Proposal for a Council Decision On the position to be adopted by the Community within the ACP-EC Committee of Ambassadors concerning the Staff Regulations of the Technical Centre for Agricultural and Rural Co-operation
Date: 2005-05-20
Institutions: European Commission
Subjects: ACP-EU Committee of Ambassadors, agricultural policy, non-governmental organisation, rural development, staff regulations (EU), the EU's international role

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 20.05.2005 
COM(2005) 198 final 

Proposal for a 

COUNCIL DECISION 

On the position to be adopted by the Community within the ACP-EC Committee of 
Ambassadors concerning the Staff Regulations of the Technical Centre for Agricultural 
and Rural Co-operation 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

The  Cotonou  Agreement  of  June  2000  provides  for  strengthening  and  consolidation  of  the 
role  of  the  Technical  Centre  for  Agricultural  and  Rural  Co-operation  (CTA)  in  ACP 
institutional capacity development, particularly information management, in order to improve 
access  to  technologies  for  increasing  agricultural  productivity,  marketing,  food  security  and 
rural developemnt. 

In Annexe III, the Cotonou Agreement provides for the updating of the statutes and rules of 
procedure of the Centre created in 1983 as well as Financial and Staff Regulations. 

Member States are requested to examine the following proposal. Member States are requested 
to  adopt  the  following  decision  on  the  Community  position  to  be  adopted  by  the  ACP-EC 
Committee of Ambassadors on the Staff Regulations of the Technical Centre for Agricultural 
and Rural Co-operation. 

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Proposal for a 

COUNCIL DECISION 

On the position to be adopted by the Community within the ACP-EC Committee of 
Ambassadors concerning the Staff Regulations of the Technical Centre for Agricultural 
and Rural Co-operation 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission1, 

Whereas: 

According to the Partnership Agreement between the members of the African, Caribbean and 
Pacific Group of States of the one part, and the European Community and its Member States, 
of the other part, signed in Cotonou on 23 June 20002 and in particular its Annex III, the Staff 
Regulations  of  the  Technical  Centre  for  Agricultural  and  Rural  Co-operation,  hereinafter 
referred to as the Centre, should be adopted, . 

HAS DECIDED AS FOLLOWS:  

Sole Article 

The  Community  shall  take  the  following  position  within  the  ACP-EC  Committee  of 
Ambassadors on the Staff Regulations of the Centre, based on the draft decision of the ACP-
EC Committee of Ambassadors attached in Annex 1 

Done at Brussels,  

For the Council 
The President 

1 
2 

OJ C […] […], p. […]. 
OJ L 317, 15.12.2000, p. 3. 

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ANNEX  

DRAFT FOR  

DECISION N/ 

OF THE ACP-EC COMMITTEE OF AMBASSADORS OF ….. 

concerning the Staff Regulations of the Technical Centre for Agricultural and Rural Co-
operation (CTA) 

THE ACP-EC COMMITTEE OF AMBASSADORS, 

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

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

Having  regard  to  the  proposal  from  the  Commission  drawn  up  in  agreement  with  the  Technical 
Centre for Agricultural and Rural Co-operation, 

Whereas the Committee of Ambassadors after the signature of the Cotonou Agreement should lay 
down  the  Staff  Regulations  of  the  Technical  Centre  for  Agricultural  and  Rural  Co-operation, 
hereinafter referred as the Centre, 

HAS  ADOPTED  THE  STAFF  REGULATIONS  OF  THE  TECHNICAL  CENTRE  FOR 
AGRICULTURAL AND RURAL CO-OPERATION 

TITLE I 

GENERAL PROVISIONS 

Article 1 

1. 

2. 

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

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

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3. 

4. 

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

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

Not  later  than  three  months  from  the  date  of  notification,  the  Committee  shall  either 
approve the internal rules notified or make amendments thereto.  

The  Cotonou  Agreement,  the  Headquarters  Agreement  between  the  Netherlands  and  the 
Centre,  the  Statutes  and  Rules  of  Procedure  of  the  Centre,  these  Regulations  and  their 
annexes,  which  form  an  integral  part  thereof,  the  Financial  Regulation  of  the  Centre,  the 
internal rules approved in accordance with paragraphs 2 and 3 of this Article after the entry 
into force of these Regulations, the internal implementing rules established by the Director 
and  any  individual  conditions  laid  down  in  writing  at  the  time  of  recruitment  or 
subsequently,  in  both  cases  with  the  Executive  Board’s  approval,  together  make  up  the 
legal framework applicable to the Director, and the staff of the Centre within the meaning 
of Article 2 below. 

1. 

These Regulations lay down the conditions applicable to: 

Article 2 

– 

– 

– 

the Director of the Centre, 

the staff of the Centre, 

the local staff of the Centre. 

2. 

3. 

1. 

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

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

Article 3 

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

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

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2. 

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

Article 4 

1. 

There shall be set up: 

– 

– 

a Staff Committee 

a Recruitment/Promotion Committee 

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

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

2. 

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

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

3. 

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

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

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

4. 

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

Article 5 

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

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

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TITLE II 

STAFF 

CHAPTER I 

APPOINTMENT - GRADING OF POSTS - ESTABLISHMENT PLAN 

Article 6 

1. 

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

2. 

Statutory staff is engaged under one of the following contracts:  

(a)  Contracts for an indefinite period of time 

A contract approved by the Executive Board is subject to: 

– 

– 

– 

– 

the availability of funding  

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

continuance of the functions occupied by the staff member 

ability to perform the functions as per contract. 

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

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

(b)  Contracts for a fixed period of time 

– 

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

– 

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

(c)  Short-term contracts 

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

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

Article 7 

1. 

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

2. 

Each category shall comprise levels, and each level steps. 

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

3. 

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

(a) 

(b) 

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

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

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

4. 

The "clerical" category shall comprise three levels: 

(a) 

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

– 

– 

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

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

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(b) 

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

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

Article 8 

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

5. 

1. 

2. 

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

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

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

Article 9 

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

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

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

3. 

1. 

2. 

3. 

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

Article 10 

CHAPTER II 

RIGHTS AND OBLIGATIONS 

Article 11 

1. 

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

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2. 

1. 

2. 

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

Article 12 

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

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

Article 13 

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

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

Article 14 

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

Article 15 

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

Article 16 

1. 

2. 

Staff shall exercise the greatest discretion with regard to all facts and information coming 
to their knowledge in the course of or in connection with the performance of their duties; 
they  shall  not  in  any  manner  whatsoever  disclose  to  any  unauthorised  natural  or  legal 
person  any  document  or  information  not  already  made  public.  They  shall  continue  to  be 
bound by this obligation after leaving the service for a period of ten years. 

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

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

Article 17 

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

Article 18 

1. 

2. 

3. 

1. 

2. 

1. 

Article 19 

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

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

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

Article 20 

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

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

Article 21 

The privileges and immunities enjoyed by staff members of the Centre are accorded solely 
in the interests of the latter. Subject to the relevant provisions of the Protocol on Privileges 
and Immunities of the Cotonou Agreement that are applicable to the Centre and its staff, 
and, as the case may be, the Headquarters Agreement, staff members shall not be exempt 
from  fulfilling  their  private  obligations  or  from  complying  with  the  laws  and  police 
regulations in force. 

2. 

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

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Article 22 

1. 

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

2. 

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

Article 23 

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

Article 24 

1. 

2. 

3. 

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

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

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

1. 

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

Article 25 

– 

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

– 

any comments by the staff member on such documents. 

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

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

2. 

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

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CHAPTER III 

RECRUITMENT - PERIODIC ASSESSMENT - 

PROFESSIONAL ADVANCEMENT - 

TERMINATION OF SERVICE/CONTRACT - REMOVAL FROM POST 

Section 1 

Recruitment 

Article 26 

1. 

2. 

3. 

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

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

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

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

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

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

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

1. 

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

Article 27 

(a) 

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

(b) 

(c) 

(d) 

as fulfilled any obligations imposed on him by the laws concerning military service 
applicable to him 

produces the appropriate character references as to his suitability for the performance 
of his duties 

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

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(e) 

(f) 

is physically fit to perform his duties, as determined by a medical examination by a 
medical practitioner appointed by the Centre; 

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

2. 

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

(a) 

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

(b) 

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

(c) 

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

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

children. 

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

Article 28 

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

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

Article 29 

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

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

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

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

3. 

1. 

2. 

1. 

2. 

3. 

4. 

EN 

14 

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5. 

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

Section 2 

Periodic Assessment - Professional Advancement 

Article 30 

1. 

2. 

1. 

2. 

1. 

2. 

3. 

4. 

1. 

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

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

Article 31 

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

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

Article 32 

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

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

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

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

Article 33 

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

EN 

15 

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2. 

3. 

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

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

Section 3 

Termination of Service - Termination of Contract 

Apart from cessation on death, employment shall cease: 

Article 34 

1. 

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

2. 

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

The length of the period of notice shall be one month for each completed year of service, 
subject  to  a  minimum  of  three  months  and  a  maximum  of  nine  months.  The  period  of 
notice shall not commence to run, however, during maternity leave or sick leave, provided 
such  sick  leave  does  not  exceed  three  months.  It  shall,  moreover,  be  suspended  during 
maternity or sick leave, subject to the aforesaid limits. 

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

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

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

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

3. 

4. 

5. 

6. 

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

Article 35 

(a) 

(b) 

(c) 

EN 

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

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

in the case provided for in Article 36 

16 

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(d) 

in the case provided for in Article 37 

Article 36 

1. 

2. 

3. 

1. 

2. 

3. 

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

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

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

Article 37 

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

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

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

The provisions of Article 36 (3) shall apply. 

EN 

17 

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CHAPTER IV 

WORKING CONDITIONS 

Section 1 

Duration of work 

Article 38 

1. 

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

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

2. 

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

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

Article 39 

1. 

2. 

3. 

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

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

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

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

Section 2 

Leave 

Article 40 

1. 

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

EN 

18 

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2. 

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

Article 41 

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

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

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

Article 42 

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

Article 43 

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

Article 44 

1. 

2. 

3. 

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

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

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

EN 

19 

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

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

4. 

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

Section 3 

Public holidays 

Article 45 

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

CHAPTER V 

REMUNERATION AND EXPENSES 

Article 46 

1. 

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

He may not waive this entitlement. 

2. 

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

The remuneration shall be expressed and paid in Euros. 

Article 47 

Article 48 

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

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

Article 49 

EN 

20 

   EN 

 
1. 

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

Article 50 

(a) 

the household allowance; 

(b) 

the dependent child allowance; 

(c) 

the education allowance. 

2. 

3. 

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

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

Article 51 

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

Article 52 

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

Article 53 

1. 

2. 

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

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

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

EN 

21 

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Article 54 

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

CHAPTER VI 

DISCIPLINARY MEASURES 

Article 55 

1. 

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

2. 

Disciplinary measures shall take one of the following forms: 

– 

measures for first degree of seriousness: 

(a)  written warning 

(b) 

reprimand 

– 

measures for second degree of seriousness: 

(a) 

relegation in step 

(b)  downgrading in level or category 

(c) 

removal from post. 

3. 

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

1. 

2. 

1. 

Article 56 

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

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

Article 57 

Where  an  allegation  of  serious  misconduct  is  made  against  a  staff  member,  whether  this 
amounts to failure to carry out his official duties or to a breach of law, the Director may 
order that he be suspended. The decision that a staff member be suspended shall be taken 

EN 

22 

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2. 

3. 

4. 

5. 

6. 

1. 

as a precautionary step within four working days of the day following discovery of the acts 
with which he is charged. 

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

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

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

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

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

Article 58 

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

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

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

2. 

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

TITLE III 

THE DIRECTOR 

Article 59 

1. 

2. 

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

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

EN 

23 

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

TITLE IV 

PROVISIONS CONCERNING SOCIAL SECURITY, 

TAXATION AND APPEALS 

CHAPTER I 

SOCIAL PROVISIONS 

Section 1 

Social Security 

Article 60 

1. 

2. 

3. 

1. 

2. 

1. 

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

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

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

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

Article 61 

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

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

Article 62 

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

EN 

24 

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2. 

1. 

2. 

1. 

2. 

3. 

4. 

5. 

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

Section 2 

Provident Fund 

Article 63 

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

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

Section 3 

Final and Voluntary Severance Bonus 

Article 64 

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

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

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

The Director shall not receive this severance bonus. 

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

EN 

25 

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CHAPTER II 

Tax Provisions 

Article 65 

1. 

2. 

1. 

2. 

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

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

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

CHAPTER III 

Appeals Provisions 

Article 66 

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

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

– 

– 

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

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

The competent authority shall notify the person concerned of its reasoned decision within 
two months from the date on which the complaint was lodged. If at the end of that period 
no reply to the complaint has been received, this shall be deemed to constitute an implied 
decision rejecting it, against which an appeal may be lodged pursuant to Article 67. 

EN 

26 

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

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

– 

– 

– 

the Director for staff members, 

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

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

Article 67 

1. 

2. 

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

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

3. 

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

– 

– 

– 

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

he complaint has been rejected by express decision or by implied decision, 

conciliation has failed. 

4. 

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

– 

– 

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

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

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TITLE V 

LOCAL STAFF 

Article 68 

1. 

2. 

Local  staff  shall  be  engaged  by  the  Director  on  employment  contracts  for  a  specified 
period.  

With the exception of Articles 6 to 10, 29,  31 to 37, 40 to 43, 46 to 50 and Chapter VI, 
Title II shall apply mutatis mutandis to local staff. 

The conditions of employment of local staff and in particular: 

Article 69 

(a) 

(b) 

(c) 

the manner of their engagement and termination of their contracts, 

leave, and 

grading and remuneration 

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

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

Article 70 

Article 71 

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

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

Article 72 

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TITLE VI 

STAFF SERVING ABROAD 

Article 73 

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

TITLE VII 

RULES APPLICABLE TO STAFF 

TEMPORARILY TRANSFERRED TO THE CTA 

Article 74 

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

TITLE VIII 

FINAL PROVISIONS 

Article 75 

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

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

Article 76 

Done at Brussels,  

For the Committee of Ambassadors 

The President 

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ANNEX I TO THE STAFF REGULATIONS 

TECHNICAL CENTRE FOR AGRICULTURAL AND RURAL COOPERATION (CTA) 

CONTRACT* WITH: 

Ms/Mr 

Date of birth 

Nationality 

Holder of identity card N° 

Issued on 

In  view  of  the  information  you  supplied  in  your  application  and  following  the  competitive 
recruitment  procedure,  the  Technical  Centre  for  Agricultural  and  Rural  Co-operation  (CTA), 
represented  by  its  Director,  …………………………………,  in  accordance  with  Article  6  of  the 
Annex  to  Decision  N°…..  of the  ACP-EC  Committee  of  Ambassadors  laying  down  the  Staff 
Regulations of the Centre, has decided to employ you as a staff member of the Centre. 

The conditions of your employment are as follows: 

1. 

DURATION 

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

2. 

TRIAL PERIOD 

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

3. 

PLACE 

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

4. 

CLASSIFICATION 

Category: 

Level: 

Step: 

* 

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

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

5. 

WORKING WEEK 

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

6. 

TERMINATION OF SERVICE FOLLOWING A PERIOD OF NOTICE 

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

7. 

STAFF REGULATIONS 

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

(a) 

(b) 

the Statutes and Rules of Procedure of the Centre, the Staff Regulations of the Centre 
and the Headquarters Agreement; 

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

(c) 

any  individual  conditions  which  the  Centre  may  lay  down  for  you,  in  accordance 
with Article 1 (5) of the aforementioned Staff Regulations. 

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

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

8. 

DISPUTES 

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

Disputes may not be resolved in any other manner. 

9. 

STATEMENTS  

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

Brussels, 
For the Technical Centre for Agricultural and Rural Co-operation 
Director 

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To the Director of the Centre 

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

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

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

Date 

Signature of the staff member 

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ADMINISTRATIVE STATEMENT 

ANNEX A TO ANNEX I 

Name : 

Forename(s) :  

Date of birth :  

Family situation : 

Date of contract : 

Date on which this contract takes effect : 

Duration of the contract : 

Place of origin : 

Place of residence for employment purposes : 

Category, level and step : 

Basic monthly salary : 

Special clauses : 

Signature of the staff member  

Director 

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ANNEX B TO ANNEX I 

FAMILY STATEMENT 

Name : 

Forename(s) : 

Place and date of birth : 

DEPENDANTS 

Name and forename(s) 

Place and date of birth 

Relationship 

Civil status 

Nationality 

The undersigned hereby certifies that the above information is correct 

Signature of the staff member 

Director 

Date : 

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ANNEX II TO THE STAFF REGULATIONS 

TABLE OF BASIC GROSS MONTHLY SALARIES (IN EUROS) 

Applicable as from 1 July 2003 (index of June 2003) 

Category 

Level 

Basic Post 

Step 

1 

2 

3 

4 

5 

6 

1. DIRECTORS 

1.A 

Director 

12 016.80 

12 737.81 

2.A 

Main Expert 

8 583.47 

9 098.43 

9 613.46 

10 190.27 

2.PROFESSIONAL 

2.B 

Main Expert 

6 866.75 

7 278.71 

7 725.10 

8 171.43 

8 652.13 

9 171.26 

2.C 

Expert 

6 008.44 

6 386.08 

6 763.77 

7 141.47 

7 553.38 

8 006,58 

2.D 

Expert 

4 806.73 

5 098.55 

5 407.56 

5 733.75 

6 077.09 

6 441.72 

3. A 

Principal Assistant 

4 017.11 

4 257.35 

4 497.75 

4 789.59 

5 081.39 

5 386.27 

3. CLERICAL 

3. B 

Clerical Assistant 

3 090.01 

3 261.68 

3 467.71 

3 673.74 

3 879.42 

4 112.19 

3. C. 

Secretary/Clerk. 

2 231.71 

2 369.02 

2 506.39 

2 643.72 

2 815.35 

2 984.27 

4. SUPPORTING 

4. A 

Technical staff 

1 819.66 

1 922.67 

2 025.70 

2 128.73 

2 266.02  2 401.98 

STAFF 

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

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ANNEX III TO THE STAFF REGULATIONS 

CONDITIONS AND PROCEDURE FOR APPLYING THE TAX  

FOR THE BENEFIT OF THE CENTRE 

1. 

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

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

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

2. 

3. 

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

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

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

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

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

4. 

The tax shall be calculated on the taxable amount obtained by applying paragraph 3 
disregarding  any  amount  not  exceeding  EUR  84.96  and  by  applying  the  following 
rate:  

– 

– 

– 

– 

– 

– 

– 

– 

– 

0% 

to amounts of less than EURO 

84.96 

 8% to amounts between EURO 

84.97  to 

1 501.99 

- 

- 

- 

- 

- 

- 

- 

10% to amounts between EURO 

1 502.00 

12.5%  to amounts between EURO  2 068.76 

15% to amounts between EURO 

2 370.94 

17.5%  to amounts between EURO  2 692.22 

20% to amounts between EURO 

2 994.42 

22.5%  to amounts between EURO  3 287.27 

25% to amounts between EURO 

3 588.09 

to 

to 

to 

to 

to 

to 

to 

2 068.75 

2 370.93 

2 692.21 

2 994.41 

3 287.26 

3 588.08 

3 882.46 

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– 

– 

– 

– 

– 

– 

- 

- 

- 

- 

- 

- 

27.5%  to amounts between EURO  3 882.47 

30% to amounts between EURO 

4 184.61 

32.5%  to amounts between EURO  4 477.51 

35% to amounts between EURO 

4 779.79 

40% to amounts between EURO 

5 072.73 

45% to amounts above EURO 

5 374.81 

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

to 

to 

to 

to 

to 

4 184.60 

4 477.50 

4 779.78 

5 072.72 

5 374.80 

The taxable amounts set out above shall be those applicable on 1 July 2003. 

5. 

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

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

– 

– 

the amount of tax payable, and 

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

6. 

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

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

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

7. 

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

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

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

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ANNEX IV TO THE STAFF REGULATIONS 

CONCILIATION 

Article 1 

Scope 

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

Article 2 

Definitions 

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

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

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

Member State: a Member State of the European Union 

The Tribunal: the Administrative Tribunal of the International Labour Organisation 

The Agreement: the ACP-EC Partnership Agreement of Cotonou 

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

The Committee: the ACP-EC Committee of Ambassadors 

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

The Centre: the Technical Centre for Agricultural and Rural Co-operation  

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

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

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

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

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Article 3 

Notice and calculation of time 

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

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

Article 4 

Conciliation 

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

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

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

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

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

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

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

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

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

1. 

2. 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

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8. 

9. 

10. 

11. 

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

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

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

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

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

12. 

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

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ANNEX V TO THE STAFF REGULATIONS 

COMPOSITION AND PROCEDURES OF THE BODIES PROVIDED FOR 

IN ARTICLE 4 OF THE STAFF REGULATIONS 

Section 1 

Staff Committee 

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

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

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

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

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

Section 2 

Recruitment/Promotion Committee 

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

The Staff Committee shall be represented therein as an observer. 

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

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