2004/676/EC: Council Decision of 24 September 2004 concerning the Staff Regulations of the European Defence Agency
Date: 2004-09-24
Institutions: Council of the European Union
Subjects: European Defence Agency, contract staff, regulations for civil servants, servant (EU), staff regulations (EU)

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II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 24 September 2004

concerning the Staff Regulations of the European Defence Agency

(2004/676/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Council Joint Action 2004/551/CFSP of
12 July 2004 on the establishment of the European Defence
Agency (1), and in particular Article 11(3)(3.1) thereof,

HAS DECIDED AS FOLLOWS:

TITLE I

GENERAL PROVISIONS

Article 1

1.
These Staff Regulations shall apply to staff engaged under
contract by the European Defence Agency (hereinafter referred
to as ‘staff member’ and ‘Agency’ respectively).

Such staff shall be:

— temporary staff,

— contract staff.

2.
For the purpose of these Staff Regulations, the authority
authorised to conclude contracts (hereinafter referred to as
‘AACC’) shall be determined in accordance with the relevant
provisions of the Joint Action 2004/551/CFSP.

Any reference in these Staff Regulations to a person of the
3.
male sex shall be deemed also to constitute a reference to a
person of the female sex, and vice-versa, unless the context
clearly indicates otherwise.

(1) OJ L 245, 17.7.2004, p. 17.

TITLE II

TEMPORARY STAFF

CHAPTER 1

General provisions

Article 2

For the purposes of these Staff Regulations, “temporary staff”
means staff engaged to fill temporarily a post included in the
list of posts appended to the budget of the Agency.

Article 3

Temporary staff shall not be engaged for more than four years
but their engagement may be limited to any shorter duration.
Their contracts may be renewed not more than once for a
maximum period of two years if the possibility of renewal
has been provided for in the initial contract and within the
limits provided for in that contract. At the end of that time,
they shall no longer be employed as temporary staff under these
provisions.

Article 4

Temporary staff shall not be engaged for any purpose other
than that of filling, in accordance with these Staff Regulations,
vacant posts included in the list of posts appended to the
budget of the Agency.

Article 5

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

language,

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

Agency and to services provided by the Staff Committee.
Former members of
to
limited specific measures of a social nature.

temporary staff may have access

2. With a view to ensuring full equality in practice between
men and women in working life, which shall be an essential
element to be considered in the implementation of all aspects of
these Staff Regulations, the principle of equal treatment shall
not prevent the Agency from maintaining or adopting measures
providing for specific advantages in order to make it easier for
the underrepresented sex to pursue a vocational activity or to
prevent or compensate for disadvantages in professional careers.

3.
The Agency shall determine, after consulting the Staff
Committee, measures and actions to promote equal opportu-
nities for men and women in the areas covered by these Staff
Regulations, and shall adopt the appropriate provisions notably
to redress such de facto inequalities as hamper opportunities for
women in these areas.

4.
For the purposes of paragraph 1 of this Article, a person
has a disability if he has a physical or mental impairment that
is, or is likely to be, permanent. The impairment shall be
determined according to the procedure set out in Article 37.

A person with a disability meets the conditions laid down in
Article 36(2)(d) if he can perform the essential functions of the
job when reasonable accommodation is made.

in relation to the

accommodation’,

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

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

6. While respecting the principle of non-discrimination and
the principle of proportionality, any limitation of their appli-
cation must be justified on objective and reasonable grounds
and must be aimed at
legitimate objectives in the general
interest in the framework of staff policy.

2. Members of temporary staff in active employment shall be
accorded working conditions complying with appropriate health
and safety standards at
to the minimum
requirements applicable under measures adopted in these
areas pursuant to the Treaties.

least equivalent

Article 7

The posts covered by these Staff Regulations shall be
1.
the
classified, according to the nature and importance of
duties to which they relate,
function
group (hereinafter ‘AD’) and an assistants' function group (here-
inafter ‘AST’).

in an administrators'

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

3.

Appointment shall require at least

(a)

in function group AST:

(i) a level of post-secondary education attested by a

diploma, or

(ii) a level of secondary education attested by a diploma
giving access to post-secondary education, and appro-
priate professional experience of at least three years, or

(iii) where justified in the interests of the service, profes-
an

training or professional

experience of

sional
equivalent level.

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

(i) a level of education which corresponds to completed
university studies of at least three years attested by a
diploma, or

(ii) where justified in the interest of the service, professional

training of an equivalent level.

(c)

in function group AD for grades 7 to 16:

Article 6

1. Members of temporary staff in active employment shall
have access to measures of a social nature adopted by the

(i) a level of education which corresponds to completed
university studies attested by a diploma when the
normal period of university education is four years or
more, or

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

(iii) where justified in the interests of the service, profes-

sional training of an equivalent level.

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

Article 8

1.
The AACC shall, acting solely in the interest of the service
and without regard to nationality, assign each member of
temporary staff by appointment or transfer to a post in his
function group which corresponds to his grade.

A member of temporary staff may apply for a transfer within
the Agency.

than his

substantive grade.

2.
A member of temporary staff may be called upon to
occupy temporarily a post in a grade in his function group
which is higher
From the
beginning of the fourth month of such temporary posting, he
shall receive a differential allowance equal
to the difference
between the remuneration carried by his substantive grade
and step, and the remuneration he would receive in respect
of
the step at which he would be classified if he were
appointed to the grade of his temporary posting.

The duration of a temporary posting shall not exceed one year,
except where, directly or indirectly, the posting is to replace a
member of temporary staff who is seconded to another post in
the interests of the service, called up for military service or
absent on protracted sick leave.

Article 9

The grade and step at which temporary staff are engaged

1.
shall be stated in their contract.

2.
Assignment of temporary staff to a post carrying a higher
grade than that at which they were engaged shall be recorded in
an agreement supplementary to their contract of service.

CHAPTER 2

Rights and obligations

Article 10

A member of

the AACC accept

temporary staff shall not without

the
2.
from any government or
permission of
source outside the Agency to which he
from any other
belongs any honour, decoration,
favour, gift or payment of
any kind whatever, except for services rendered either before
his appointment or during special
leave for military or other
national service and in respect of such service.

Article 11

temporary

A member of

1.
in the
performance of his duties and save as hereinafter provided,
deal with a matter in which, directly or indirectly, he has any
interest such as to impair his independence, and, in
personal
particular, family and financial interests.

shall not,

staff

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

temporary staff

temporary staff may neither keep nor
3.
A member of
acquire, directly or
in undertakings which are
indirectly,
subject to the authority of the Agency or which have dealings
with the Agency, any interest of such kind or magnitude as
might impair his independence in the performance of his duties.

Article 12

A member of temporary staff shall refrain from any action or
behaviour which might reflect adversely upon his position.

Article 13

1. Members of temporary staff shall refrain from any form of
psychological or sexual harassment.

2.
A member of temporary staff who has been the victim of
psychological or sexual harassment shall not suffer any preju-
dicial effects on the part of
the Agency. A member of
temporary staff who has given evidence on psychological or
sexual harassment shall not suffer any prejudicial effects on
the part of the Agency, provided the member of temporary
staff has acted honestly.

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

1.
A member of temporary staff shall carry out his duties
and conduct himself solely with the interests of the Agency in
mind; he shall neither seek nor take instructions from any
government, authority, organisation or person outside the
Agency. He shall carry out the duties assigned to him objec-
tively, impartially and in keeping with his duty of loyalty to the
Agency.

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

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Article 14

Subject

to Article 16, a member of

first obtain the permission of

1.
temporary staff
wishing to engage in an outside activity, whether paid or
unpaid, or to carry out any assignment outside the Agency,
the AACC. Permission
shall
shall be refused only if the activity or assignment in question
is such as to interfere with the performance of the member of
temporary staff's duties or is incompatible with the interests of
the Agency.

2.
A member of temporary staff shall notify the AACC of
any changes in a permitted outside activity or assignment,
which occur after the member of temporary staff has sought
the permission of the AACC under paragraph 1. Permission
the activity or assignment no longer
may be withdrawn if
meets
sentence of
referred to in the last
the conditions
paragraph 1.

Article 15

temporary staff

the spouse of member of

If
is in gainful
employment, the member of temporary staff shall inform the
the employment prove to be
AACC. Should the nature of
incompatible with that of the member of temporary staff and
if the member of temporary staff is unable to give an under-
taking that it will cease within a specified period, the AACC
shall, after consulting the Staff Committee, decide whether the
member of temporary staff shall continue in his post or be
transferred to another post.

Article 16

1.
A member of temporary staff who intends to stand for
public office shall notify the AACC. The AACC shall decide, in
the light of the interests of the service, whether the member of
temporary staff concerned:

(a) should be required to apply for leave on personal grounds,

or

(b) should be granted annual leave, or

(c) may be authorised to discharge his duties on a part-time

basis, or

discretion

and
appointments or benefits.

as

regards

the

acceptance

of

certain

If

inform the Agency thereof.

Members of temporary staff intending to engage in an occupa-
tional activity, whether gainful or not, within two years of
leaving the service shall
that
activity is related to the work carried out by the member of
temporary staff during the last three years of service and could
lead to a conflict with the legitimate interests of the Agency, the
AACC may, having regard to the interests of the service, either
forbid him from undertaking it or give its approval subject to
any conditions it thinks fit. The Agency shall, after consulting
the Staff Committee, notify its decision within 30 working days
of being so informed. If no such notification has been made by
this shall be deemed to constitute
the end of
implicit acceptance.

that period,

Article 18

A member of

1.
temporary staff shall refrain from any
unauthorised disclosure of information received in the line of
duty, unless that information has already been made public or is
accessible to the public.

A member of temporary staff shall continue to be bound

2.
by this obligation after leaving the service.

Article 19

1.
A member of temporary staff has the right to freedom of
expression, with due respect to the principles of loyalty and
impartiality.

2. Without prejudice to Articles 12 and 18, a member of
temporary staff who intends
to publish or cause to be
published, whether alone or with others, any matter dealing
inform the AACC in
with the work of
advance.

the Agency shall

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

inform the member of

temporary staff of

(d) may continue to discharge his duties as before.

Article 20

the service,

2.
A member of temporary staff elected or appointed to
public office shall immediately inform the AACC. The AACC
shall, having regard to the interests of
the
importance of the office, the duties it entails and the remu-
neration and reimbursement of expenses incurred in carrying
out
the decisions referred to in
paragraph 1. If the member of temporary staff is required to
take leave on personal grounds or is authorised to discharge his
duties on a part-time basis, the period of such leave or part-time
working shall correspond to the member of temporary staff's
term of office.

those duties,

take one of

Article 17

A member of temporary staff shall, after leaving the service,
continue to be bound by the duty to behave with integrity

1.
All rights in any writings or other work done by any
member of temporary staff in the performance of his duties
shall be the property of the Agency to whose activities such
writings or work relate. The Agency shall have the right to
acquire compulsorily the copyright in such works.

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

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The Agency may in appropriate cases award a bonus, the
3.
amount of which shall be determined by the Agency, to a
member of temporary staff who is the author of a patented
invention.

Article 21

A member of temporary staff shall not, without permission
from the AACC, disclose on any grounds whatever,
in any
legal proceedings information of which he has knowledge by
reason of his duties. Permission shall be refused only where the
interests of the Agency so require and such refusal would not
entail criminal consequences as far as the member of temporary
staff is concerned. A member of temporary staff shall continue
to be bound by this obligation after leaving the service.

The provisions of the first subparagraph shall not apply to a
member of temporary staff or former member of temporary
staff giving evidence before the Appeal Board or before the
Disciplinary Board on a matter concerning a member of
temporary staff or former member of temporary staff.

Article 22

A member of temporary staff shall reside either in the place
where he is employed or at no greater distance therefrom as is
compatible with the proper performance of his duties. The
member of
temporary staff shall notify the AACC of his
address and inform it immediately of any changes of address.

member of temporary staff, the immediate superior shall be
obliged to give such orders in writing.

Article 25

A member of temporary staff may be required to make good, in
whole or in part, any damage suffered by the Agency 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 given by the AACC authority in
accordance with the procedure laid down in regard to disci-
plinary matters.

The Appeal Board shall have unlimited jurisdiction in disputes
arising under this provision.

Article 26

facts which gives rise to a presumption of

1.
Any member of temporary staff who, in the course of or
in connection with the performance of his duties, becomes
aware of
the
including fraud or
existence of possible
corruption, detrimental to the interests of the Agency, or of
conduct relating to the discharge of professional duties which
may constitute a serious failure to comply with the obligations
of members of temporary staff of the Agency shall without
delay inform either his immediate superior or, if he considers
it useful, the Chief Executive of the Agency.

activity,

illegal

Article 23

Information referred to in the first subparagraph shall be given
in writing.

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

A member of temporary staff 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 responsibility.

Article 24

inform his immediate superior, who shall,

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

2.
If the immediate superior considers that the orders must
be executed promptly, the member of temporary staff shall
carry them out unless they are manifestly illegal or constitute
a breach of the relevant safety standards. At the request of the

2.
A member of temporary staff shall not suffer any preju-
dicial effects on the part of the Agency as a result of having
communicated the information referred to in paragraph 1,
provided that he acted reasonably and honestly.

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

Article 27

1.
A member of temporary staff who further discloses infor-
mation as defined in Article 26 to the President of the Council
of the European Union or of the European Parliament, shall not
suffer any prejudicial effects on the part of the Agency provided
that both of the following conditions are met:

(a)

the member of temporary staff honestly and reasonably
believes that the information disclosed, and any allegation
contained in it, are substantially true; and

(b) the member of temporary staff has previously disclosed the
same information to the Agency and has allowed the
Agency the period of time set by the Agency, given the
complexity of
to take appropriate action. The
member of temporary staff shall be duly informed of that
period of time within 60 days.

the case,

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The period referred to in paragraph 1 shall not apply
2.
where the member of temporary staff can demonstrate that it
is unreasonable having regard to all the circumstances of the
case.

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

Article 28

(a) all documents concerning his administrative status and all
reports relating to his ability, efficiency and conduct;

(b) any comments by the member of temporary staff on such

documents.

Documents shall be registered, numbered and filed in serial
order; the documents referred to in subparagraph (a) may not
be used or cited by the Agency against a member of temporary
staff unless they were communicated to him before they were
filed.

in
The Agency shall assist any member of temporary staff,
in proceedings against any person perpetrating
particular
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.

The communication of any document
to a member of
temporary staff shall be evidenced by his signing it or, failing
that, shall be effected by registered letter to the last address
communicated by the member of temporary staff.

It shall compensate the member of temporary staff for damage
suffered in such cases, in so far as the member of temporary
staff 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.

A member of temporary staff's personal file shall contain no
reference to his political, trade union, philosophical or religious
activities and views, or to his racial or ethnic origin or sexual
orientation.

Article 29

The Agency shall facilitate such further training and instruction
for member of
temporary staffs as is compatible with the
proper functioning of the service and is in accordance with
its own interests.

Such training and instruction shall be taken into account for
purposes of promotion in their careers.

Article 30

Members of temporary staff shall be entitled to exercise the
right of association;
they may in particular be members of
trade unions or staff associations.

Article 31

Members of temporary staff may submit requests concerning
issues covered by these Staff Regulations to the AACC.

Any decision relating to a specific individual which is taken
under these Staff Regulations shall at once be communicated
in writing to the member of temporary staff concerned. Any
decision adversely affecting a member of temporary staff shall
state the grounds on which it is based.

decisions

regarding

establishment,
Specific
promotion,
transfer, determination of administrative status
and termination of service of a member of temporary staff
shall be published in the Agency. The publication shall be
accessible to all staff for an appropriate period of time.

appointment,

The precedent paragraph shall not however prohibit
the
insertion in the file of administrative acts and documents
known to the member of temporary staff which are necessary
for the application of these Staff Regulations.

There shall be only one personal
temporary staff.

file for each member of

A member of temporary staff shall have the right, even after
leaving the service, to acquaint himself with all the documents
in his file and to take copies of them.

The personal file shall be confidential and may be consulted
only in the offices of the administration or on a secure elec-
tronic medium. It shall, however, be forwarded to the Appeal
Board if an action concerning the member of temporary staff is
brought.

Article 33

Members of temporary staff shall have the right to acquaint
in accordance with
themselves with their medical
arrangements to be laid down by the Agency.

files,

Article 34

Any decision requiring damage suffered by the Agency as a
result of serious misconduct to be made good, as provided
for in Article 25, shall be taken by the AACC after observing
the formalities provided for in cases of dismissal for serious
misconduct.

Article 32

The personal file of a member of temporary staff shall contain:

Decisions relating to individual members of the temporary staff
shall be published as provided for in Article 31.

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Article 35

the
The privileges and immunities enjoyed by members of
temporary staff are accorded solely in the interests of
the
Agency. Members of the temporary staff shall not be exempt
from fulfilling their private obligations or from complying with
the laws and police regulations in force.

When privileges and immunities are in dispute, the member of
the temporary staff concerned shall
immediately inform the
Agency.

CHAPTER 3

Conditions of engagement

Article 36

The engagement of temporary staff shall be directed to
1.
securing for the Agency the services of persons of the highest
standard of ability, efficiency and integrity, recruited on the
broadest possible geographical basis from among nationals of
Member States participating in the Agency.

Temporary staff shall be selected without distinction as to race,
political, philosophical or religious beliefs, sex or sexual orien-
tation and without reference to their marital status or family
situation.

A member of the temporary staff may be engaged only on

2.
condition that:

(a) he is a national of one of the participating Member States

and enjoys his full rights as a citizen;

(b) he has fulfilled any obligations imposed on him by the laws

concerning military service;

(c) he produces the appropriate character references as to his

suitability for the performance of his duties;

(d) he is physically fit to perform his duties; and

(e) he produces evidence of a thorough knowledge of one of
the languages of the European Union and of a satisfactory
knowledge of another language of the Union to the extent
necessary for the performance of his duties.

The Steering Board shall adopt specific provisions on the
temporary staff, as necessary,

3.
procedures for recruitment of
within the framework of the Joint Action 2004/551/CFSP.

Article 37

Where a negative medical opinion is given as a result of the
medical examination provided for in the first subparagraph, the
candidate may, within 20 days of being notified of this opinion
by the Agency, request
that his case be submitted for the
opinion of a medical committee composed of three doctors
chosen by the AACC from among the Agency's medical
officers. The medical officer responsible for the initial negative
opinion shall be heard by the medical committee. The candidate
may refer the opinion of a doctor of his choice to the medical
the medical committee
committee. Where the opinion of
confirms the conclusions of the medical examination provided
for in the first subparagraph, the candidate shall pay 50 % of the
fees and of the incidental costs.

Article 38

A member of the temporary staff may be required to serve a
probationary period not exceeding six months.

Where, during his probationary period, a member of
the
temporary staff
from
the AACC
performing his duties for one month or more,
may extend his probationary period by the corresponding
length of time.

is prevented, by sickness or accident,

Not less than one month before the expiry of the probationary
period, a report shall be made on the ability of the member of
the temporary staff to perform the duties pertaining to his post
and also on his conduct and efficiency in the service. The report
shall be communicated to the person concerned, who shall have
the right to submit his comments in writing. A member of the
temporary staff whose work has not proved adequate to justify
retention in his post shall be dismissed.

However, the AACC may, in exceptional circumstances, extend
the probationary period for a maximum of six months, and
possibly assign the member of the temporary staff to another
department.

A report on the probationary member of temporary staff may
be made at any time during the probationary period if his work
is proving obviously inadequate. The report shall be commu-
nicated to the person concerned, who shall have the right to
submit his comments in writing. On the basis of the report, the
AACC may decide to dismiss the member of the temporary staff
before the end of the probationary period by giving him one
month's notice.

Article 39

A member of temporary staff shall be recruited at the first

1.
step in his grade.

Before being engaged, a member of the temporary staff shall be
medically examined by a medical officer authorised by the
Agency in order that
the Agency may be satisfied that he
fulfils the requirements of Article 36(2)(d).

The AACC may allow additional seniority up to a maximum of
24 months to take account of his professional experience.
General
implementing provisions shall be adopted to give
effect to this Article.

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2. Where a member of the temporary staff is assigned to a
post corresponding to a higher grade, as provided for in the
second paragraph of Article 9, he shall be placed in the initial
step in that grade. However, members of the temporary staff in
grades AD 9 to AD 13 carrying out the duties of head of unit
who are appointed to a higher grade shall be placed in the
second step of the new grade. The same arrangement shall
apply to any member of
the temporary staff who upon
promotion is appointed director or director-general.

Article 40

in the service of each
The ability, efficiency and conduct
member of temporary staff shall be the subject of a periodical
report made at least once every two years. The Chief Executive
to lodge an
shall
lay down provisions conferring the right
appeal within the reporting procedure, which has
to be
exercised before lodging a complaint as referred to in Article
167(2).

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

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

CHAPTER 4

Working conditions

S e c t i o n A

P a r e n t a l o r f a m i l y l e a v e

Article 41

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

leave,

the member of

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

shall be entitled to an allowance of EUR 798,77 per month or
50 % of such sum if on half-time leave but may not engage in
any other gainful employment. The full contribution to the
social security scheme provided for in Articles 67 and 68
shall be borne by the Agency and calculated on the basis of
the basic salary of the member of temporary staff.

in the case of half-time leave this provision shall
However,
apply only to the difference between the full basic salary and
the proportionally reduced basic salary. For the part of the basic
salary actually received, the member of temporary staff's contri-
bution shall be calculated by using the same percentages as if he
were in full-time employment.

The allowance shall be EUR 1 065,02 per month, or 50 % of
such sum if the member of temporary staff is on half-time
leave, for the single parents referred to in the first subparagraph
and during the first three months of parental leave where such
leave is taken by the father during maternity leave or by either
parent immediately after maternity leave or during or imme-
diately after adoption leave. The amounts mentioned in this
Article shall be adapted in line with remuneration.

Article 42

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

The second subparagraph of Article 41 shall apply.

S e c t i o n B

H o u r s o f w o r k

Article 43

Members of temporary staff in active employment shall at all
times be at
the normal
the disposal of Agency. However,
working week shall not exceed 42 hours, the hours of the
working day to be determined by the AACC. Within the
same
consulting the Staff
Committee, determine the hours to be worked by certain
groups of members of temporary staff engaged on particular
duties.

the AACC may,

limits,

after

the exigencies of

temporary staff may, moreover, be required
A member of
because of
the service or safety rules to
remain on standby duty at his place of work or at home
outside normal working hours. The Agency shall
lay down
detailed rules
this paragraph after
consulting the Staff Committee.

the application of

for

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Article 44

A member of temporary staff may request authorisation

1.
to work part time.

Article 53 and, except for the third sentence of paragraph 2,
Article 3 of Annex II shall apply. The AACC may lay down
detailed rules for the application of this Article.

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

The member of temporary staff shall be entitled to author-

2.
isation in the following cases:

(a)

to care for a child under 9 years of age,

Article 46

A member of temporary staff may not be required to work
overtime except 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 procedure laid
down by the AACC. The total overtime which a member of
temporary staff may be asked to work shall not exceed 150
hours in any six months.

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

Overtime worked by members of temporary staff in function
group AD, and in function group AST 5 to 11 shall carry no
right to compensation or remuneration.

(c)

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

(d) to take part in further training, or

(e) as of

the age of 55 during the last

five years before

retirement.

Where part-time is requested in order to take part in further
training, or as of the age of 55 the AACC may refuse author-
isation or postpone its date of effect only in exceptional circum-
stances and for overriding service-related reasons.

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

The AACC shall reply to the member of temporary staff's

3.
request within 60 days.

The rules governing part-time work and the procedure for

4.
granting authorisation are laid down in Annex II.

Article 45

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

As provided for in Annex IV, overtime worked by members of
temporary staff in grade AST 1 to AST 4 shall entitle them
either to compensatory leave or to remuneration where the
requirements of the service do not allow compensatory leave
during the month following that in which the overtime was
worked.

Article 47

A member of temporary staff who is expected to work regularly
at night, on Saturdays, Sundays or public holidays shall be
entitled to special allowances when doing shiftwork which is
required by the Agency because of the exigencies of the service
or safety rules and which is regarded by it as a regular and
permanent feature.

The AACC shall determine the categories of members of
temporary staff entitled to such allowances, and the rates and
conditions thereof.

The normal working hours of a member of temporary staff on
shiftwork must not exceed the annual total of normal working
hours.

Article 48

temporary staff shall be entitled to special
A member of
allowances when required in accordance with a decision taken
by the AACC because of the exigencies of the service or safety
rules to remain on standby duty at his place of work or at
home outside normal working hours.

The AACC shall determine the categories of members of
temporary staff entitled to such allowances, the conditions for
granting the allowances and also the rates thereof.

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Article 49

Special allowances may be granted to certain members of
temporary
arduous
working conditions.

for particularly

to compensate

staff

The Agency shall determine the categories of beneficiaries, and
the rates and conditions of such special allowances.

S e c t i o n C

L e a v e

Article 50

Members of temporary staff shall be entitled to annual leave of
not less than 24 working days nor more than 30 working days
per calendar year, in accordance with the same rules as those
laid down by common accord of the Community institutions.

Apart from this annual leave a member of temporary staff, may,
exceptionally on application, be granted special leave. The rules
relating to such leave are laid down in Annex III.

Article 51

Pregnant women shall, in addition to the leave provided for in
Article 50, be entitled on production of a medical certificate to
twenty weeks of leave. The leave shall start not earlier than six
weeks before the expected date of confinement shown in the
certificate and end not earlier than 14 weeks after the date of
confinement. In the case of multiple or premature birth or the
birth of a handicapped child, the duration shall be of 24 weeks.
Premature birth for the purposes of this provision is a birth
taking place before the end of the 34th week of pregnancy.

Article 52

1.
A member of temporary staff who provides evidence of
being unable to carry out his duties by reason of illness or
accident shall be entitled to sick leave.

The member of
temporary staff concerned shall notify the
Agency of his incapacity as soon as possible and at the same
time state his current address. He shall produce a medical certi-
ficate if he is absent for more than three days. This certificate
must be sent on the fifth day of absence at
the latest, as
evidenced by the date as postmarked. Failing this, and unless
failure to send the certificate is due to reasons beyond his
temporary staff's absence shall be
control,
considered as unauthorised.

the member of

The member of temporary staff may at any time be required to
undergo a medical examination arranged by the Agency. If the
examination cannot take place for reasons attributable to the
member of temporary staff, his absence shall be considered as
unauthorised as from the date that the examination is due to
take place.

If the finding made in the examination is that the member of
temporary staff is able to carry out his duties, his absence shall,
subject to the following subparagraph, be regarded as unjustified
from the date of the examination.

If the member of temporary staff considers the conclusions of
the medical examination arranged by the AACC be unjustified
on medical grounds, he or a doctor acting on his behalf may
within two days submit to the Agency a request that the matter
be referred to an independent doctor for an opinion.

The Agency shall immediately transmit the request to another
doctor agreed upon by the member of temporary staff's doctor
and the Agency's medical officer. Failing such agreement within
five days of the request, the Agency shall select a person from a
list of independent doctors to be established for this purpose
each year by common consent of the AACC and the Staff
Committee. The member of temporary staff may within two
working days object to the Agency's choice, whereupon the
Agency shall choose another person from the list, which
choice shall be final.

The independent doctor's opinion given after consultation of
temporary staff's doctor and the Agency's
the member of
medical officer
shall be binding. Where the independent
doctor's opinion confirms the conclusion of the examination
arranged by the Agency, the absence shall be treated as unjus-
tified from the date of that examination. Where the independent
doctor's opinion does not confirm the conclusion of that exam-
ination, the absence shall be treated for all purposes as having
been justified.

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

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

the member of

leave of

4.
The AACC may refer to the Invalidity Committee the case
of any member of temporary staff whose sick leave totals more
than 12 months in any period of three years.

5.
A member of temporary staff may be required to take
leave after examination by the Agency's medical officer if his
state of health so requires or if a member of his household is
suffering from a contagious disease.

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

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temporary staff shall undergo a medical
6. Members of
check-up every year either by the Agency's medical officer or
by a medical practitioner chosen by them.

In the latter case, the practitioner's fees shall be payable by the
Agency up to a maximum amount fixed for a period of no
more than three years by the AACC.

Article 56

1.
In exceptional circumstances a member of the temporary
staff may at his own request be granted unpaid leave on
compelling personal grounds. The AACC shall determine the
length of such leave, which shall not exceed one quarter of
the
time already worked by the member of
length of
temporary staff or:

Article 53

— three months if the member of temporary staff's seniority is

leave of a member of

The annual
temporary staff who is
authorised to work part time shall, for as long as he is so
authorised, be reduced proportionally.

less than four years;

— twelve months in all other cases.

Article 54

Except in case of sickness or accident, a member of temporary
staff 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
member of temporary staff concerned. If he has used up his
annual leave, he shall forfeit his remuneration for an equivalent
period.

If a member of temporary staff wishes to spend leave elsewhere
than at the place where he is employed he shall obtain prior
permission from the AACC.

leave and parental and family leave shall not extend

Special
beyond the term of the contract.

The paid sick leave provided for in Article 52 shall not,
however, exceed three months or the length of time worked
by the member of
the temporary staff, where the latter is
longer. The leave shall not extend beyond the term of his
contract.

On expiry of these time limits, a member of the temporary staff
whose contract is not terminated, notwithstanding that he is
unable to resume his duties, shall be placed on unpaid leave.

However, where a member of the temporary staff contracts an
occupational disease or sustains an accident in the performance
of his duties, he shall continue to receive his full remuneration
throughout the period during which he is incapable of working
until such time as he is awarded an invalidity allowance under
Article 76.

S e c t i o n D

P u b l i c h o l i d a y s

Article 55

A list of public holidays shall be drawn up by the Agency.

Any period of

2.
leave granted in accordance with the
preceding paragraph shall not count for purposes of the appli-
cation of the ninth paragraph of Article 59.

3. While a member of the temporary staff is on unpaid leave
his membership of the social security scheme provided for in
Article 67 shall be suspended.

However, a member of the temporary staff who is not gainfully
employed may, not later than one month following that in
which unpaid leave begins, apply to continue to be covered
against the risks referred to in Article 67, provided that he
bears half the cost of the contributions provided for in that
Article for the duration of his leave; the contribution shall be
calculated by reference to his last basic salary.

Moreover, a member of the temporary staff who proves that he
cannot acquire pension rights under another pension scheme
may apply to continue to acquire further pension rights
throughout the period of unpaid leave, provided that he bears
the cost of a contribution equal to three times the rate laid
down in Article 89; the contributions shall be calculated by
reference to the basic salary for his grade and step.

Article 57

A member of the temporary staff who is called up for military
service, alternative services or reserve training or who is recalled
to serve in the armed forces shall be assigned leave for national
service; such leave may in no circumstances exceed the duration
of the contract.

A member of the temporary staff who is called up for military
service or alternative service shall cease to receive his remu-
neration but shall retain his right under these Staff Regulations
to advancement to a higher step. He shall also retain his right to
severance grant if, after completing his military service or alter-
native service, he pays up his pension contributions retroac-
tively.

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A member of the temporary staff who is called up for reserve
training or who is recalled to service in the armed forces shall,
during the period of training or recall, continue to receive his
remuneration subject to deduction of an amount equal to his
service pay.

CHAPTER 5

Remuneration and expenses

Article 58

temporary staff,

6. Where, by virtue of Articles 1, 2 and 3 of Annex V, such
family allowances are paid to a person other than the member
these allowances shall be paid in the
of
currency of
the country in which that person is resident,
calculated where applicable on the basis of the exchange rates
referred to in the second subparagraph of Article 63 of the EC
Staff Regulation. They shall be subject to the weighting for the
country in question if it is inside the European Union or to a
weighting equal to 100 if the country of residence is outside the
Union.

The remuneration of temporary staff shall comprise basic salary,
family allowances and other allowances.

Paragraphs 4 and 5 shall apply where family allowances are
paid to such a person.

Article 59

adjustments

review and the

1.
The remuneration of the members of the temporary Staff
shall be expressed in euro. The weightings, the deductions, the
annual
shall be determined
according to the same rules as those set out in Articles 63,
64, 65, 65a and 66a of the Staff Regulations of Officials of
the European Communities, as laid down in Regulation (EEC,
Euratom, ECSC) No 259/68 (1), hereinafter referred to as ‘the EC
Staff Regulations’ and in Regulation (EEC, Euratom, ECSC) No
260/68 of the Council of 29 February 1968 laying down the
conditions and procedure for applying the tax for the benefit of
the European Communities (2). The deductions set out in the EC
Staff Regulations shall be for the benefit of the budget of the
Agency except for the contributions on sickness, accident and
unemployment insurance schemes.

2.
The basic salaries shall be determined according to the
same rules as those set out in Article 66 of the EC Staff Regu-
lations.

3.

The family allowances shall comprise:

(a) household allowance;

(b) dependent child allowance;

(c) education allowance.

temporary

4. Members of
family
allowances specified in this Article shall declare allowances of
like nature paid from other sources; such latter allowances shall
be deducted from those paid under Articles 1, 2 and 3 of
Annex V.

in receipt of

staff

5.
The dependent child allowance may be doubled by special
reasoned decision of the AACC based on medical documents
establishing that the child concerned is suffering from a mental
or physical handicap which involves the member of temporary
staff in heavy expenditure.

7.
The expatriation allowance shall be equal to 16 % of the
total of the basic salary, household allowance and dependent
child allowance to which the member of temporary staff is
entitled. The expatriation allowance shall be not
less than
EUR 442,78 per month.

In the event of a member of temporary staff's death, the
8.
surviving spouse or dependent children shall
receive the
deceased's full remuneration until the end of the third month
after the month in which the death occurred.

In the event of the death of a person entitled to an invalidity
allowance, the above provisions shall apply in respect of the
deceased's allowance.

9.
A member of temporary staff who has been at one step in
his grade for two years shall automatically advance to the next
step in that grade.

Article 60

The payment of family allowances and expatriation allowance
shall be determined according to Articles 1, 2, 3 and 4 of
Annex V.

Article 61

Subject to Articles 62 to 65, a member of the temporary staff
shall be entitled, in accordance with Articles 5 to 16 of Annex
V, to reimbursement of expenses incurred by him on taking up
appointment, transfer or leaving the service, and also to reim-
bursement of expenses
in
connection with the performance of his duties.

incurred in the course of or

(1) OJ L 56, 4.3.1968, p. 1. Regulation as last amended by Regulation

(EC, Euratom) No 723/2004 (OJ L 124, 27.4.2004, p. 1).

(2) OJ L 56, 4.3.1968, p. 8. Regulation as last amended by Regulation

(EC, Euratom) No 1750/2002 (OJ L 264, 2.10.2002, p. 15).

A member of the temporary staff engaged for a period of not
less than 12 months shall, as provided for in Article 9 of Annex
V be entitled to reimbursement of his removal expenses.

Article 62

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Article 63

Article 66

1.
A member of the temporary staff engaged for a period of
not less than one year shall receive an installation allowance as
provided for in Article 5 of Annex V amounting,
for an
expected period of service of:

— not less than one year but
less than two years,

— not

less than two years
but less than three years,

to one third

to two thirds

— three years or more,

to three thirds

9

>>>>>=
>>>>>;

the rate
of
laid
down
in Article 5
of Annex V

2.
The resettlement allowance provided for in Article 6 of
Annex V shall be granted to temporary staff who have
completed four years' service. A member of
the temporary
staff who has completed more than one year's but less than
four years' service shall receive a resettlement allowance propor-
tionate to his length of service.

However,

3.
in
paragraph 1 and the resettlement allowance provided for in
paragraph 2 shall not be less than:

the installation allowance provided for

(a) EUR 976,85 for a member of

temporary staff who is

entitled to the household allowance; and

(b) EUR 580,83 for a member of temporary staff who is not

entitled to the household allowance.

In cases where a husband and wife who are both members of
temporary staff of the Agency are both entitled to the instal-
lation allowance or resettlement allowance, this shall be payable
only to the person whose basic salary is the higher.

In cases where the husband or wife of a member of
the
temporary staff of the Agency is an official or other servant
of the European Communities who is entitled to the installation
or resettlement allowance and is in receipt of a higher basic
salary, such an allowance shall not be payable to the member of
the temporary staff.

Article 64

The daily subsistence allowance shall be as set out in Article 10
of Annex V. However, a member of the temporary staff who is
engaged for a fixed period of less than 12 months and who
furnishes evidence that it is impossible for him to continue to
live in his place of residence shall be entitled to the daily
subsistence allowance for the duration of his contract or for a
maximum of one year.

Article 65

Article 8 of Annex V on annual payment of travel expenses
from place of employment to place of origin, shall apply only
to temporary staff who have completed not less than nine
months' service.

Payment of sums due shall be as set out in Articles 17 and 18
of Annex V.

CHAPTER 6

Social security benefits

S e c t i o n A

S i c k n e s s a n d a c c i d e n t i n s u r a n c e , s o c i a l
s e c u r i t y b e n e f i t s

Article 67

A member of

1.
temporary staff during the period of
employment, during sick leave and during the periods of
unpaid leave referred to in Articles 16 and 56 in accordance
with conditions laid down therein, or when in receipt of inva-
lidity allowance, his spouse, where such spouse is not eligible
for benefits of the same nature and of the same level by virtue
of any other legal provision or regulations, his children and
other dependants within the meaning of Article 2 of Annex
V, and recipients of a survivor's pension are insured against
sickness up to 80 % of the expenditure incurred subject to the
same rules as those drawn up by agreement between the
Community institutions pursuant Article 72 of the EC Staff
Regulations. This rate shall be increased to 85 % for
the
following services: consultations and visits, surgical operations,
hospitalisation, pharmaceutical products,
radiology, analyses,
laboratory tests and prostheses on medical prescription with
the exception of dental prostheses.
It shall be increased to
100 % in cases of tuberculosis, poliomyelitis, cancer, mental
illness and other
illnesses recognised by the AACC as of
comparable seriousness, and for early detection screening and
in cases of confinement. However, reimbursement at 100 %
shall not apply in the case of occupational disease or accident
having given rise to the application of Article 68.

The unmarried partner of a member of temporary staff shall be
treated as the spouse under the sickness insurance scheme,
where the first three conditions in Article 1(2)(c) of Annex V
are met.

One third of the contribution required to meet such insurance
cover shall be charged to the member of temporary staff but so
that the amount charged to him shall not exceed 2% of his
basic salary.

is not

that he

evidence

A member of temporary staff whose service terminates
2.
and who provides
in gainful
employment may, not later than one month following that in
which his service terminates apply to continue, for a maximum
of six months after termination of service, to be insured against
sickness as provided for in paragraph 1. The contribution
referred to in paragraph 1 shall be calculated by reference to
the last basic salary received by the member of temporary staff,
half the contribution being borne by him.

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By decision of the AACC taken after consulting the Agency's
medical officer, the period of one month for making application
and the six months'
limit specified in the first subparagraph
shall not apply where the person concerned is suffering from
a serious or protracted illness which he contracted before
leaving the service and of which he notified the Agency
before the end of the six months' period specified in the first
subparagraph, provided that the person concerned undergoes a
medical examination arranged by the Agency.

3. Where the ex-spouse of a member of temporary staff, a
child who ceases to be a member of temporary staff's dependant
or a person who ceases to be treated as a dependent child
within the meaning of Article 2 of Annex V can provide
evidence that he or she is not in gainful employment, he or
she may continue for a maximum of one year to be insured
against sickness as provided for in paragraph 1, in his or her
capacity as insured persons covered under that member of
temporary staff's insurance; this cover shall not give rise to
the
contribution. This one-year period shall
commence on the date of the decree absolute of divorce or
of the loss of status of dependent child or of person treated
as a dependent child.

levy of

a

4.
A member of temporary staff who has remained in the
service of the Agency until the age of 63 years or who is in
receipt of an invalidity allowance shall be entitled to the benefits
provided for in paragraph 1 after he has left the service. The
amount of contribution shall be calculated by reference to the
amount of pension or allowance.

Those benefits shall also apply to the person entitled to
survivor's pension following the death of an member of
temporary staff who was
in active employment or who
remained in the service of the Agency until the age of 63
years, or
the death of a person entitled to an invalidity
allowance. The amount of contribution shall be calculated by
reference to the amount of the survivor's pension.

5.
Persons entitled to an orphan's pension shall not receive
the benefit provided for in paragraph 1 unless they apply for it.
The contribution shall be calculated by reference to the orphan's
pension.

6.
In the case of persons entitled to a survivor's pension, the
contribution referred to in paragraphs 4 and 5 may not be less
than that calculated by reference to the basic salary corre-
sponding to the first step in grade 1.

reimbursed for any
7. Where the total expenditure not
period of 12 months exceeds half the member of temporary
staff's basic monthly salary, special reimbursement shall be
the family
allowed by the AACC, account being taken of
circumstances of
in the manner
provided for in the rules referred to in paragraph 1.

the person concerned,

8.
Persons entitled to the foregoing benefits shall declare the
amount of any reimbursements paid or which they can claim
under any other sickness insurance scheme provided for by law
or regulation for themselves or for persons covered by their
insurance.

Where the total which they would receive by way of reimbur-
sement exceeds the sum of the reimbursements provided for in

paragraph 1, the difference shall be deducted from the amount
to be reimbursed pursuant to paragraph 1, with the exception
of reimbursements obtained under a private supplementary
sickness insurance scheme covering that part of the expenditure
which is not reimbursable by the sickness insurance scheme of
the Agency.

Article 68

A member of

temporary staff, during the period of
1.
employment, during sick leave and during the periods of
unpaid leave referred to in Articles 16 and 56 in accordance
with conditions laid down herein is insured, from the date of
his entering the service, against the risk of occupational disease
and of accident subject to the same rules as those drawn up by
common agreement of the Community institutions pursuant to
Article 73 of the EC Staff Regulations. He shall contribute to the
cost of insuring against non-occupational risks up to 0,1 % of
his basic salary.

Such rules shall specify which risks are not covered.

2.

The benefits payable shall be as follows:

(a)

In the event of death:

Payment to the persons listed below of a lump sum equal to
five times the deceased's annual basic salary calculated by
reference to the monthly amounts of salary received during
the 12 months before the accident:

— to the deceased member of temporary staff's spouse and
children in accordance with the law of
succession
governing the member of temporary staff's estate; the
amount payable to the spouse shall not, however, be
less than 25 % of the lump sum;

— where there are no persons of the category above, to the
another descendants in accordance with the law of
succession governing the member of temporary staff's
estate;

— where there are no persons of either of the two cate-
gories above, to the relatives in the ascending line in
accordance with the law of succession governing the
member of temporary staff's estate;

— where there are no persons of any of the three cate-

gories above, to the Agency.

(b) In the event of total permanent invalidity:

Payment to the member of temporary staff of a lump sum
equal to eight times his annual basic salary calculated on the
basis of the monthly amounts of salary received during the
12 months before the accident.

(c)

In the event of partial permanent invalidity:

Payment to the member of temporary staff of a proportion
of the sum provided for in subparagraph (b), calculated by
reference to the scale laid down in the rules referred to in
paragraph 1.

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As provided for in these rules an annuity may be substituted for
the payments provided for above.

The benefits listed above may be paid in addition to the benefits
provided for in Section B.

The following shall also be covered in manner provided
3.
for in the rules referred to in paragraph 1: medical, pharma-
ceutical, hospital, surgical, prosthesis,
radiography, massage,
orthopaedic, clinical and transport expenses and any other
similar expenditure incurred as a result of the accident or occu-
pational disease.

Article 70

1.
A former member of the temporary staff who is unem-
ployed when his service with the Agency has been terminated:

— who is not in receipt of an invalidity allowance from the

Agency,

— whose service is not terminated by resignation or by cancel-

lation of the contract for disciplinary reasons,

— who has completed a minimum of six months' service,

— and who is resident in an EU Member State,

Reimbursement shall, however, only be made where the amount
paid to the member of temporary staff under Article 67 does
not fully cover the expenditure incurred.

shall be eligible for a monthly unemployment allowance under
the conditions laid down below.

Article 69

1.
Contributions of the temporary staff and of the Agency to
the sickness and accident insurance scheme shall be entirely
paid to the sickness and accident insurance scheme set out in
the EC Staff Regulations.

If, however,

2.
the medical examination provided for in
Article 36 shows the servant to be suffering from sickness or
invalidity, the AACC may decide that expenses arising from
such sickness or invalidity are to be excluded from the reim-
bursement of expenditure provided for in Article 67.

If a member of the temporary staff proves that he cannot obtain
cover under any other sickness insurance scheme provided for
by law or regulation, he may, on application made at the latest
within one month following the expiry of his contract, continue
to benefit from the sickness cover provided for in Articles 67
and 68, for a period of not more than six months after the
expiry of his contract. The contributions provided for in Article
67(2) shall be based on his last basic salary and half thereof
shall be charged to him.

3.
The rate of contribution shall be reviewed and adapted as
necessary by the Council after a period of six years in the light
of the sickness and accident risk of the temporary staff of the
Agency.

The AACC may, after obtaining the advice of a medical
4.
officer authorised by the Agency, decide that the one month
time limit within which the application must be made and the
six month limit provided for in the paragraph 2 shall not apply
where the person concerned is suffering from a serious or
protracted illness contracted during his employment, which he
has reported to the Agency before the end of the six month
period provided for in the paragraph 2, on condition that the
person concerned undergoes a medical examination arranged by
the Agency.

Where he is entitled to unemployment benefits under a national
scheme, he shall be obliged to declare this to the Agency. In
such cases, the amount of those benefits will be deducted from
the allowance paid under paragraph 3.

To be eligible for this unemployment allowance, a former

2.
member of the temporary staff shall:

(a) be registered, at his own request, as seeking employment
with the employment authorities of the EU Member States
in which he establishes his residence;

(b) fulfil

the obligations laid down by the law of

that EU
Member State for persons in receipt of unemployment
benefits under that law;

(c)

competent national

forward every month to the Agency, a certificate issued by
employment
the
authority stating
fulfilled the obligations and
whether or not he has
conditions referred to in subparagraphs (a) and (b).

The allowance may be granted or maintained by the Agency,
even where the national obligations referred to under subpara-
graph (b) have not been fulfilled, in cases of illness, accident,
maternity, invalidity or a situation recognised as being similar or
where the national authority, competent to meet those obli-
gations, has given a dispensation.

The Steering Board shall lay down such provisions as it deems
necessary for applying this Article.

The unemployment allowance shall be set by reference to
3.
the basic salary attained by the former member of
the
temporary staff at the time of the termination of his service.
The allowance shall be set at:

(a) 60 % of the basic salary for an initial period of 12 months,

(b) 45 % of the basic salary for the 13th to the 24th month.

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in which the
Other than during an initial six-month period,
lower limit specified below is applicable but the upper limit is
not, the amounts thus calculated may neither be less than EUR
1 171,52 nor exceed EUR 2 343,04. These limits shall be
in
adjusted according to the same rules as those set out
Article 66 of
in accordance with
the EC Staff Regulations,
Article 65 of those Regulations.

length of service completed. However,

The period during which the unemployment allowance is
4.
payable to a former member of the temporary staff may not be
more than 24 months from the date of termination of service
and shall in no case exceed the equivalent of one third of the
actual
if, during that
period, the former member of the temporary staff ceases to
fulfil
laid down in paragraphs 1 and 2,
payment of the unemployment allowance shall be suspended.
Payment shall resume if, before the expiry of that period, the
former member of the temporary staff again fulfils the said
conditions and is not entitled to national unemployment
benefit.

the conditions

A former member of the temporary staff who is eligible for
5.
the unemployment allowance shall be entitled to the family
allowances according to the same rules as those provided for in
Article 67 of the EC Staff Regulations. The household allowance
shall be calculated on the basis of the unemployment allowance
under the conditions laid down in Article 1 of Annex V.

any
The person concerned shall be obliged to declare
the same kind paid from other sources to
allowances of
himself or to his spouse; such allowances shall be deducted
from those to be paid on the basis of this Article.

A former member of the temporary staff who is eligible for the
unemployment allowance shall be entitled, as provided for in
Article 67 to insurance cover against sickness without having to
make any contribution.

6.
The unemployment allowance and family allowances shall
be paid from the Special Unemployment Fund in euro. No
correction coefficient shall be applicable.

7. Members of the temporary staff shall contribute one third
of the financing of the unemployment insurance scheme. That
contribution shall be set at 0,81 % of the basic salary of the
person concerned after deducting a standard allowance of EUR
1 065,02 and without taking account of the correction coeffi-
cients provided for in Article 64 of the EC Staff Regulations.

The contribution shall be deducted each month from the salary
of the person concerned and paid, together with the remaining
two thirds to be borne by the Agency, into the Special Unem-
ployment Fund set up in accordance with Article 28a of the
Conditions of Employment of other servants of the Commu-
nities, as laid down in Regulation (EEC, Euratom, ECSC) No
259/68 (hereinafter referred to as ‘CEOS of the EC’). The rate
of contribution shall be reviewed and adapted as necessary by
the Agency after a period of 6 years in the light of the unem-
ployment risk of the temporary staff of the Agency.

The unemployment allowances paid to a former member
8.
of the temporary staff who is unemployed shall be subject to
the same rules as those provided for
in Regulation (EEC,
Euratom, ECSC) No 260/68.

The

national

9.
for
departments with
employment and unemployment, acting in accordance with
their national legislation, and the Agency shall cooperate with
each other in an effective manner in order to ensure that this
Article is properly applied.

responsibility

10.
The detailed arrangements for applying this Article shall
be subject to the same rules as those laid down by mutual
institutions without
agreement between the Community
prejudice to the provisions of
subparagraph of
paragraph 2.

the final

Article 71

1.
On the birth of a child to a member of temporary staff,
the person who has actual care of the child shall receive a grant
of EUR 198,31.

The same grant shall be paid to a member of temporary staff
who adopts a child who is less than five years of age and is a
dependant within the meaning of Article 2(2) of Annex V.

This grant shall also be payable in the event of termi-

2.
nation of pregnancy after not less than seven months.

The recipient of a grant on the birth of a child shall
3.
declare any grants of
the same nature received from other
sources for the same child; such grants shall be deducted
from the grant provided for above. Where both parents are
member of temporary staff of the Agency, the grant shall be
paid once only.

Article 72

In the event of the death of a member of temporary staff, a
member of temporary staff's spouse or dependent child, or any
other dependent person within the meaning of Article 2 of
temporary
Annex V who lived as part of
staff's household,
costs
the
involved in transporting the body from the member of
temporary staff's place of employment to his place of origin.

the member of
reimburse

the Agency shall

However, in the event of a member of temporary staff's death
during a mission, the Agency shall bear the costs involved in
transporting the body from the place where death occurs to the
member of temporary staff's place of origin.

Article 73

Gifts, loans or advances may be made to temporary staff during
the term of their contract or after expiry of the contract where,
as a result of serious protracted illness contracted or a disability,
or of an accident
the
member of
incapable of working and
is
proves that such illness or accident is not covered by another
social security scheme.

sustained, during his employment,

temporary staff

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S e c t i o n B

I n s u r a n c e a g a i n s t i n v a l i d i t y a n d d e a t h

In the case of invalidity deliberately brought about by the
4.
member of the temporary staff, the AACC may decide that he
should receive only the grant provided for in Article 85.

Article 74

Temporary staff members are insured in accordance with the
following provisions against the risk of death and of invalidity
occurring during their employment.

The payments and benefits provided for in this Section shall be
the
suspended if
temporary staff
is
suspended pursuant to these Staff Regulations.

the remuneration which a member of

receives in respect of his employment,

Article 75

5.
Persons entitled to an invalidity allowance shall also be
entitled to the family allowances determined in accordance with
article 59(3).
the household
In accordance with Annex V,
allowance shall be determined on the basis of the recipient's
allowance.

Article 77

Invalidity shall be established by the Invalidity Committee

1.
referred to in Article 75.

invalidity,

Where the medical examination made before a member of the
is engaged shows that he is suffering from
temporary staff
sickness or
in so far as risks
arising from such sickness or invalidity are concerned, decide
to admit him to guaranteed benefits in respect of invalidity or
death only after a period of five years from the date of his
entering the service of the Agency.

the AACC may,

The member of the temporary staff may appeal against this
decision to the Invalidity Committee that shall be established
by the Agency. Pursuant to an agreement between the Agency
and the Council of the European Union, the Agency can make
use of the Invalidity Committee of the Council.

Article 76

1.
A member of the temporary staff who is suffering from
total invalidity and who, for that reason, is obliged to suspend
employment with the Agency shall be entitled, for as long as
the invalidity lasts, to an invalidity allowance, the amount of
which shall be determined as follows.

If a member of the temporary staff, recipient of an invalidity
allowance, reaches the age of 65,
the general rules on the
severance grant shall be applied. The amount of the severance
grant shall be based on the salary for the grade and step
occupied by the servant when he became an invalid.

2.
the
The Agency may require periodic examinations of
recipient of an invalidity allowance to establish that he still
fulfils the conditions for payment of
the
Invalidity Committee finds that these conditions are no longer
fulfilled, the member of the temporary staff shall resume service
with the Agency, providing his contract has not expired.

that allowance.

If

if

it proves

However,
impossible to employ the person
concerned in the service of the Agency, the contract may be
terminated subject to payment of an amount corresponding to
the remuneration that would have been paid during the period
of notice and, where applicable, to the compensation for termi-
nation of contract provided for in Article 95. Article 85 shall
also apply.

Article 78

entitled under

The persons
the
temporary staff, as determined according to the same rules as
those laid down in Chapter 3 of Annex VI, shall be entitled to
the survivor's pension as provided for in Articles 79 to 82.

a deceased member of

Where a former member of temporary staff in receipt of an
invalidity allowance dies,
the
deceased member of temporary staff, as defined in Chapter 3
of Annex VI, shall be entitled to the survivor's pension as
provided for in that Annex.

entitled under

the persons

2.
The invalidity allowance shall be 70 % of the final basic
salary of the member of the temporary staff. However, it shall
not be less than the minimum subsistence figure, i.e. the basic
salary of an member of temporary staff of the EC at the first
step of Grade 1. The invalidity allowance shall be subject to
contributions to the pension scheme, calculated on the basis of
that allowance.

Where the whereabouts of a member of the temporary staff, or
of a former member of temporary staff in receipt of an inva-
the
lidity allowance are unknown for more than one year,
provisional pensions to his spouse and to persons recognised
as his dependants shall be determined according to the same
rules as those set out in Chapters 5 and 6 of Annex VIII to the
EC Staff Regulations.

3. Where the invalidity of the member of the temporary staff
arises from an accident in the course of or in connection with
the performance of his duties, from an occupational disease,
from a public-spirited act or from risking life and limb to
save another human being, the invalidity allowance shall not
be less than 120 % of the minimum subsistence figure. In such
cases the pension contributions shall be borne by the budget of
the Agency.

Article 79

The right to receive payment of pension shall have effect from
the first day of
in which death
the month following that
occurred or, where applicable, on the first day of the month
following the period during which the deceased's surviving
spouse, orphans or dependants receive his emoluments under
Article 59(8).

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Article 80

The surviving spouse of a member of the temporary staff shall
be entitled to a survivor's pension in accordance with Chapter 3
of Annex VI. The pension shall be not less than 35 % of the
the
final basic monthly salary received by the member of
temporary staff, nor
less than the basic salary of an EC
member of temporary staff at the first step of grade 1.

A person drawing survivor's pension shall be entitled, under the
conditions laid down in Annex V to the family allowances
the dependent child
specified in Article 59(3). However,
allowance
the
amount of
the
to twice
allowance provided for in Article 59(3)(b).

shall be

equal

Article 81

Where a member of temporary staff or person entitled to an
invalidity allowance dies
leaving no spouse entitled to a
survivor's pension,
the children dependent on the deceased
within the meaning of Article 2 of Annex V at the time of
his death shall be entitled to orphans' pension in accordance
with Article 10 of Annex VI.

The same pension entitlement shall apply to children who fulfil
the above conditions in the event of the death or remarriage of
the spouse in receipt of a survivor's pension.

to a survivor's pension, the total amount payable by way of
survivor's pension plus family allowances less tax and other
compulsory deductions
to the widow and other entitled
persons may not exceed the following:

(a)

in the event of the death of a member of temporary staff
being either on active employment,
leave on personal
grounds, leave for military service, parental leave or family
leave, the amount of the remuneration which the member
of temporary staff would have received in the same grade
and step if he had still been in the service, plus any family
allowances received by him in that case and less tax and
other compulsory deductions;

(b) for the period following the date on which the member of
temporary staff referred to in (a) above would have reached
the age of 65, the amount of the severance grant to which
he would have been entitled thereafter, had he been alive,
based on the same grade and step at the time of death, plus
any family allowances which he would have received, less
tax and other compulsory deductions;

(c)

in the event of the death of a former member of temporary
staff entitled to an invalidity allowance, the amount of the
pension to which he would have been entitled, had he been
alive, subject to the allowances and deductions referred to in
subparagraph (b).

Where a member of temporary staff or person entitled to an
invalidity allowance dies but the conditions set out in the first
paragraph are not satisfied, the dependent children within the
meaning of Article 2 of Annex V shall be entitled to orphans'
pension in accordance with Article 10 of Annex VI; the pension
the pension calculated in
to half
shall, however, be equal
accordance with that Article.

For the purposes of paragraph 1, weightings shall be
2.
disregarded, which could affect the various amounts in question.

3.
The maximum amount as defined in subparagraphs (a) to
(c) of paragraph 1 shall be apportioned among the persons
entitled to a survivor's pension in proportion to their respective
entitlements, paragraph 1 being disregarded for this purpose.

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

The second and third subparagraphs of Article 84(1) shall apply
to the amounts thus apportioned.

No orphan's pension shall be payable where a natural parent
who has been replaced by an adoptive parent dies.

Orphans
accordance with Article 3 of Annex V.

shall be entitled to an education allowance in

Article 84

1.
The pensions provided for above shall be calculated by
reference to salary scales in force on the first day of the month
in which entitlement commences.

Article 82

In the case of divorce or where there is more than one category
of survivor who qualifies to claim survivor's pension, such
pension shall be apportioned in manner provided for
in
Annex VI.

Article 83

No correction coefficient shall be applicable to pensions.

Pensions expressed in euro shall be paid in one of
currencies referred to in Article 29 of Annex VI.

the

2. Where, in accordance with Article 59, the remunerations
are adapted, the same adaptation shall be applied to pensions.

1.
Notwithstanding any other provisions, notably those
concerning the minimum amounts payable to persons entitled

The provisions of paragraphs 1 and 2 shall apply by

3.
analogy to recipients of an invalidity allowance.

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S e c t i o n C

S e v e r a n c e g r a n t

Article 85

The funding of the social security scheme provided for in
3.
Sections B and C shall be as set out in Article 89 of these Staff
Regulations and Articles 21 and 22 of Annex VI.

On leaving the service, a member of temporary staff shall be
entitled to the payment of the severance grant or the transfer of
the actuarial equivalent of his retirement pension rights in
accordance with article 1 of Annex VI.

4.
Contributions of the temporary staff and of the Agency to
the social security scheme provided for in Sections B and C
shall be entirely paid to the budget of the Agency.

Article 86

Where a member of
the temporary staff has exercised the
option provided for in Article 90, his severance grant shall be
reduced proportionately in respect of the period in which the
sums were withdrawn.

The first subparagraph shall not apply to a member of the
temporary staff who, in the three months following application
of these Staff Regulations to him, asks to be allowed to repay
such sums plus compound interest at the rate of 3,5 % per year,
which may be revised following the procedure laid down in
Article 87.

Article 87

1.
The rate for the calculation of compound interest shall be
the effective rate referred to in paragraphs 2 and 3 and shall, if
necessary, be revised on the occasion of the five-yearly actuarial
assessments.

2.
The interest rates to be taken into consideration for the
actuarial calculations shall be based on the observed average
interest rates on the long-term public debt of the EU
annual
Member States as published by the Commission of
the
European Communities. An appropriate consumer price index
shall be used to calculate the corresponding interest rate net of
inflation as needed for the actuarial calculations.

3.
The effective annual rate to be taken into consideration
for the actuarial calculations shall be the average of the real
average interest rates for the 12 years preceding the current
year.

S e c t i o n D

F u n d i n g o f t h e i n v a l i d i t y a n d l i f e a s s u r a n c e
s c h e m e a n d o f t h e p e n s i o n s c h e m e

Article 88

Benefits paid under the social security scheme provided
1.
for in Sections B and C shall be charged to the budget of the
Agency. Member States participating in the Agency shall jointly
guarantee payment of such benefits in accordance with the scale
laid down for financing such expenditure.

Salaries and invalidity allowances shall

2.
in all cases be
subject to deductions of the contribution of the social security
scheme provided for in Section B.

Article 89

Members of temporary staff shall contribute one third of the
cost of financing this pension scheme. The contribution shall be
9,25 % of the member of temporary staff's basic salary, the
weightings provided for in Article 59 not being taken into
account.
It shall be deducted monthly from the salaries of
member of temporary staff. The contribution shall be adjusted
in accordance with the same rules as those laid down in Annex
XII of the EC Staff Regulations.

Article 90

In accordance with conditions to be laid down by the Agency, a
member of the temporary staff may request the Agency to effect
any payments which he is required to make in order to
constitute or maintain pension rights in his country of origin.
The Agency may also decide to effect any payments which a
member of the temporary staff is required to make in order to
constitute or maintain pension rights in his country of origin,
even in absence of request from such member of the temporary
staff. In such case, the Agency must duly justify its decision.

Such payments shall not exceed twice the rate provided for in
Article 89 and shall be charged to the budget of the Agency.

S e c t i o n E

S e t t l e m e n t s o f c l a i m s b y t e m p o r a r y s t a f f

Article 91

The invalidity scheme or the survivor's pension scheme are set
out in Articles 19 to 23 of Annex VI.

S e c t i o n F

P a y m e n t o f b e n e f i t s

Article 92

Payment of benefits shall be made in accordance with
1.
Articles 83 and 84 of these Staff Regulations and with Article
28 of Annex VI.

2.
Any sums due from a member of the temporary staff to
the Agency under this insurance scheme at the date when the
benefits are payable shall be deducted from the amount of his
benefit or from the benefits payable to those entitled under him.
The deduction may be spread over a number of months.

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S e c t i o n G

S u b r o g a t i o n i n f a v o u r o f t h e A g e n c y

The provisions of paragraphs 1, 2 and 3 may not be a bar

4.
to direct action by the Agency.

Article 93

1. Where the death, accidental injury or sickness of a person
covered by these Staff Regulations is caused by a third party, the
in respect of the obligations incumbent upon
Agency shall,
them under
these Staff Regulations consequent upon the
event causing such death, injury or sickness, stand subrogated
to the rights, including rights of action, of the victim or of those
entitled under him against the third party.

The subrogation provided for by paragraph 1 shall extend

2.
inter alia to the following:

— continued payment of remuneration in accordance with
Article 52 to the member of temporary staff during the
period when he is temporarily unfit to work,

— payments

effected in accordance with Article 59(8)
following the death of a member of temporary staff or of
a person entitled to an invalidity allowance,

— benefits paid under Articles 67 and 68 and their imple-
menting rules, relating to insurance against sickness and
accident,

— payment of the costs involved in transporting the body, as

referred to in Article 72,

— supplementary family allowances paid in accordance with
Article 59(5) and with Article 2(3) and (5) of Annex V in
respect of a dependent child suffering from serious illness,
infirmity or handicap,

— invalidity allowances paid in the event of accident or
invalidity preventing the

sickness resulting in permanent
member of temporary staff from performing his duties,

— survivor's pensions paid in the event of the death of a
member of
temporary staff or of a former member of
temporary staff or the death of the spouse of a member
of temporary staff or of a former member of temporary staff
entitled to a pension, where the spouse is not a member of
temporary staff,

— orphan's pension paid regardless of age to the child of a
member of temporary staff or former member of temporary
staff where that child is prevented by serious
illness,
infirmity or handicap from earning a livelihood after the
death of the person on whom he was dependent.

CHAPTER 7

Recovery of overpayments

Article 94

Any sum overpaid shall be recovered if the recipient was aware
that there was no due reason for the payment or if the fact of
the overpayment was patently such that he could not have been
unaware of it.

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

CHAPTER 8

Termination of employment

Article 95

Apart from cessation on death, the employment of temporary
staff shall cease:

(a) at the end of the month in which the member of temporary

staff reaches the age of 65 years;

(b) on the date stated in the contract; or

(c) at the end of the period of notice specified in the contract
giving the member of the temporary staff or the Agency the
option to terminate earlier. The period of notice shall not be
less than one month per year of service, subject
to a
minimum of one month and a maximum of three months.

For temporary staff whose contracts have been renewed the
maximum shall be six months. The period of notice shall
not, however, commence to run during maternity leave or
sick leave, provided such sick leave does not exceed three
months. It shall, moreover, be suspended during maternity
or sick leave subject to the limits aforesaid. If the Agency
terminates the contract, the member of the temporary staff
shall be entitled to compensation equal to one third of his
basic salary for the period between the date when his duties
end and the date when his contract expires; or

3.
However, the Agency shall not be subrogated to rights of
compensation in respect of purely personal damage such as
non-material injury, damages for pain and suffering or compen-
sation for disfigurement and loss of amenity over and above the
allowance granted for those headings under Article 68.

(d) where the member of temporary staff no longer satisfies the
conditions laid down in Article 36(2), point (a), subject to
that
the possibility of authorising an exception under
provision. Should the exception not be authorised,
the
period of notice referred to in point (c) shall apply.

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Article 96

Employment may be terminated by the Agency without notice:

In such cases the AACC shall, after hearing the member of
2.
temporary staff concerned, and after the disciplinary procedure
provided for in Title V, has been followed, declare that his
employment is terminated.

(a) during or at

the end of
accordance with Article 38;

the probationary period in

Before his employment is terminated, a member of temporary
staff may be suspended in accordance with Article 160.

(b) if the member of the temporary staff is unable to resume his
duties at the end of a period of paid sick leave as provided
the
for
In such case,
to this
temporary staff shall receive an allowance equal
two
basic salary, plus family allowances at
days per month of service completed.

the member of

in Article 52.

the rate of

Article 97

1.
After the disciplinary procedure provided for in Title V
has been followed, employment may be terminated without
notice on disciplinary grounds in serious cases of intentional
or negligent failure of temporary staff to comply with their
obligations. A reasoned decision shall be taken by the AACC,
after the member of temporary staff concerned has been given
an opportunity of submitting his defence.

Before his employment
the
temporary staff may be suspended, in accordance with Article
160.

terminated, a member of

is

The provisions of Article 97(2) shall apply.

Article 99

Without prejudice to Articles 97 and 98, any intentional or
negligent failure by a member of the temporary staff or of a
to comply with his
former member of
the temporary staff
obligations under
render him
liable to disciplinary action in accordance with Title V of
these Staff Regulations.

these Staff Regulations shall

TITLE III

CONTRACT STAFF

CHAPTER 1

General provisions

Article 100

2. Where employment
paragraph 1, the AACC may decide:

is terminated in accordance with

‘contract staff’
For the purposes of
included in the list of
means staff not assigned to a post
posts appended to the budget of the Agency and engaged for
the performance of full-time or part-time duties.

these Staff Regulations,

(a)

to limit the severance grant provided for in Article 85 to
repayment of the contribution provided for in Article 88,
plus compound interest at the rate of 3,5 % per annum;

(b) to withhold in whole or in part the resettlement allowance

provided for in Article 63(2).

Article 98

1.
The employment of a member of the temporary staff shall
be terminated by the Agency without notice if the AACC finds:

(a)

that at the time of his engagement he deliberately furnished
false information concerning his professional qualifications
and experience or his ability to fulfil the requirements of
Article 36(2), and

Article 101

Contract staff shall be paid from the total appropriations

1.
for the purpose under the budget of the Agency.

The Steering Board shall

2.
specific provisions
governing the use of contract staff, as necessary, within the
framework of the Joint Action 2004/551/CFSP.

adopt

The Agency shall provide indicative yearly forecasts for
3.
the use of contract staff per function group, in the context of
the budget procedure.

(b) that

the false information furnished was a determining

factor in his being engaged.

Contract staff shall be subdivided into four

1.
function
groups corresponding to the duties to be performed. Each
function group shall be subdivided into grades and steps.

Article 102

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The types of duties and corresponding function groups

2.
shall be as shown in the following table:

(ii) a level of secondary education attested by a diploma
giving access to post secondary education, and appro-
priate professional experience of at least three years, or

Function
group

Grades

Duties

IV

III

II

I

13 to
18

Administrative, advisory, linguistic and equivalent
technical tasks, performed under the supervision
of temporary staff.

8 to 12 Executive tasks, drafting, accountancy and other
tasks, performed under the

equivalent
technical
supervision of temporary staff.

4 to 7 Clerical and secretarial tasks, office management
and other equivalent tasks, performed under the
supervision of temporary staff.

1 to 3 Manual and administrative support service tasks,
temporary
performed under the supervision of
staff.

Based on this table, the Agency shall define the powers

3.
attaching to each type of duties.

4.

Article 6 shall apply by analogy.

CHAPTER 2

Rights and obligations

Article 103

(iii) where justified in the interest of the service, professional
training or professional experience of an equivalent
level;

(c)

in function group IV:

(i) a level of education which corresponds to completed
university studies of at least three years attested by a
diploma, or

(ii) where justified in the interest of the service, professional

training of an equivalent level.

A member of the contract staff may be engaged only on

3.
condition that he:

(a)

is a national of one of the Member States participating in
the Agency and enjoys his full rights as a citizen;

(b) has fulfilled any obligations imposed on him by the laws

concerning military service;

(c) produces the appropriate character references as to his suit-

ability for the performance of his duties;

Articles 10 to 34 shall apply by analogy.

(d) is physically fit to perform his duties; and

CHAPTER 3

Conditions of engagement

Article 104

(e) produces evidence of a thorough knowledge of one of the
languages of
the European Union and of a satisfactory
knowledge of another language of the European Union to
the extent necessary for the performance of his duties.

Contract staff shall be selected on the broadest possible
1.
from among nationals of participating
geographical basis
Member States and without distinction as to racial or ethnic
origin, political, philosophical or
religious beliefs, age or
disability, gender or sexual orientation and without reference
to their marital status or family situation.

initial

In the

contract,

the AACC may waive

4.
the
requirement that the person concerned should produce docu-
mentary evidence that he fulfils the conditions in points (a), (b)
and (c) of paragraphs 2 and 3 where his engagement is for not
more than three months.

Recruitment as a member of

2.
require at least:

the contract staff shall

5.
The Steering Board shall adopt specific provisions on the
procedures for engagement of contract staff, as necessary,
within the framework of the Joint Action 2004/551/CFSP.

(a)

in function group I, successful completion of compulsory
education;

Article 105

(b) in function groups II and III:

Before being engaged, a member of the contract staff shall be
medically examined by a medical officer authorised by the
Agency in order that
the Agency may be satisfied that he
fulfils the requirements of Article 104(3)(d).

(i) a level of post-secondary education attested by a

diploma, or

Article 37 shall apply by analogy.

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Article 106

(iv)

in grade 1 for function group I.

the contract

A member of

1.
is
concluded for a duration of at least one year shall serve a
probationary period for the first six months of his period of
employment if he is in function group I and the first nine
months if he is in any other function group.

staff whose contract

staff

is prevented by sickness or accident

2. Where during his probationary period a member of the
contract
from
performing his duties for one month or more,
the AACC
may extend his probationary period by the corresponding
length of time.

3.
Not less than one month before the expiry of the proba-
tionary period, a report shall be made on the ability of the
member of the contract staff to perform the duties pertaining
to his post and also on his conduct and efficiency in the service.
The report shall be communicated to the person concerned,
who shall have the right to submit his comments in writing.
A member of the contract staff whose work has not proved
adequate to justify retention in his function shall be dismissed.
However, the AACC may, in exceptional circumstances, extend
the probationary period for a maximum of six months, and
possibly assign the member of the contract staff to another
department.

4.
A report on the probationary member of the contract staff
may be made at any time during the probationary period if his
work is proving obviously inadequate. The report shall be
communicated to the person concerned, who shall have the
right to submit his comments in writing. On the basis of the
report, the AACC may decide to dismiss the member of the
contract staff before the end of the probationary period by
giving him one month's notice.

5.
A dismissed member of the contract staff shall be entitled
to compensation equal to one third of his basic salary per
month of probation completed.

Article 107

The contracts of contract staff may be concluded for a fixed
period of at least three months and not more than four years.
They may be renewed not more than once for a fixed period of
not more than five years. The initial contract and the first
renewal must be of a total duration of not
less than six
months for function group I and not less than nine months
for the other function groups.

The grading of such contract staff within each function group
shall take account of the qualifications and experience of the
persons concerned. To address specific needs of the Agency,
labour market conditions prevailing in the European Union
may also be taken into account. Within their grade, such
contract staff shall be recruited in the first step.

2. Where a member of the contract staff moves to a new
post within a function group, he shall not be classified in a
lower grade or step than in his former post.

Where a member of such contract staff moves to a higher
function group, he shall be classified at a grade and step such
that his remuneration is at least equal to that to which he was
entitled under the preceding contract.

Article 109

The first subparagraph of Article 40 shall apply by
less

1.
analogy to contract staff engaged for a period of not
than one year.

2.
A member of the contract staff who has been at one step
in his grade for two years shall automatically advance to the
next step in that grade.

first

in the

step of

3.
In the case of contract staff, classification in the next
higher grade in the same function group shall be by decision
of the Agency. It shall be effected by classifying such contract
staff
the next higher grade. Such
advancement shall be exclusively by selection from among
contract staff with a contract of at least three years who have
completed a minimum period of two years in their grade, after
consideration of the comparative merits of such contract staff
eligible for advancement to a higher grade and of the reports on
them. When considering comparative merits, the AACC shall in
the reports on the members of
particular take account of
contract staff, the use of languages in the execution of their
duties other than the language for which they have produced
evidence of thorough knowledge in accordance with Article
104(3)(e) and, where appropriate, the level of responsibilities
exercised by them.

Article 108

1.

Contract staff shall only be recruited

4.
A member of the contract staff may change to a higher
function group only through participation in a general selection
procedure.

(i) in grades 13, 14, or 16 for function group IV,

(ii) in grades 8, 9 or 10 for function group III,

CHAPTER 4

Working conditions

Article 110

(iii) in grades 4 or 5 for function group II,

Articles 41 to 57 shall apply by analogy.

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CHAPTER 5

Remuneration and expenses

Article 111

Articles 58 to 66 shall apply by analogy, subject
amendments set out in Articles 112 and 113.

to the

Article 112

The scale of basic salaries shall be determined according to the
same scale as the one set out in Article 93 of the CEOS of the
EC.

Article 113

installation allowance
Notwithstanding Article 63(3),
provided for in paragraph 1 and the resettlement allowance
provided for in paragraph 2 of that Article, shall not be less
than:

the

— EUR 734,76 for a member of the contract staff who is

entitled to the household allowance; and

— EUR 435,62 for a member of the contract staff who is not

entitled to the household allowance.

CHAPTER 6

S e c t i o n A

S o c i a l s e c u r i t y b e n e f i t s

Article 114

Articles 67 to 69 shall apply by analogy. However, Article 67(4)
and (5) shall not apply to a member of the contract staff who
has remained in the service of the Agency until the age of 63,
unless he has been employed for more than 3 years as a
member of such staff.

Article 115

A former member of

1.
the contract staff who becomes
unemployed when his service with the Agency is terminated,
and:

(a) who is not in receipt of an invalidity allowance from the

Agency,

(b) whose service is not terminated by resignation or by cancel-

lation of the contract for disciplinary reasons,

(c) who has completed a minimum of six months' service,

(d) who is resident in an EU Member State,

shall be eligible for a monthly unemployment allowance under
the conditions laid down below.

Where he is entitled to unemployment benefits under a national
scheme, he shall be obliged to declare this to the Agency. In
such cases, the amount of those benefits shall be deducted from
the allowance paid under paragraph 3.

To be eligible for this unemployment allowance, a former

2.
member of the contract staff shall:

(a) be registered, at his own request, as seeking employment
with the employment authorities of the EU Member State in
which he establishes his residence;

(b) fulfil

the obligations laid down by the law of

that EU
Member State for persons in receipt of unemployment
benefits under that law;

(c)

competent national

forward every month to the Agency a certificate issued by
employment
the
authority stating
whether or not he has
fulfilled the obligations and
conditions referred to in subparagraphs (a) and (b).

The allowance may be granted or maintained by the Agency,
even where the national obligations referred to in subparagraph
(b) have not been fulfilled,
illness, accident,
maternity, invalidity or a situation recognised as being similar
or where the national authority, competent to meet those obli-
gations, has given a dispensation.

in cases of

The Steering Board shall lay down such provisions as it deems
necessary for applying this Article.

3.
The unemployment allowance shall be set by reference to
the basic salary attained by the former member of the contract
staff at the time of the termination of his service. The allowance
shall be set at:

(a) 60 % of the basic salary for an initial period of 12 months,

(b) 45 % of the basic salary for the 13th to the 24th month,

(c) 30 % of the basic salary for the 25th to the 36th month.

Other than during an initial six-month period,
in which the
lower limit specified below is applicable but the upper limit
is not, the amounts thus calculated may neither be less than
EUR 878,64 nor exceed EUR 1 757,28. These limits shall be
adjusted, in the same way as the salary scales set out in Article
66 of the EC Staff Regulations, according to the same rules as
those set out in Article 65 of those Regulations.

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length of service completed. However,
the former member of

The period during which the unemployment allowance is
4.
payable to a former member of the contract staff may not be
more than 36 months from the date of termination of service
and shall in no case exceed the equivalent of one third of the
if, during that
actual
period,
the contract staff ceases to
fulfil
laid down in paragraphs 1 and 2,
payment of the unemployment allowance shall be suspended.
Payment shall be resumed if, before the expiry of that period,
the former member of the contract staff again fulfils the said
conditions and is not entitled to national unemployment
benefit.

the conditions

A former member of the contract staff who is eligible for
5.
the unemployment allowance shall be entitled to the family
allowances according the same rules as those provided for in
Article 67 of the EC Staff Regulations. The household allowance
shall be calculated on the basis of the unemployment allowance
under the conditions laid down in Article 1 of Annex V of these
Staff Regulations.

any
The person concerned shall be obliged to declare
allowances of
the same kind paid from other sources to
himself or to his spouse; such allowances shall be deducted
from those to be paid on the basis of this Article.

A former member of the contract staff who is eligible for the
unemployment allowance shall be entitled, as provided for in
Article 67, which shall apply by analogy, to insurance cover
against sickness without having to make any contribution.

6.
The unemployment allowance and family allowances shall
be paid from the Special Unemployment Fund in euro. No
correction coefficient shall be applicable.

7. Members of the contract staff shall contribute one third of
insurance scheme. That
the financing of the unemployment
contribution shall be set at 0,81 % of the basic salary of the
person concerned after deducting a standard allowance of EUR
798,77 and without taking account of any correction coeffi-
cients as those provided for in Article 64 of the EC Staff Regu-
lations. The contribution shall be deducted each month from
the salary of the person concerned and paid, together with the
remaining two thirds to be borne by the Agency,
into the
Special Unemployment Fund set up in accordance with
Article 28a of the CEOS of the EC. The rate of contribution
shall be reviewed and adapted as necessary by the Council after
a period of 6 years in the light of the unemployment risk of the
contract staff of the Agency.

8.
Unemployment allowances paid to former members of the
contract staff who are unemployed shall be subject to the same
rules as those laid down in Regulation (EEC, Euratom, ECSC) No
260/68.

The

national

9.
for
departments with
employment and unemployment, acting in accordance with
their national legislation, and the Agency shall cooperate with

responsibility

each other in an effective manner in order to ensure that this
Article is properly applied.

The detailed arrangements adopted on the basis of
10.
Article 70(10) shall be applicable for this Article, without
prejudice to the provisions of
the third subparagraph of
paragraph 2 of this Article.

Article 116

Articles 71 and 72 shall apply by analogy.

Article 117

Gifts, loans or advances may be made to contract staff during
the term of their contract or after expiry of the contract where,
as a result of serious protracted illness contracted or a disability,
or of an accident
the
member of contract staff is incapable of working and proves
that such illness or accident is not covered by another social
security scheme.

sustained, during his employment,

S e c t i o n B

I n s u r a n c e a g a i n s t t h e r i s k o f i n v a l i d i t y a n d
d e a t h

Article 118

Contract staff shall be insured in accordance with the following
provisions against
the risk of death or invalidity occurring
during their employment.

The payments and benefits provided for in this Section shall be
suspended if the remuneration which a member of such staff
receives in respect of his employment is suspended under these
Staff Regulations.

Article 119

invalidity,

Where the medical examination made before a member of the
is engaged shows that he is suffering from
contract staff
sickness or
in so far as risks
arising from such sickness or invalidity are concerned, decide
to grant him guaranteed benefits in respect of
invalidity or
death only after a period of five years from the date of his
entering the service of the Agency.

the AACC may,

The contract staff member may appeal against this decision to
the Invalidity Committee provided for in Article 75 of these
Staff Regulations.

Article 120

A member of the contract staff who is suffering from total
1.
invalidity and who,
is obliged to suspend
employment with the Agency shall be entitled, for as long as
the invalidity lasts, to an invalidity allowance, the amount of
which shall be determined as follows.

for that reason,

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reaches

the age of 65,

If a member of the contract staff recipient of an invalidity
allowance,
rules on
severance grant shall be applied. The amount of the severance
grant shall be based on the salary for the grade and step
staff when he
occupied by the member of
became an invalid.

the contract

the general

Article 122

1.
staff
The persons entitled under a deceased contract
member, determined according to the same rules as those laid
down in Chapter 3 of Annex VI shall be entitled to a survivor's
pension as provided for in Articles 123 to 126.

2.
The invalidity allowance shall be 70 % of the final basic
salary of the member of the contract staff. However, it shall not
be less than the basic monthly salary of a member of the
contract staff in function group I, grade 1, step 1. The invalidity
allowance shall be subject
to contributions to the pension
scheme, calculated on the basis of that allowance.

In the event of

2.
the death of a former contract staff
the persons
member in receipt of an invalidity allowance,
entitled under the deceased former contract staff member, as
defined in Chapter 3 of Annex VI, shall be entitled to a
survivor's pension as provided for in that Annex.

3. Where the invalidity of the contract staff member arises
from an accident in the course of or in connection with the
performance of his duties, from an occupational disease, from a
public spirited act or from risking life and limb to save another
human being, the invalidity allowance shall not be less than
the basic monthly salary of a function group I,
120 % of
In such cases the
grade 1, step 1 contract staff member.
the
pension contributions shall be borne by the budget of
former employer.

4.
In the case of invalidity deliberately brought about by the
contract staff member, the AACC may decide that he should
receive only the grant provided for in Article 128.

Persons entitled to an invalidity allowance shall also be
5.
entitled to the family allowances determined in accordance with
Article 59(3),
the household
in accordance with Annex V;
allowance shall be determined on the basis of the recipient's
allowance.

Article 121

Invalidity shall be established by the Invalidity Committee

1.
provided for in Article 75.

2.
Entitlement to an invalidity allowance shall take effect on
the day following that on which the contract staff member's
employment is terminated under Articles 95 and 96, which are
applicable by analogy.

the
The Agency may require periodic examinations of
3.
recipient of an invalidity allowance to establish that he still
fulfils the conditions for payment of
the
Invalidity Committee finds that these conditions are no longer
fulfilled, the contract staff member shall resume service with the
Agency, providing his contract has not expired.

that allowance.

If

if

it proves

However,
impossible to employ the person
concerned in the service of the Agency, the contract may be
terminated subject to payment of an amount corresponding to
the remuneration that would have been paid during the period
of notice and, where applicable, to the compensation for termi-
nation of contract provided for in Article 95. Article 128 shall
also apply.

staff member

3. Where the whereabouts of a contract staff member or of a
former contract
in receipt of an invalidity
allowance, are unknown for more than one year, the provi-
sional pensions to his spouse and to persons recognised as
his dependants shall be determined according to the same
rules as those laid down in Chapters 5 and 6 of Annex VIII
to the EC Staff Regulations.

Article 123

The right to receive payment of pension shall have effect from
the first day of the month following that in which death occurs
or, where applicable, on the first day of the month following
the period during which the deceased's
surviving spouse,
orphans or dependants receive his emoluments under Article
59(8).

Article 124

The surviving spouse of a contract staff member shall be
entitled to a survivor's pension in accordance with Chapter 3
of Annex VI. The pension shall not be less than 35 % of the
final basic monthly salary received by the contract
staff
member, nor less than the basic monthly salary of contract
staff in function group I, grade 1, step 1.

A person drawing a survivor's pension shall be entitled, on the
conditions laid down in Annex V to the family allowances
the dependent child
specified in Article 59(3). However,
allowance
the
amount of
the
to twice
allowance provided for in Article 59(3)(b).

shall be

equal

Article 125

1. Where a member of contract staff or a former member of
contract staff in receipt of an invalidity allowance dies leaving
no spouse entitled to a survivor's pension, the children deemed
to be dependent on him shall be entitled to an orphan's pension
in accordance with Article 81, which shall apply by analogy.

2.
The same entitlement shall apply to children who fulfil the
foregoing conditions in the event of death or remarriage of a
spouse who is entitled to a survivor's pension.

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3. Where a member of contract staff or a former member of
contract staff in receipt of an invalidity allowance dies but the
conditions
the
provisions of the third paragraph of Article 81 shall apply by
analogy.

in paragraph 1 are not

satisfied,

set out

4.
The orphan's pension of a person treated as a dependent
child as defined in Article 2(4) of Annex V, may not exceed
twice the dependent child allowance. However, entitlement to
the pension shall cease if a third party is liable for maintenance
under the national laws applicable.

No orphan's pension shall be payable where a natural

5.
parent who has been replaced by an adoptive parent dies.

Orphans shall be entitled to an education allowance in

6.
accordance with Article 3 of Annex V.

Article 126

In the case of divorce or where there is more than one category of
survivor who qualifies to claim survivor's pension, such pension
shall be apportioned in the manner provided for in Chapter 3 of
Annex VI.

Article 127

Articles 83 and 84 shall apply by analogy.

S e c t i o n C

S e v e r a n c e g r a n t

Article 128

S e c t i o n D

F u n d i n g o f t h e i n v a l i d i t y a n d l i f e
a s s u r a n c e s c h e m e a n d o f t h e p e n s i o n
s c h e m e

Article 130

Articles 88 and 89 shall apply by analogy.

Article 131

rights,

or maintain
invalidity insurance,

In accordance with conditions to be laid down by the Agency, a
member of the contract staff may request the Agency to effect
any payments which he is required to make in order to
constitute
unemployment
pension
life insurance and sickness
insurance,
insurance in the country where he has last been covered by
such schemes. The Agency may also decide to effect any
payments which a member of the contract staff is required to
make in order to constitute or maintain pension rights in his
from such
country of origin, even in absence of
member of the contract staff. In such case, the Agency must
duly justify its decision. During the period of
these contri-
butions, the contract staff member shall not benefit from the
Agency sickness insurance scheme. Moreover, for the period
staff
corresponding
member shall not be covered by the Agency life assurance
and invalidity schemes and shall not acquire rights under the
Agency unemployment insurance and pension schemes.

contributions,

to these

contract

request

the

The actual period of such payments for any contract staff
the Agency
member shall not exceed 6 months. However,
may decide to extend this period to one year. The payments
shall be charged to the budget of the Agency. Payments to
constitute or maintain pension rights shall not exceed twice
the rate provided for in Article 89.

On leaving the service, a member of contract staff shall be
entitled to the payment of the severance grant or the transfer
of the actuarial equivalent of his retirement pension rights in
accordance with Article 1 of Annex VI.

S e c t i o n E

Article 129

1. Where a member of the contract staff has exercised the
option provided for in Article 131, the contract staff member's
severance grant shall be reduced proportionately in respect of
the period in which the sums were withdrawn.

The preceding paragraph shall not apply to a contract staff
2.
member who,
in the three months following application of
these Staff Regulations to him, asks to be allowed to repay
such sums plus compound interest at the rate of 3,5 % per
year, which may be revised following the procedure laid
down in Article 87.

S e t t l e m e n t s o f c l a i m s b y c o n t r a c t s t a f f

Article 132

The invalidity scheme or the survivor's pension scheme are set
out in Articles 19 to 23 of Annex VI.

S e c t i o n F

P a y m e n t o f b e n e f i t s

Article 133

Articles 83 and 84 of these Staff Regulations shall apply

1.
by analogy, as well as Article 29 of Annex VI.

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Any sums due from a contract staff member to the
2.
Agency under this insurance scheme at
the date when the
benefits are payable shall be deducted from the amount of his
benefit or from the benefits payable to those entitled under him.
The deduction may be spread over a number of months.

The Staff Committee shall submit to the competent bodies of
the Agency suggestions
concerning the organisation and
operation of the service and proposals for the improvement
of staff working conditions or general living conditions.

S e c t i o n G

S u b r o g a t i o n i n f a v o u r o f t h e A g e n c y

Article 134

The provisions of Article 93 shall apply by analogy in favour of
the Agency.

CHAPTER 7

Recovery of undue payment

Article 135

The provisions of Article 94 shall apply by analogy.

CHAPTER 8

Termination of employment

Article 136

Articles 95 to 99 shall apply by analogy to contract staff.

In the event of disciplinary proceedings against a contract staff
member, the Disciplinary Board referred to in Article 142 shall
meet with two additional members from the same function
group and grade as the contract staff member concerned.
These two additional members shall be appointed according
to an ad hoc procedure agreed upon by the AACC and the
Staff Committee.

TITLE IV

STAFF REPRESENTATION

Article 137

A Staff Committee

1.
modalities to be determined by the Steering Board.

shall be

formed according to

2.
The Staff Committee shall represent the interests of the
staff vis-à-vis the Agency and maintain continuous contact
between the Agency and the staff. It shall contribute to the
smooth running of the service by providing a channel for the
expression of opinion of the staff.

It shall bring to the notice of the competent bodies of the
Agency any difficulty having general
implications concerning
the interpretation and application of these Staff Regulations. It
may be consulted on any difficulty of this kind.

The Staff Committee shall participate in the management and
supervision of social welfare bodies set up by the Agency in the
interests of its staff. It may, with the consent of the Agency, set
up such welfare services.

TITLE V

DISCIPLINARY PROCEDURE

S e c t i o n A

G e n e r a l p r o v i s i o n s

Article 138

Any failure by a staff member or former staff member to
1.
comply with his obligations under these Staff Regulations,
whether intentionally or through negligence on his part, shall
make him liable to disciplinary action.

2. Where the AACC becomes aware of evidence of failure
within the meaning of paragraph 1, they may launch adminis-
trative investigations to verify whether such failure has occurred.

Article 139

to the investigation.

1. Whenever an internal investigation reveals the possibility
of the personal involvement of a staff member, or a former staff
member, that person shall rapidly be informed, provided this is
not harmful
In any event, conclusions
referring by name to a staff member may not be drawn once
the investigation has been completed without that staff member
concerned having been given the opportunity to comment on
facts concerning him. The conclusions shall make reference to
these comments.

falling within the remit of a national

2.
In cases that demand absolute secrecy for the purposes of
the
investigative
investigation and requiring the use of
judicial
procedures
authority, compliance with the obligation to invite the staff
member to comment may,
in agreement with the AACC, be
deferred.
In such cases, no disciplinary proceedings may be
opened before the staff member has been given a chance to
comment.

If,

following an internal

investigation, no case can be
3.
made against a staff member about whom allegations have
been made, the investigation in question shall be closed, with
no further action taken, by decision of the Head of the Agency,
who shall inform the staff member in writing. The staff member
may request that that decision be inserted in his personal file.

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and shall

The AACC shall inform the person concerned when the
4.
investigation ends,
to him the
conclusions of the investigation report and, on request and
subject to the protection of the legitimate interests of third
parties, all documents directly related to the allegations made
against him.

communicate

Article 140

On the basis of the investigation report, after having notified
the staff member concerned of all evidence in the files and after
hearing the staff member concerned, the AACC may:

(a) decide that no case can be made against the staff member,
in which case he shall be informed accordingly in writing;
or

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

The chairman and alternate for the chairman shall be

2.
appointed by the AACC.

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

The staff member concerned shall be entitled to reject one
4.
of
the
the Disciplinary Board members within five days of
Disciplinary Board's establishment. The Agency shall also be
entitled to reject one of the Disciplinary Board members.

Within the same time limit, Disciplinary Board members may
ask to be excused from duty for legitimate reasons and shall
withdraw if a conflict of interests exists.

Article 144

The Disciplinary Board shall be assisted by a secretary appointed
by the AACC.

(c)

in the case of failure to comply with obligations within the
meaning of Article 138:

Article 145

(i) decide to initiate the disciplinary proceedings provided

for in Section D of this Title, or

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

(ii) decide to initiate disciplinary proceedings before the

Disciplinary Board.

The deliberations and proceedings of

2.
Board shall be secret.

the Disciplinary

Article 141

A staff member who, for objective reasons, cannot be heard
under the provisions of this Title may be asked to comment
in writing or may be represented by a person of his choice.

S e c t i o n C

D i s c i p l i n a r y M e a s u r e s

Article 146

1.

The AACC may impose one of the following penalties:

S e c t i o n B

D i s c i p l i n a r y B o a r d

(a) a written warning;

Article 142

(b) a reprimand;

1.
A Disciplinary Board shall be established in the Agency.
The Disciplinary Board shall include at least one member, who
may be the chairman, chosen from the staff of the Council of
the European Union.

(c) deferment of advancement to a higher step for a period of

between one and 23 months;

2.
The Disciplinary Board shall consist of a chairman and
four full members, who may be replaced by alternates, of
least one member shall have the same function
which at
group as
to disciplinary
proceedings.

the member of

subject

staff

(d) relegation in step;

(e)

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

Article 143

(f) downgrading in the same function group;

1.
The AACC and the Staff Committee referred to in Article
137 shall each appoint two members and two alternates at the
same time.

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

downgrading;

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(h) removal from post and, where appropriate, withholding, for
a fixed period, of an amount from an invalidity allowance;
the effects of this measure shall not extend to the staff
members' dependants. In case of such reduction however,
the income of the former staff member may not be less
than the minimum subsistence figure corresponding to the
basic salary of a member of temporary staff at the first step
of grade 1, with the addition of any family allowances
payable.

2. Where the member of staff is in receipt of an invalidity
allowance, the AACC may decide to withhold an amount from
the invalidity allowance for a given period; the effects of this
measure shall not extend to the staff members' dependants. The
income of the member of staff may not, however, be less than
the minimum subsistence figure corresponding to the basic
salary of a member of
the first step of
grade 1, with the addition of any family allowances payable.

temporary staff at

A single case of misconduct shall not give rise to more

3.
than one disciplinary penalty.

Article 147

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

(a)

the nature of
which it occurred,

the misconduct and the circumstances in

member concerned shall be heard before such action is taken by
the AACC.

S e c t i o n E

D i s c i p l i n a r y p r o c e e d i n g s b e f o r e t h e
D i s c i p l i n a r y B o a r d

Article 149

1.
The AACC shall submit a report to the Disciplinary Board,
stating clearly the facts complained of and, where appropriate,
the circumstances in which they arose,
including any aggra-
vating or extenuating circumstances.

2.
The report shall be communicated to the staff member
concerned and to the chairman of the Disciplinary Board, who
shall bring it to the attention of the members of the Disci-
plinary Board.

Article 150

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

2.
The staff member concerned shall have not less than 15
days from the date of receipt of the report initiating the disci-
plinary proceedings to prepare a defence.

(b) the extent to which the misconduct adversely affects the

integrity, reputation or interests of the Agency,

The staff member concerned may be assisted by a person

3.
of his or her choice.

(c)

the extent to which the misconduct involves intentional
actions or negligence,

Article 151

(d) the motives for the misconduct of the staff member,

(e)

the grade and seniority of the staff member,

(f)

the degree of
member,

the personal

responsibility of

the staff

(g) the level of
member,

the duties and responsibilities of

the staff

If,

1.
in the presence of the Chairman of the Disciplinary
Board, the staff member concerned acknowledges misconduct
on his part and accepts unreservedly the report referred to in
Article 148 of
in
accordance with the principle of proportionality between the
nature of the misconduct and the penalty being considered,
withdraw the case from the Disciplinary Board. Where a case
is withdrawn from the Disciplinary Board, the Chairman shall
deliver an opinion on the penalty considered.

these Staff Regulations,

the AACC may,

(h) whether

the misconduct

involves

repeated action or

behaviour,

Under this procedure the AACC may, by derogation from
2.
Article 148, impose one of the penalties provided for in Article
146(1)(a) to (d).

(i)

the conduct of the staff member throughout the course of
his career.

S e c t i o n D

The staff member concerned shall be informed before
the possible consequences

3.
acknowledging his misconduct of
of such acknowledgement.

D i s c i p l i n a r y p r o c e e d i n g s n o t i n v o l v i n g t h e
D i s c i p l i n a r y B o a r d

Article 152

Article 148

The AACC may decide on the penalty of a written warning or
reprimand without consulting the Disciplinary Board. The staff

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

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Article 153

Article 157

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

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

2.
The Agency shall be represented before the Disciplinary
Board by a staff member mandated by the AACC to this effect
and having rights equivalent
the staff member
concerned.

to those of

Article 154

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

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

Article 155

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

transmit

Article 156

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

Article 158

1.
Expenses incurred on the initiative of a staff member
concerned in the course of disciplinary proceedings, and in
particular fees paid to a person chosen to assist the member
of staff or for his defence, shall be borne by the staff member
where the disciplinary proceedings result in the imposition of
one of the penalties provided for in Article 146.

2.
However, the AACC may decide otherwise in exceptional
cases where the burden on the member of staff concerned
would be unfair.

Article 159

1.
After hearing the member of staff, the AACC shall take its
decision as provided for in Articles 146 and 147 within two
months of receipt of the opinion of the Disciplinary Board.
Reasons must be given for the decision.

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

S e c t i o n F

S u s p e n s i o n

Article 160

If

the AACC accuses

1.
serious
a
misconduct, whether through a failure to honour his profes-
it
sional obligations or through an infringement of the law,
may
that
misconduct for a specified or indefinite period.

suspend the person accused of

staff member of

immediately

The AACC shall take this decision after hearing the staff

2.
member concerned, save in exceptional circumstances.

Article 161

shall

The decision suspending a staff member

1.
state
whether the staff member is to continue to receive his full
remuneration during the period of suspension or what part
thereof
is to be withheld. The amount paid to the staff
member shall not under any circumstances be less than the
minimum subsistence figure corresponding to the basic salary
of a member of temporary staff at the first step of grade 1, with
the addition of any family allowances payable.

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

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

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

its
him. The AACC shall notify the person concerned of
reasoned decision within four 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.

4.
Sums withheld under paragraph 1 shall be repaid to the staff
member if the final decision imposes a disciplinary penalty no more
severe than a written warning, reprimand or deferment of
advancement to a higher step, or if no disciplinary penalty is
imposed; in the latter case, the repayment shall be made with
compound interest at the rate defined in Article 87.

S e c t i o n G

P a r a l l e l c r i m i n a l p r o s e c u t i o n

Article 162

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

S e c t i o n H

F i n a l p r o v i s i o n s

Article 163

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

Any person to whom these Staff Regulations apply may
2.
submit
to the AACC a complaint against an act adversely
affecting him, either where the said authority has taken a
decision or where it has failed to adopt a measure prescribed
by these Staff Regulations. The complaint must be lodged
within three months. The period shall start to run:

— on the date of publication of the act if it is a measure of a

general nature;

— 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 contains a complaint against another person,
that other
the period shall start
person on the date on which he receives notification
thereof but in no case later than the date of publication;

to run in respect of

— on the date of expiry of the period prescribed for reply
decision

where
rejecting a request as provided for in paragraph 1.

an implied

complaint

concerns

the

Article 164

Where new facts supported by relevant evidence come to light,
disciplinary proceedings may be reopened by the AACC on its
own initiative or on application by the member of staff
concerned.

The AACC shall notify the person concerned of its reasoned
decision within four 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
constitute an implied decision rejecting it, against which an
appeal may be lodged under Article 169.

Article 165

If no case has been made against the staff member pursuant to
Article 159, the staff member shall be entitled to request that
the damage suffered should be made good through suitable
publicity for the decision of the AACC.

Article 166

The Steering Board shall adopt implementing arrangements for
these procedures.

TITLE VI

APPEALS

Article 167

1.
Any person to whom these Staff Regulations apply may
submit to the AACC a request that it takes a decision relating to

TITLE VII

APPEAL BOARD

Article 168

1.
An Appeal Board is created to exercise the jurisdiction in
any dispute between the Agency and any person to whom these
Staff Regulations may apply.

2.
The Appeal Board shall consist of four judges, appointed
for a period of six years by the Council of the European Union
from among candidates presented by the participating Member
States after consulting the Court of Justice of the European
Communities. However, for the first Appeal Board, two judges
shall be appointed for three years and two judges for six years.
When the Appeal Board fails to reach a majority decision, the
President shall have a casting vote.

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The judges shall elect the President of the Appeal Board
3.
from among their number for a term of three years. He may be
re-elected.

Every three years there shall be a partial replacement of

4.
the judges. Retiring judges may be reappointed.

The judges of the Appeal Board shall be independent.

5.
They may not be bound by instructions.

The judges cannot exercise other functions in the Agency

6.
during their mandate.

The Appeal Board shall appoint its Registrar and lay down

7.
the rules governing his service.

Article 169

1.

An appeal to the Appeal Board shall lie only if:

— the AACC has previously had a complaint submitted to it
to Article 167(2) within the period prescribed

pursuant
therein, and

— the complaint has been rejected by express decisions or by

implied decision.

Appeals under paragraph 1 shall be filed within three

2.
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 167(2); never-
theless, 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.

3.
By way of derogation from paragraph 1 of this Article, the
person concerned may, after submitting a complaint to the
immediately file an appeal
AACC pursuant to Article 167(2),
with the Appeal Board, provided that such appeal
is accom-
panied by an application either for a stay of execution of the
contested act or for the adoption of interim measures. The
proceedings in the principal action before the Appeal Board
shall
then be suspended until such time as an express of
implied decision rejecting the complaint is taken.

4. Within the limits and conditions set out by the rules of
procedure, the parties may be assisted by a person of his or her
choice.

5.
The Appeal Board shall establish its rules of procedure,
which need approval by the Council of the European Union in
agreement with the Court of Justice of the European Commu-
nities. The Appeal Board can amend the rules of procedure. The

amendments need the approval from the Council in agreement
with the Court of Justice.

6.
Until the entry into force of the rules of procedure of the
Appeal Board, the Rules of Procedure of the Court of First
Instance of
the European Communities shall apply mutatis
mutandis.

7.
The Appeal Board shall rule on the costs of a case. Subject
to the specific provisions of the Rules of Procedure, the unsuc-
cessful party shall be ordered to pay the costs should the
Appeal Board so decide.

TITLE VIII

FINAL PROVISIONS

Article 170

(Articles 10 to 34 and 103),

The provisions of these Staff Regulations concerning the
1.
rights and obligations
the
conditions of recruitment (Articles 36, with the exception of
2(a), to 40 and Articles 104 to 109, with the exception of
Article 104(3)(a), the working conditions (Articles 41 to 57
and Article 110), the termination of employment (Article 95
to 99 and Article 136) and the disciplinary procedure (Articles
138 to 166), may be amended, to the extent necessary, by the
Steering Board of the Agency, acting in accordance with Article
Joint Action
9(1)(1.10)
2004/551/CFSD. Any such proposed amendments shall be
transmitted to the Council. These amendments
shall be
deemed approved, unless the Council, within two months and
acting by qualified majority, shall decide to modify them.

and Article 11(3)(3.1) of

the

Amendments to other provisions of

2.
these Staff Regu-
lations, in particular those concerning remuneration, allowances
and social security benefits, shall be adopted by the Council,
acting by unanimity, upon proposal from the Steering Board.

Article 171

Within three years after the entry into force of these Staff
Regulations or upon the entry into force of the Treaty estab-
lishing a Constitution for Europe, whichever is the earliest, the
Council of the European Union shall evaluate and amend these
Staff Regulations or take a decision on its expiration, as appro-
priate.

Article 172

This Decision shall take effect on the day of its publication in
the Official Journal of the European Union.

Done at Brussels, 24 September 2004.

For the Council
The President

L. J. BRINKHORST

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ANNEX I

STATUTE OF THE MEMBERS OF THE APPEAL BOARD

Article 1

Members of the Appeal Board shall be chosen from persons whose independence is beyond doubt and who are
jurisconsults of recognised competence, particularly in the field of the rights and obligations of the civil service. The
choice of judges must respect the geographic and demographic diversity of the Member States participating in the Agency
as well as the diversity of their legal systems.

Apart from the normal expiry of terms of office or death, the duties of members of the Appeal Board shall end when they
resign. Where a member of the Appeal Board resigns, his letter of resignation shall be addressed to the Chairman of the
Appeal Board for transmission to the Head of the Agency. Upon this notification, a vacancy shall arise on the Appeal
Board.

Article 2

A member of the Appeal Board who is to replace a member whose term of office has not expired shall be appointed for
the remainder of his predecessor's term.

Article 3

When taking up their duties, members of the Appeals Board shall give a solemn undertaking, in public session, that they
will perform their duties impartially and conscientiously and preserve the secrecy of their deliberations.

Article 4

Members of the Appeal Board shall be immune from legal proceedings in respect of acts performed by them in their
official capacity. They shall continue to enjoy immunity after they have ceased to hold office.

Article 5

The Council of the European Union, acting by a qualified majority, shall determine the emoluments of the members of
the Appeal Board.

Article 6

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ANNEX II

PART-TIME WORK

Article 1

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

Authorisation may be granted for a minimum of one month and a maximum of three years, without prejudice to the
cases referred to in Article 16 and Article 44(2)(e) of the Staff Regulations.

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

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

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

Article 2

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

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

Article 3

Contributions to the sickness insurance scheme shall be calculated by reference to the basic salary payable to a staff
member working full time. Contributions to the pension scheme shall be calculated by reference to the basic salary
received by a staff member working part time. The staff member may also request that contributions to the pension
scheme be calculated by reference to the basic salary payable to a staff member working full time, in accordance with
Article 89 of the Staff Regulations. Acquired rights, for the purposes of Article 1 of Annex VI, shall be calculated in
proportion to the percentage of contributions paid.

During the period of part-time work, the staff member may not work overtime or engage in any gainful activity, other
than an activity in accordance with Article 16 of the Staff Regulations.

The AACC may lay down detailed rules for the application of these provisions.

Article 4

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ANNEX III

LEAVE

S e c t i o n 1

Annual leave

Article 1

In the year in which a staff member enters or leaves the service, he shall be entitled to two working days' leave per
complete month of service, to two working days for an incomplete month consisting of more than 15 days and to one
working day for an incomplete month of 15 days or less.

Article 2

leave may be taken all at once or in several periods as desired by the staff member and according to the
Annual
requirements of the service. It must, however, include at least one period of two consecutive weeks. A staff member
entering the service shall be granted annual leave only after completing three months' duty; leave may be approved earlier
than this in exceptional cases for reasons duly substantiated.

If, during annual leave, a staff member contracts an illness which would have prevented him from attending for duty if he
had not been on leave, his annual leave shall be extended by the duration of his incapacity, subject to production of a
medical certificate.

Article 3

Article 4

Where a staff member, for reasons other than the requirements of the service, has not used up all his annual leave before
the end of the current calendar year, the amount of leave which may be carried over to the following year shall not
exceed 12 days.

Where a staff member at the time of leaving the service has not used up all his annual
leave, he shall be paid
compensation equal to one thirtieth of his monthly remuneration at the time of leaving the service for each day's
leave due to him.

A sum calculated in the manner provided for in the second subparagraph shall be deducted from payment due to a staff
member who at the time of leaving the service has drawn annual leave in excess of his entitlement up to that date.

Where a staff member is recalled to duty for service reasons while on annual leave or has had his leave cancelled, any
costs incurred by him shall be reimbursed, subject to production of appropriate evidence, and travelling time shall be
granted afresh.

Article 5

S e c t i o n 2

Special leave

Article 6

In addition to annual leave, a staff member may, on application, be granted special leave. In particular, in the following
cases special leave shall be granted as shown:

— marriage of the staff member: four days;

— change of residence of the staff member: up to two days;

— serious illness of spouse: up to three days;

— death of spouse: four days;

— serious illness of a relative in the ascending line: up to two days;

— death of a relative in the ascending line: two days;

— marriage of a child: two days;

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

— death of the wife during maternity leave: a number of days corresponding to the remaining maternity leave; if the
deceased wife is not a staff member, the remaining maternity leave is determined by applying the provisions of Article
51 of the Staff Regulations, by analogy;

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— serious illness of a child: up to two days;

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

— death of a child: four days;

— adoption of a child: 20 weeks, rising to 24 weeks in the case of the adoption of a disabled child.

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

The AACC may, in case of necessity, grant additional special leave in cases where the national legislation of the country in
which the adoption procedure takes place and which is not the country of employment of the adopting staff member
requires a stay of one or both adoptive parents.

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

The Agency may also grant special leave in the case of further training and instruction, within the limits laid down in the
further training and instruction programme drawn up by the Agency pursuant to Article 29 of the Staff Regulations.

For the purposes of this Article, the unmarried partner of a staff member shall be treated as the spouse where the first
three conditions in Article 1(2)(c) of Annex V are met.

S e c t i o n 3

Travelling time

Article 7

To the period of leave provided for in Section 1 shall be added travelling time based on the distance by rail between the
place of leave and the place of employment, calculated as follows:

— 50 to 250 km: one day for the outward-and-return journey,

— 251 to 600 km: two days for the outward-and-return journey,

— 601 to 900 km: three days for the outward-and-return journey,

— 901 to 1 400 km: four days for the outward-and-return journey,

— 1 401 to 2 000 km: five days for the outward-and-return journey,

— more than 2 000 km: six days for the outward-and-return journey.

For the purpose of this Article, the place of leave in respect of annual leave shall be the place of origin.

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

Where special leave is granted in pursuance to Section 2, any travelling time shall be fixed by special decision taking into
account particular needs.

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COMPENSATORY LEAVE AND REMUNERATION FOR OVERTIME

ANNEX IV

Article 1

Within the limits laid down in Article 47 of the Staff Regulations, overtime worked by a staff member in grade AST 1 to
AST 4 shall entitle him to compensatory leave or to remuneration as follows:

(a) For each hour of overtime, he shall be entitled to one hour and a half off as compensatory leave; if the hour of
overtime is worked between 22.00 and 7.00 or on a Sunday or on a public holiday, the entitlement to compensatory
leave shall be two hours; in the granting of compensatory leave, account shall be taken of the requirements of the
service and the preference of the staff member concerned.

(b) Where the requirements of the service do not permit compensatory leave to be taken during the month following
that during which the overtime was worked, the AACC shall authorise remuneration for uncompensated hours of
overtime at the rate of 0,56 % of the monthly basic salary for each hour of overtime on the basis set out in (a).

(c) To qualify for compensatory leave or remuneration for one hour's overtime, the extra time worked must have been

more than 30 minutes.

Article 2

If a staff member is travelling on mission, the time taken to reach the place of assignment shall not be treated as overtime
for the purposes of this Annex. As regards hours worked at the place of assignment in excess of the normal number of
working hours, compensatory leave or remuneration, as the case may be, may be allowed by decision of the AACC.

Notwithstanding Articles 1 and 2, remuneration for overtime worked by certain groups of staff members in grade AST 1
to AST 4 in special conditions may be paid in the form of a fixed allowance the amount and terms of which shall be
determined by the AACC after consulting the Staff Committee.

Article 3

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ANNEX V

REMUNERATION AND REIMBURSEMENT OF EXPENSES

S e c t i o n 1

Family allowances

Article 1

1.

The household allowance shall be set at a basic amount of EUR 149,39, plus 2 % of a staff member's basic salary.

2.

The household allowance shall be granted to:

(a) a married staff member;

(b) a staff member who is widowed, divorced, legally separated or unmarried and has one or more dependent children

within the meaning of Article 2(2) and (3);

(c) a staff member who is registered as a stable non-marital partner, provided that:

(i)

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

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

(iii) the partners are not related in any of the following ways: parent, child, grandparent, grandchild, brother, sister,

aunt, uncle, nephew, niece, son-in-law, daughter-in-law;

(iv) the couple has no access to legal marriage in an EU Member State; a couple shall be considered to have access to
legal marriage for the purposes of this point only where the members of the couple meet all the conditions laid
down by the legislation of an EU Member State permitting marriage of such a couple.

(d) by special reasoned decision of the AACC based on supporting documents, a staff member who, while not fulfilling
the conditions laid down in subparagraphs (a), (b) and (c), nevertheless actually assumes family responsibilities.

3.
If the spouse of a staff member is gainfully employed, with an annual income before deduction of tax, of more than
the basic annual salary of a staff member in the second step of grade 3, weighted at the rate for the country where the
spouse carries out his or her occupation, the staff member entitled to the household allowance shall not receive this
allowance save by special decision of the AACC. The staff member shall, however, be entitled to the allowance where the
married couple have one or more dependent children.

4.
In cases where, under paragraphs 1, 2 and 3, a husband and wife employed in the service of the Agency are both
entitled to the household allowance, this allowance shall be payable only to the person whose basic salary is the higher.

5.
If the staff member is entitled to the household allowance only by virtue of paragraph 2(b) and a person other than
the staff member has by law or by an order of court or of the competent administrative authority been given custody of
all his dependent children within the meaning of Articles 2(2) and (3), the household allowance shall be paid to that other
person in the name and on behalf of the staff member. This condition shall be deemed to be fulfilled in the case of
dependent children who have reached their majority if such children have their normal residence with the other parent.

If, however, the staff member's children are in the care of several different persons, the household allowance shall be
divided among them according to the number of children in their care.

If the person eligible by virtue of the foregoing to receive the household allowance paid in the staff member's name is
also eligible to receive this allowance by reason of his or her own status as staff member, that person shall receive the
higher of the two allowances only.

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A staff member who has one or more dependent children shall, in accordance with paragraphs 2 and 3, receive an

1.
allowance of EUR 326,44 per month for each dependent child.

Article 2

“Dependent child” means the legitimate, natural or adopted child of a staff member, or of his spouse, who is actually

2.
being maintained by the staff member.

The same shall apply to a child for whom an application for adoption has been lodged and the adoption procedure
started.

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

3.

The allowance shall be granted:

(a) automatically for children under 18 years of age;

(b) on application, with supporting evidence, by the staff member for children between 18 and 26 who are receiving

educational or vocational training.

Any person whom the staff member has a legal responsibility to maintain and whose maintenance involves heavy
4.
expenditure may, exceptionally, be treated as if he were a dependent child by special reasoned decision of the AACC,
based on supporting documents.

Payment of the allowance in respect of a child prevented by serious illness or invalidity from earning a livelihood

5.
shall continue throughout the period of that illness or invalidity, irrespective of age.

Not more than one dependent child allowance shall be paid in respect of any one dependent child within the

6.
meaning of this Article.

7.
If custody of the dependent child within the meaning of paragraphs 2 and 3 has been entrusted by law or by an
order of court or of the competent administrative authority to another person, the dependent child allowance shall be
paid to that person in the name and on behalf of the staff member.

Article 3

Subject to the conditions laid down in the general

1.
implementing provisions, a staff member shall receive an
education allowance equal to the actual education costs incurred by him up to a maximum of EUR 221,50 per
month for each dependent child, within the meaning of Article 2(2) of this Annex, who is at least five years old and
in regular full-time attendance at a primary or secondary school which charges fees or at an establishment of higher
education. The requirement of attendance at a school which charges fees shall not apply to the reimbursement of the cost
of school transport.

Entitlement to this allowance commences on the first day of the month in which the child begins to attend a primary
educational establishment and shall cease at the end of the month in which the child reaches the age of 26.

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

— a staff member whose place of employment is at least 50 km from, either:

a European school, or

an educational establishment working in his language which the child attends for imperative educational reasons duly
supported by evidence;

— a staff member whose place of employment is at least 50 km from an establishment of higher education in the
country of which he is a national or working in his language, provided that the child actually attends an establishment
of higher education at least 50 km from the place of employment and the staff member is entitled to the expatriation
allowance; the latter condition shall not apply if there is no such establishment in the country of which the staff
member is a national or where the child attends a higher education establishment in a country other than that of the
staff member's place of employment;

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— in the same condition as in the first and second indents, persons entitled to the allowance who are not in active

service, taking account of the place of residence instead of the place of employment.

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

If custody of the child in respect of whom the education allowance is paid has been entrusted by law or by an order of
court or of the competent administrative authority to another person, the education allowance shall be paid to that
person in the name and on behalf of the staff member. In such case, the distance of at least 50 km referred to in the third
subparagraph shall be calculated from the place of residence of the person having custody of the child.

2.
For each dependent child within the meaning of Article 2(2) who is less than five years old or is not yet in regular
full-time attendance at a primary or secondary school, the amount of this allowance is fixed at EUR 79,74 a month. The
first sentence of the last subparagraph of paragraph 1 shall apply.

S e c t i o n 2

Expatriation allowance

Article 4

An expatriation allowance shall be paid, equal to 16 % of the total amount of the basic salary plus household

1.
allowance and the dependent child allowance paid to the staff member:

(a)

to staff members:

— who are not and have never been nationals of the State in whose territory the place where they are employed is

situated, and

— who during the five years ending six months before they entered the service did not habitually reside or carry on
their main occupation within the European territory of that State. For the purposes of this provision, circum-
stances arising from work done for another State or for an international organization shall not be taken into
account;

(b) to staff members who are or have been nationals of the State in whose territory the place where they are employed is
situated but who during the 10 years ending at the date of their entering the service habitually resided outside the
European territory of that State for reasons other than the performance of duties in the service of a State or of an
international organisation.

The expatriation allowance shall not be less than EUR 442,78 per month.

2.
A staff member who is not and has never been a national of the State in whose territory he is employed and who
does not fulfil the conditions laid down in paragraph 1 shall be entitled to a foreign residence allowance equal to one
quarter of the expatriation allowance.

3.
For the purposes of paragraphs 1 and 2, a staff member who has, by marriage, automatically acquired, without the
possibility of renouncing it, the nationality of the State in whose territory his or her place of employment is situated, shall
be treated in the same way as a staff member covered by the first indent of paragraph 1(a).

S e c t i o n 3

Reimbursement of expenses

A. INSTALLATION ALLOWANCE

Article 5

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

In cases where a husband and wife who are staff members are both entitled to the installation allowance, this shall be
payable only to the person whose basic salary is the higher.

The installation allowance shall be weighted at the rate fixed for the place where the staff member is employed.

2.
An installation allowance of the same amount shall be paid to any staff member who is transferred to a new place
of employment and is thereby obliged to change his place of residence in order to comply with Article 22 of the Staff
Regulations.

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The installation allowance shall be calculated by reference to the staff member's marital status and salary either on

3.
the effective date of his establishment or on the date of his transfer to a new place of employment.

The installation allowance shall be paid on production of documents establishing the fact that the staff member, together
with his family if he is entitled to the household allowance, has settled at the place where he is employed.

4.
A staff member who is entitled to the household allowance and does not settle with his family at the place where he
is employed shall receive only half the allowance to which he would otherwise be entitled; the second half shall be paid
when his family settles at the place where he is employed, provided that it does so within the periods laid down in Article
9(3). Where the staff member is transferred to the place where his family resides before his family has settled at the place
where he is employed, he shall not thereby be entitled to an installation advance.

5.
An established staff member who has received an installation allowance and who voluntarily leaves the service of
the Agency within two years from the date of entering it shall, on leaving the service, refund part of the allowance, in
proportion to the unexpired portion of that two-year period.

A staff member in receipt of installation allowance shall declare any allowance of like nature which he receives from

6.
other sources; such latter allowances shall be deducted from the allowance provided for in this Article.

B. RESETTLEMENT ALLOWANCE

Article 6

An established staff member who provides evidence of a change of residence shall be entitled on termination of
1.
service to a resettlement allowance equal to two months' basic salary in the case of a staff member who is entitled to the
household allowance or to one month's basic salary in other cases, provided that he has completed four years of the
service and does not receive a similar allowance in his new employment. In cases where a husband and wife who are staff
members are both entitled to the resettlement allowance, this allowance shall be payable only to the person whose basic
salary is the higher.

For the purpose of calculating his service, account shall be taken of years spent in active employment, leave for military
service and parental leave or family leave.

The resettlement allowance shall be weighted at the rate fixed for the place where the staff member was last employed.

2.
In the event of the death of an established staff member, the resettlement allowance shall be paid to the surviving
spouse or, in the absence of such a person, to the dependants within the meaning of Article 2, even if the requirement as
to length of service laid down in paragraph 1 of this Article is not satisfied.

The resettlement allowance shall be calculated by reference to the staff member's marital status and salary at the

3.
date of termination of service.

4.
The resettlement allowance shall be paid against evidence that the staff member and his family, or, where the staff
member has died, his family only, have resettled at a place situated not less than 70 km from the place where the staff
member was employed.

Resettlement of a staff member or of the family of a deceased staff member shall take place within three years of the date
of termination of his service.

This time-limit shall not apply as against persons entitled under him who can prove that they were unaware of the
foregoing provisions.

C. TRAVEL EXPENSES

Article 7

A staff member shall be entitled to reimbursement of travel expenses for himself, his spouse and his dependants

1.
actually living in his household:

(a) on taking up his appointment, from the place where he was recruited to the place where he is employed;

(b) on termination of service within the meaning of Article 95 of the Staff Regulations, from the place where he is

employed to the place of origin as defined in paragraph 3 of this Article;

(c) on any transfer involving a change in the place where he is employed.

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In the event of the death of a staff member, the surviving spouse and dependants shall be entitled to reimbursement of
travel expenses under the same conditions.

Travel expenses shall also include the cost of seat reservations, transport of luggage and, where applicable, hotel expenses
necessarily incurred.

The basis for calculating the reimbursement shall be the first-class rail fare on the shortest and most economical

2.
habitual route by rail between the place of employment and the place of recruitment or origin.

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

3.
A staff member's place of origin shall be determined when he takes up his appointment, account being taken of
where he was recruited or the centre of his interests. The place of origin as so determined may by special decision of the
AACC be changed while the staff member is in service or when he leaves the service. While he is in the service, however,
such decision shall be taken only exceptionally and on production by the staff member of appropriate supporting
evidence.

The effect of such a change shall not, however, be such as to recognise as the centre of the staff member's interests, a
place outside the territories of the EU Member States or of the countries and territories listed in Annex II to the Treaty
establishing the European Community.

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

Article 8

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

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

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

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

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

The kilometric allowance shall be:

EUR 0, for every km from 0 to 200 km

EUR 0,3320, for every km from 201 to 1 000 km

EUR 0,5533, for every km from 1 001 to 2 000 km

EUR 0,3320, for every km from 2 001 to 3 000 km

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EUR 0,1106, for every km from 3 001 to 4 000 km

EUR 0,0532, for every km from 4 001 to 10 000 km

EUR 0, for every km over 10 000 km.

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

EUR 166, if the distance by train between the place of employment and the place of origin is between 725 km and 1 450
km,

EUR 331,99, if the distance by train between the place of employment and the place of origin is greater than 1 450 km.

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

3.
A staff member whose service is terminated in the course of a calendar year for any reason other than death or who
is on leave on personal grounds during part of the year shall, if he is in active employment in the service of the Agency
for less than nine months of that year, be entitled only to part of the payment provided for in paragraph 1, calculated in
proportion to the time spent in active employment.

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

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

D. REMOVAL EXPENSES

Article 9

1.
The expenses incurred in respect of removal of furniture and personal effects, including the cost of insurance against
ordinary risks (breakage, theft, fire), shall be reimbursed to a staff member who is obliged to change his place of residence
in order to comply with Article 22 of the Staff Regulations and who has not been reimbursed in respect of the same
expenses from another source. Such reimbursement shall not exceed the amount of an estimate approved in advance. Not
less than two estimates shall be submitted to the appropriate departments of the Agency, which may, if they consider the
estimates to be excessive, select another removal firm. In the latter case, entitlement to reimbursement may be limited to
the amount of that firm's estimate.

On termination of service or on the death of a staff member, the expenses incurred in respect of removal from the

2.
place where he was employed to his place of origin shall be reimbursed.

Where the deceased staff member was unmarried, the expenses shall be reimbursed to those entitled under him.

In the case of an established staff member, removal shall be effected within one year of the end of his probationary

3.
period.

On termination of service, removal shall be effected within three years as provided in the second subparagraph of Article
6(4).

Removal expenses arising after the expiry of the time-limits set out above shall be reimbursed only in exceptional cases by
special decision of the AACC.

E. DAILY SUBSISTENCE ALLOWANCE

Article 10

1. Where a staff member furnishes evidence that a change in the place of residence is required in order to comply with
Article 22 of the Staff Regulations, such staff member shall be entitled for a period specified in paragraph 2 of this Article
to a subsistence allowance per calendar day as follows:

Staff member entitled to receive household allowance: EUR 34,31.

Staff member not entitled to receive household allowance: EUR 27,67.

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The above scale shall be reviewed each time remuneration are revised pursuant to Article 59 of the Staff Regulations.

2.

The period in respect of which the daily subsistence allowance is granted shall be as follows:

(a)

in the case of a staff member who is not entitled to the household allowance: 120 days;

(b) in the case of a staff member who is entitled to the household allowance: 180 days or, if the staff member is a

probationer, the period of probation plus one month.

In cases where a husband and wife who are staff members are both entitled to the basic subsistence allowance, the period
in respect of which it is granted as laid down in subparagraph (b) shall apply to the person whose basic salary is the
higher. The period laid down in subparagraph (a) shall apply to the other person.

In no case shall the daily subsistence allowance be granted beyond the date on which the staff member removes in order
to satisfy the requirements of Article 22 of the Staff Regulations.

F. MISSION EXPENSES

Article 11

A staff member travelling on mission and holding an appropriate travel order shall be entitled to reimbursement of

1.
travel expenses and to daily subsistence allowance in accordance with the following provisions.

The travel order shall state the probable duration of the mission, on the basis of which shall be calculated any
2.
advance which the staff member may draw against the daily subsistence allowance. Save where a special decision is taken,
no advance shall be payable where the mission is not expected to involve an absence of more than 24 hours and is to be
carried out in a country using the same currency as that used in the place where the staff member is employed.

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

1. Travel by rail

Article 12

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

2. Travel by air

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

3. Travel by sea

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

4. Travel by car

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

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

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

Article 13

2.

(a) The scale for the EU Member States is as follows:

Destinations

Daily allowance

Hotel Ceiling

(in euro)

Belgium

Czech Republic

Denmark

Germany

Estonia

Greece

Spain

France

Ireland

Italy

Cyprus

Latvia

Lithuania

Luxembourg

Hungary

Malta

Netherlands

Austria

Poland

Portugal

Slovenia

Slovakia

Finland

Sweden

United Kingdom

84,06

55,00

91,70

74,14

70,00

66,04

68,89

72,58

80,94

60,34

50,00

85,00

80,00

82,00

50,00

60,00

78,26

74,47

60,00

68,91

60,00

50,00

92,34

92,91

86,89

117,08

175,00

148,07

97,03

120,00

99,63

126,57

97,27

139,32

114,33

110,00

165,00

170,00

106,92

165,00

115,00

131,76

128,58

210,00

124,89

110,00

125,00

140,98

141,77

149,03

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

(b) The scale for missions in countries outside the European territory of the EU Member States shall be fixed and

adjusted periodically by the AACC.

The rates set out in paragraph 2(a) shall be reviewed every two years on basis of the review taking place pursuant to

3.
Article 13(3) of Annex VII to the EC Staff Regulations.

Detailed rules for the application of Articles 11, 12 and 13 shall be laid down by the Agency.

Article 14

G. FIXED REIMBURSEMENT OF EXPENSES

Article 15

Staff members who, by reason of their duties, regularly incur entertainment expenses may be granted a fixed rate

1.
allowance by the AACC, which shall determine the amount thereof.

In special cases, the AACC may in addition decide that part of the cost of accommodation for the staff member
concerned also be borne by the Agency.

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In the case of staff members who, as a result of special instructions, occasionally incur entertainment expenses for
2.
official purposes, the amount of the entertainment allowance shall be determined in each instance on the basis of
supporting documents and on terms to be laid down by the AACC.

By decision of the AACC, senior management staff (Director-General or their equivalent in grade AD16 or AD15 and
Directors or their equivalent in grade AD15 or AD14) who do not have an official car at their disposal may receive a
fixed allowance, not exceeding EUR 892,42 a year to cover normal travel within the boundaries of the town where they
are employed.

Article 16

The allowance may, by reasoned decision of the AACC, be granted to a staff member whose duties constantly require him
to make journeys for which he is authorised to use his own car.

S e c t i o n 4

Payment of sums due

Article 17

Payment of remuneration to staff members shall be made on the 15th day of each month for the month then

1.
current. The amount of remuneration shall be rounded off to the nearest cent above.

2. Where remuneration is not due in respect of a complete month, the amount shall be divided into thirtieths, and

(a) where the actual number of days payable is 15 or less, the number of thirtieths due shall equal the actual number of

days payable;

(b) where the actual number of days payable is more than 15, the number of thirtieths due shall equal the difference

between the actual number of days not payable and 30.

3. Where entitlement to family allowances and expatriation allowances commences after the date of entering the
service, the staff member shall receive these from the first day of the month in which such entitlement commences. On
cessation of such entitlement, the staff member shall receive the sum due up to the last day of the month in which
entitlement ceases.

Payment shall be made to each staff member at the place and in the currency of the country where he carries out

1.
his duties.

Article 18

2.
In the same conditions as those laid down in rules fixed by the Community institutions pursuant to Article 17(2) of
Annex VII to the EC Staff Regulations, staff members may regularly have part of their remuneration transferred by the
Agency to another EU Member State.

Under the first sentence of this paragraph the following may be transferred, separately or in combination:

(a)

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

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

The transfers referred to in point (b) may not exceed 5 % of the staff member's basic salary.

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

4.
Apart from the transfers referred to in paragraphs 1 to 3, a staff member may request a regular transfer to another
EU Member State at the monthly exchange rate, without application of any coefficient. This transfer may not exceed 25 %
of the staff member's basic salary.

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ANNEX VI

SEVERANCE GRANT AND PENSION

CHAPTER 1

Severance grant

Article 1

A staff member whose service terminates otherwise than by reason of death or invalidity shall be entitled on leaving

1.
the service:

(a) where he has completed less than one year's service, to payment of a severance grant equal to three times the
amounts withheld from his basic salary in respect of his pension contributions, after deduction of any amounts paid
under Articles 90 and 131 of the Staff Regulations;

(b) in other cases, he shall be entitled:

— to have the actuarial equivalent of his retirement pension rights, updated to the actual date of transfer, in the
Agency transferred to the pension fund of an administration or organisation or to the pension fund under which
he acquires retirement pension rights by virtue of the activity pursued in an employed or self-employed capacity,
or

— to the payment of the actuarial equivalent of such benefits to a private insurance company or pension fund of

their choice, on condition such company or fund guarantees that:

(i)

the capital will not be repaid;

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

(iii) provisions are included for reversion or survivors' pensions;

(iv) transfer to another insurance company or other fund will be authorised only if such fund fulfils the

conditions laid down in points (i), (ii) and (iii).

2. Where a staff member's service has been terminated by removal from his post, the severance grant to be paid or, as
the case may be, the actuarial equivalent to be transferred shall be determined by reference to the decision taken in
accordance with Article 146 of the Staff Regulations.

CHAPTER 2

Invalidity Allowance

Article 2

1.
Subject to the provisions of Article 75 of the Staff Regulations, a staff member aged less than 65 years who at any
time during the period in which he is acquiring pension rights is recognised by the Invalidity Committee to be suffering
from total permanent invalidity preventing him from performing the duties corresponding to a post in his career bracket,
and who is obliged on these grounds to end his service with the Agency shall be entitled, for so long as such incapacity
persists, to invalidity allowance as provided for in Article 76 of the Staff Regulations.

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

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

While a former staff member drawing invalidity allowance is aged less than 63 years, the Agency may have him medically
examined periodically to ascertain that he still satisfies the requirements for payment of the allowance.

Article 3

CHAPTER 3

Survivor's pension

Article 4

Where a staff member dies being on active employment, leave on personal grounds, leave for military service, parental
leave or family leave, the surviving spouse shall be entitled, provided that the couple were married for at least one year at
the time of his death and subject to the provisions of Article 75 of the Staff Regulations and Article 11 of this Annex, to
the survivor's pension equal to 60 % of the retirement pension rights acquired for the staff member at the time of death.

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The duration of the marriage shall not be taken into account if there are one or more children of the marriage or of a
previous marriage of the staff member, provided that the surviving spouse maintains or has maintained those children, or
if the staff member's death resulted either from physical disability or sickness contracted in the performance of his duties
or from accident.

Where a former staff member was in receipt of invalidity allowance the surviving spouse shall be entitled, subject to the
provisions of Article 8, provided that the couple were married when the staff member became eligible for the allowance,
to a survivor's pension equal to 60 % of the invalidity allowance which the spouse was receiving at the time of death.

Article 5

The minimum survivor's pension shall be 35 % of the final basic salary; the amount of the survivor's pension shall in no
case, however, exceed the amount of the invalidity allowance which the spouse was receiving at the time of death.

For purpose of Articles 4 and 5, the duration of the marriage shall not be taken into account where the marriage, though
contracted after termination of the staff member's service, has lasted at least five years.

Article 6

1.
The orphan's pension provided for in Article 81, first, second and third subparagraphs of the Staff Regulations shall
for the first orphan be equal to eight tenths of the survivor's pension to which the surviving spouse of a staff member or
former staff member in receipt of an invalidity allowance would have been entitled, the reductions set out in Article 10 of
this Annex, being disregarded.

Article 7

It shall not be less than the minimum subsistence figure, subject to the provisions of Article 8.

The pension shall be increased, for each dependent child after the first, by an amount equal to twice the dependent

2.
child allowance.

Orphans shall be entitled to education allowance in accordance with Article 3 of Annex V.

The total amount of pension and allowance calculated in this way shall be divided equally among the orphans

3.
entitled.

Where a staff member leaves a surviving spouse and also orphans of a previous marriage or other persons entitled under
him, the total pension, calculated as if for a surviving spouse having all these persons dependent on him, shall be
apportioned among the various persons concerned in proportion to the pensions which would have been payable to each
category of them if treated separately.

Article 8

Where a staff member leaves orphans of different marriages, the total pension, calculated as though all the children were
of the same marriage, shall be apportioned among the various persons concerned in proportion to the pensions which
would have been payable to each category of them if treated separately.

For the purposes of calculating this apportionment, children of a previous marriage of either spouse, who are recognised
as dependants within the meaning of Article 2 of Annex V shall be included in the category of children of the marriage to
the staff member or former staff member in receipt of an invalidity allowance.

In the case envisaged in the second paragraph of this Article, ascendants who are recognised as being dependants as
provided for in Article 2 of Annex V shall be treated in the same way as dependent children and, for the purpose of
calculating the apportionment, included in the category of descendants.

Article 9

The right to receive payment of survivor's pension shall have effect from the first day of the calendar month following
that in which the staff member or former staff member in receipt of an invalidity allowance died. However, where the
payment provided for in Article 59(8) of the Staff Regulations is made on the death of the staff member or of the person
entitled to a pension, such right shall take effect on the first day of the fourth month following that in which death
occurred.

The right to receive payment of survivor's pension shall cease at the end of the calendar month in which the recipient of
the pensions dies or ceases to satisfy the requirements for payment of the pension. Similarly the right to an orphan's
pension shall cease if the recipient ceases to be regarded as a dependent child within the meaning of Article 2 of Annex V.

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Where the difference in age between the deceased staff member or former staff member in receipt of an invalidity
allowance and his surviving spouse, less the length of time they have been married, is more than 10 years, the survivor's
pension, calculated in accordance with the preceding provisions, shall be subject to a reduction, per full year of difference,
amounting to:

Article 10

— 1 %, for the years between 10 and 20;

— 2 %, for the years 20 up to but not including 25;

— 3 %, for the years 25 up to but not including 30;

— 4 %, for the years 30 up to but not including 35;

— 5 %, for the years from 35 upwards.

A surviving spouse's entitlement to survivor's pension shall cease on remarriage. He or she shall be entitled to immediate
payment of a capital sum equal to twice the annual amount of his survivor's pension, provided that the second paragraph
of Article 81 of the Staff Regulations does not apply.

Article 11

Article 12

The divorced spouse of a staff member or a former staff member shall be entitled to a survivor's pension, as defined in
this Chapter, provided that, on the death of the former spouse, he/she can justify entitlement on his/her own account to
receive maintenance from him by virtue of a court order or as a result of an officially registered settlement in force
between himself/herself and his/her former spouse.

The survivor's pension may not, however, exceed the amount of maintenance paid at the time of death of the former
spouse, the amount having been adjusted in accordance with the procedure laid down in Article 84 of the Staff
Regulations.

The divorced spouse's entitlement shall cease if he or she remarries before the former spouse dies. Article 11 shall apply
in the event of remarriage after the death of the former spouse.

Article 13

Where the deceased staff member leaves more than one divorced spouse entitled to survivor's pension or one or more
divorced spouses and a surviving spouse entitled to a survivor's pension, that pension shall be divided in proportion to
the respective duration of the marriages. The provisions of the second and third paragraphs of Article 12 shall apply.

If any of the persons entitled to pension dies or renounces his or her share, that share shall accrue to the shares of the
other persons, except where there are orphans' rights under the second paragraph of Article 81 of the Staff Regulations.

Reductions in respect of difference in age, as provided for in Article 10, shall be applied separately to pensions divided in
accordance with this Article.

Where under Article 19 of this Annex the divorced spouse ceases to be entitled to a pension, the total pension shall be
payable to the surviving spouse, provided the second paragraph of Article 81 of the Staff Regulations does not apply.

Article 14

CHAPTER 4

Provisional pensions

Article 15

The spouse or persons recognised as dependants of a staff member being on active employment, leave on personal
grounds, leave for military service, parental leave or family leave whose whereabouts are unknown for more than one
year provisionally receive the survivor's pension to which they would be entitled under this Annex.

Article 16

The spouse or persons recognised as dependants of a former staff member in receipt of invalidity allowance whose
whereabouts are unknown for more than one year may provisionally receive the survivor's pension to which they would
be entitled under this Annex.

The provisions of Article 16 shall apply to persons recognised as a dependant of a person in receipt of or entitled to a
survivor's pension whose whereabouts are unknown for more than one year.

Article 17

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Provisional pensions under Articles 15, 16 and 17 shall be converted into definitive pensions when the death of the staff
member or former staff member has been duly confirmed or he has been legally declared missing, presumed dead.

Article 18

CHAPTER 5

Pension increases in respect of dependent children

Article 19

The provisions of the second paragraph of Article 80 of the Staff Regulations shall apply to persons in receipt of a
provisional pension.

Articles 80 and 81 of the Staff Regulations shall also apply to children born less than 300 days after the death of the staff
member or former staff member in receipt of an invalidity allowance.

The award of a survivor's pension or of an invalidity allowance or of a provisional pension shall not entitle the pensioner
to expatriation allowance.

Article 20

CHAPTER 6

Funding of the pension scheme

Article 21

Salaries and invalidity allowances shall in all cases be subject to deduction of the contribution of the pension scheme
provided for in Articles 74 to 87 of the Staff Regulations.

Article 22

Staff members on leave on personal grounds who are continuing to acquire further pension rights on the conditions laid
down in Article 56(3) of the Staff Regulations shall continue to pay the contribution referred to in Article 21 of this
Annex on the basis of the salary carried by this step and grade.

All benefits to which any such staff member or those entitled under him may be entitled under this pension scheme shall
be calculated on the basis of such salary.

Contributions properly deducted shall not be refunded. Contributions wrongly deducted shall not confer the right to
receive a pension; they shall be reimbursed without interest at the request of the staff member or of those entitled under
him.

Article 23

CHAPTER 7

Calculation of pension

Article 24

The Agency shall be responsible for calculating the amount of survivor's or provisional pension or invalidity allowance. A
detailed statement of the calculation shall be communicated to the staff member or to those entitled under him, at the
same time as the decision awarding the pension.

An invalidity allowance shall not be paid concurrently with the salary payable from the general budget of the Agency.
Similarly, it shall be incompatible with any remuneration derived from a post in one of the Community institutions or
agencies.

The amount of pension may at any time be calculated afresh if there has been error or omission of any kind.

Pensions shall be liable to modification or withdrawal if the award was contrary to the provisions of the Staff Regulations
or of this Annex.

Article 25

Article 26

Where a staff member or former staff member in receipt of an invalidity allowance dies and those entitled under him do
not apply for their pension or allowance within one year from the date of his death, they shall lose their entitlement, save
where force majeure is duly established.

A former staff member or those entitled under him in favour of whom benefits arise under this pension scheme shall
furnish such written proof as may be required and inform the Agency of any facts liable to affect their entitlement.

Article 27

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Where a staff member has been temporarily deprived, in whole or in part, of his pension rights under Article 146 of the
Staff Regulations, he shall be entitled to claim reimbursement in proportion to the amount by which his pension has
been reduced of the pension contributions he has paid.

Article 28

CHAPTER 8

Payment of benefits

Article 29

Benefits under this pension scheme shall be paid monthly in arrears.

These benefits shall be provided by the Agency.

For pensioners residing in the European Union, benefits shall be paid in euro into a bank in the EU Member State of
residence.

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

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

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ANNEX VII

TYPES OF POSTS IN EACH FUNCTION GROUP, AS PROVIDED FOR IN ARTICLE 7(3)

Function group AD

Function group AST

Director-General

Director-General/Director

Administrator working for example as:
Director/Head of unit/Adviser/linguistic expert; economic
expert;
expert;
expert; medical
research expert; financial expert, audit expert

scientific

expert;

legal

Administrator working for example as:
Head of Unit/Adviser/linguistic expert; economic expert;
legal
research
expert; medical expert;
expert; financial expert, audit expert

scientific

expert;

Administrator working for example as:
Head of Unit/principal
principal
lawyer;
scientist; principal
principal audit officer

principal medical
researcher; principal

translator, principal

economist;
officer;
principal
financial officer,

Administrator working for example as:
Head of Unit/principal
principal
lawyer;
scientist; principal
principal audit officer

principal medical
researcher; principal

translator, principal

economist;
officer;
principal
financial officer,

Administrator working for example as:
Head of Unit/senior
lawyer;
researcher; senior financial officer, senior audit officer

translator; senior economist; senior
senior

senior medical officer;

scientist;

senior

Administrator working for example as:
Head of Unit/senior
lawyer;
researcher; senior financial officer, senior audit officer

translator; senior economist; senior
senior

senior medical officer;

scientist;

senior

AD 16

AD 15

AD 14

AD 13

AD 12

AD 11

AST 11

Assistant working for example as:
Personal assistant (p.a.); clerical officer; technical officer; IT
officer

AD 10

AST 10

Assistant working for example as:
Personal assistant (p.a.); clerical officer; technical officer; IT
officer

AD 9

AST 9

Assistant working for example as:
Personal assistant (p.a.); clerical officer; technical officer; IT
officer

Administrator working for example as:
Translator; economist;
researcher; financial officer, auditor

lawyer; medical officer;

scientist;

AD 8

AST 8

Assistant working for example as:
Senior clerk; senior documentalist; senior technician; senior
IT operative

Assistant working for example as:
Translator; economist;
researcher; financial officer, auditor

lawyer; medical officer;

scientist;

AD 7

AST 7

Assistant working for example as:
Senior clerk; senior documentalist; senior technician; senior
IT operative

Administrator working for example as:
Junior translator;
medical officer;
financial officer

junior economist;

junior scientist;

junior lawyer;
junior researcher;

AD 6

AST 6

Assistant working for example as:
Clerk; documentalist; technician; IT operative

junior
junior

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Function group AD

Function group AST

Administrator working for example as:
Junior translator;
medical officer;
financial officer

junior economist;

junior scientist;

junior lawyer;
junior researcher;

AD 5

AST 5

Assistant working for example as:
Clerk; documentalist; technician; IT operative

junior
junior

AST 4

AST 3

Assistant working for example as:
Junior clerk; junior documentalist; junior technician, junior
IT operative

Assistant working for example as:
Junior clerk; junior documentalist; junior technician, junior
IT operative

AST 2

Assistant working for example as:
Filing clerk; technical attendant; IT attendant

AST 1

Assistant working for example as:
Filing clerk; technical attendant; IT attendant