2005/939/EC: Decision No 9/2005 of the ACP-EC Committee OF Ambassadors of  27 July 2005  concerning the Staff Regulations of the Centre for the Development of Enterprise (CDE)
Date: 2005-07-27
Institutions: ACP Committee of Ambassadors
Subjects: Centre for the Development of Enterprise, staff regulations (EU)

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DECISION No 9/2005 OF THE ACP-EC COMMITTEE OF AMBASSADORS

of 27 July 2005

concerning the Staff Regulations of the Centre for the Development of Enterprise (CDE)

(2005/939/EC)

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 (1), 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 Cotonou Agreement,

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

Whereas the Committee of Ambassadors after the signature of
the Cotonou Agreement should lay down the Staff Regula-
tions of the Centre for the Development of Enterprise,

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

TITLE I

GENERAL PROVISIONS

Article 1

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

2. 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 shall apply in particular to aspects expressly
provided for therein.

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

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

it considers

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

the Centre,

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

(1) OJ L 317, 15.12.2000, p. 3. Agreement as amended by Decision
No 1/2003 of the ACP-EC Council of Ministers (OJ L 141,
7.6.2003, p. 25).

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

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Article 2

— a Recruitment/Promotion Committee

1. These Regulations lay down the conditions applicable to:

— the Director and Deputy Director of the Centre,

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

— the staff of the Centre,

— the local staff of the Centre.

2. 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.

3.
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.

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

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

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
expression of opinion concerning staff matters.

the service by providing a channel

for

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.

Article 3

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

1. 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.

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 advertise-
ment 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, and

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

4.
For each vacant statutory post or promotion provided for
in the budget (and relating to a contract for an indefinite
period of time as referred to in Article 6(2)(a)) 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 Article 10.

Statutory staff shall be engaged under one of

2.
following contracts:

the

(a) Contracts for an indefinite period of time

(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.

The contract engaging a member of staff, drawn up in
accordance with the specimen in Annex I, 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

A contract approved by the Executive Board is subject to:

— the availability of funding,

1.
Posts covered by these Regulations shall be graded,
according to the nature and level of duties to which they
in descending
into four categories designated,
correspond,
‘clerical’ and
‘professional’,
hierarchical order
‘supporting staff’.

‘directors’,

— continuing satisfactory performance, in accordance

with Article 30,

2.

Each category shall comprise levels, and each level steps.

— continuance of the functions occupied by the staff

member,

— ability to perform the functions as per contract.

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

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.

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

education. This

(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.

(a)

(b)

‘main expert’,

a level 2.A and a level 2.B for staff carrying out the duties
of
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.

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

the interests of the Centre and without taking nationality into
account.

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 compe-
tence and relevant professional experience of at least
five years after having obtained a qualification;

— a level 3.B requiring a secondary school or
equivalent qualification, a diploma from a recog-
nised secretarial school and relevant professional
experience of at
five years after having
least
obtained a qualification;

(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 experi-
ence of at least three years after having obtained a
qualification.

5. 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

2. 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.

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

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

Article 10

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.

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.

the time of
1. The grading of a member of staff at
level and step, shall be
appointment, specifying category,
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.

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.

Staff members should be recruited at the first step of their

2.
level.

Article 12

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
two.

Staff shall abstain from any action and, in particular, any
1.
public expression of opinion, which may reflect adversely on
their position or on the reputation of the Centre.

3. 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.

Staff shall not engage in activities, whether gainful or not,
2.
likely to detract from their independence or be detrimental to
the interests of the Centre.

Article 9

Article 13

1. The Director shall assign each member of staff by transfer
to posts requiring duties of his category and level, purely in

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.

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the

employment prove

to be
Should the nature of
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
Executive Board take a decision as to whether the staff
member
is to continue in his post, have his contract
terminated, or be suspended.

shall propose that

the Director

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
interest such as to impair his
of which he has a personal
independence shall inform the Director thereof.

2. 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.

inform his immediate superior thereof,

3. A staff member who receives instructions, which he
considers to be irregular or likely to give rise to serious
if
difficulties, shall
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 15

Article 20

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

Article 16

1.
Staff shall exercise the greatest discretion with regard to all
facts and information coming to their knowledge in the course
of or in connection with the performance of their duties; they
in any manner whatsoever disclose to any
shall not
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 10 years.

2.
Staff shall not, whether alone or together with others,
publish or cause to be published, without the permission of
the Director, any matter dealing with the work of the Centre.
Permission shall be refused only where the proposed
publication is liable to prejudice the interests of the Centre.

Article 17

1. 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

2. 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

1. 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.

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

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

Article 18

Article 22

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 19

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

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 against 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.

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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.

CHAPTER III

Recruitment — periodic assessment - professional
advancement - termination of service/contract - removal
from post

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.

S e c t i o n 1

R e c r u i t m e n t

Article 26

Article 24

1. 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 may address a petition to the Director on questions

1.
concerning their duties.

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

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

2.
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.

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

Article 25

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

1. There shall be only one personal
member. This file shall contain:

file for each staff

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

— 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.

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.

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.

Article 27

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 International Labour Organisation 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 the 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.

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

(a)

is a national of one of
Cotonou Agreement;

the States signatory to the

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

concerning military service applicable to him;

(c)

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

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(d) was recruited in accordance with the competition-based

procedure as referred to in Article 26(2);

period for further periods, up to a total of a further six
months.

(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.

3. 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.

4. Without prejudice to paragraph 3, the total length of the
trial period shall in no circumstances exceed 12 months.

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

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

(a)

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

S e c t i o n 2

(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.

P e r i o d i c A s s e s s m e n t — P r o f e s s i o n a l
A d v a n c e m e n t

Article 30

1.
Every 12 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.

3. 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.

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

Article 28

Article 31

1.
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.

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

Article 29

staff,

after good performance

1. A member of
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.

2. The abovementioned 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.

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

2. 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

1. 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.

Article 32

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to the level
2. The appointment of a staff member
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.

3. 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.

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

Article 33

1. 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.

2.
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.

3.
In no case shall a staff member be penalised in monetary
terms in a 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.

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.

In the event of the closure of the Centre, due notably to
receive
funding, a staff member
the lack of
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.

shall

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

receive notice as provided for

3.

4.

5.

6.

Article 35

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

(a)

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

(b)

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

S e c t i o n 3

(c)

in the case provided for in Article 36;

Te r m i n a t i o n o f S e r v i c e — Te r m i n a t i o n o f
C o n t r a c t

(d)

in the case provided for in Article 37.

Article 34

Article 36

Apart from cessation on death, employment shall cease:

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;

1. 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
failure to comply with his obligations,
serious cases of
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.

2.

at the end of the period of notice following notification
by the Centre;

2.
Prior to the termination of his contract, the staff member
may be suspended under the conditions set out in Article 57.

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

In the event of

termination of duties pursuant

3.
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.

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Article 37

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

1. 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 intention-
ally 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
2.
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.

3.
Prior to the termination of his contract, the staff member
may be suspended under the conditions set out in Article 57.

The provisions of Article 36(3) shall apply.

CHAPTER IV

Working conditions

S e c t i o n 1

D u r a t i o n o f w o r k

Article 38

Staff in active employment shall at all times be at the

1.
disposal of the Centre.

However, the normal working week shall not exceed 37,5
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.

3. Overtime worked by staff
‘clerical’ staff' categories shall not create entitlement
compensation or to remuneration.

in the ‘professional’ and
to

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.

S e c t i o n 2

L e a v e

Article 40

Staff shall be entitled to a minimum of 24 working days
1.
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.

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.

Article 39

1.
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 staff member
However, with medical authorisation,
concerned may start her maternity leave less than six 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.

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Male members of staff shall be entitled to five working days'
paternity leave within 10 weeks after the date of birth of the
child.

origin, in accordance with the internal rules adopted by the
Executive Board on a proposal from the Director.

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

for

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

Article 44

1.
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.
leave, he shall
automatically forfeit his remuneration for an equivalent
period.

If he has used up his annual

S e c t i o n 3

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

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.

Article 47

The remuneration shall be expressed and paid in euro.

2. 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.

Article 48

request, be granted unpaid leave, at

3. A staff member may, in exceptional circumstances and at
his
the Director's
discretion, on personal grounds. The duration of such leave
shall not exceed one year per period of 15 years.

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

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 the
European Union for Community staff.

Article 49

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

Article 50

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

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

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

(a)

the household allowance;

(b)

the dependent child allowance;

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(c)

the education allowance.

knowledge of it. The arrangements for recovery shall be laid
down by the Director.

2. 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.

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

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.

Article 51

2. Disciplinary measures shall take one of the following
forms:

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.

— measures for the first degree of seriousness:

(a) written warning;

(b)

reprimand;

Article 52

— measures for the second degree of seriousness:

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 Article 36(3).

(a)

relegation in step;

(b) downgrading in level or category;

(c)

removal from post.

Article 53

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

1.
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 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 transporting of

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
subparagraph returning to the place of origin of the deceased
staff member.

If a staff member dies during a mission, the costs incurred
2.
in respect of the transporting of the body from the place of
death to the staff member's place of origin shall be reimbursed
by the Centre.

Article 54

Any sum overpaid shall be recovered if the recipient had
the payment or if such
knowledge of
irregularity was so obvious that he could not fail to have

the irregularity of

Article 56

1. 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.

2. 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

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

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2. 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.

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

3. 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.

4. 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.

5. 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.

6. 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.

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

TITLE IV

PROVISIONS CONCERNING SOCIAL SECURITY, TAXATION
AND APPEALS

CHAPTER I

Social provisions

S e c t i o n 1

S o c i a l S e c u r i t y

Article 60

Article 58

1. 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.

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

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

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.

Any frustration of notification ascribable to the staff member
and any refusal by the staff member to sign an acknowl-
edgement 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.

2.
Staff members, the Deputy Director, the Director and
their legal spouses, where these are not eligible for benefits of
the same type and level under all other legal provisions or
regulations, and their dependent children, as referred to in the
internal rules, shall be covered against illness. The degree of
cover shall be defined in the internal rules adopted by the
Executive Board on a proposal from the Director.

TITLE III

3. 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.

THE DIRECTOR AND DEPUTY DIRECTOR

Article 59

Article 61

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

1.
Staff members, the Deputy Director and the Director shall
be insured from the date of their entering the service against
the risk of occupational hazards and of accident, subject to the
internal rules referred to in Article 60. They shall contribute to
the cost of insuring against these risks.

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

rules

Article 62

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

2. 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.

2. 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.

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

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

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

S e c t i o n 2

P r o v i d e n t F u n d

Article 63

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

2. 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.

S e c t i o n 3

F i n a l a n d Vo l u n t a r y S e v e r a n c e B o n u s

Article 64

CHAPTER II

Tax Provisions

Article 65

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

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

2. 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

1. 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.

1.
Staff members, the Deputy Director and the Director may
submit to the competent authority a request that it take a
decision relating to them. The competent authority shall
notify the person concerned of his reasoned decision within
two months from the date on which the request was made. If
at the end of that period no reply to the request has been
received,
this shall be deemed to constitute an implied
decision rejecting it, against which a complaint may be lodged
in accordance with the following paragraph.

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either where

Staff members, the Deputy Director and the Director may
2.
submit to the competent authority a complaint against an act
adversely affecting them,
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
complaint is void. The period shall begin:

the

— 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,

2. 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,

— the complaint has been rejected by express decision or by

implied decision,

— 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.

— conciliation has failed or there is no settlement within
four months of the appointment of the conciliator.

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.

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

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

— the Director for staff members,

— the Executive Board for

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

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

Article 67

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

4. Appeals under paragraph 2 shall be filed within three
months. This period shall begin on the date on which the
failure of the conciliation has been notified to the two parties
or, if there is no settlement, on the date of expiry of the
deadline of four months as from the date of appointment of
the conciliator.

TITLE V

LOCAL STAFF

Article 68

Local staff shall be engaged by the Director on employ-

1.
ment contracts for a specified period.

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

Article 69

The conditions of employment of local staff and in particular:

(a)

the manner of their engagement and termination of their
contracts,

(b)

leave, and

(c)

grading and remuneration

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

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Article 70

TITLE VII

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.

RULES APPLICABLE TO STAFF TEMPORARILY
TRANSFERRED TO THE CENTRE

Article 74

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 therefore, within one month of the date on which the
request was made. In the event of disagreement, the local staff
member may lodge an appeal in accordance with Article 72.

Article 72

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

TITLE VI

STAFF SERVING ABROAD

Article 73

Provisions applicable to persons
from organisations or
companies, who are temporarily transferred to the Centre
under special cooperation or exchange agreements, shall be
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 approv-
ing them.

Article 76

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

Done at Brussels, 27 July 2005.

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

For the Committee of Ambassadors
The President
F.J. WAHNON FERREIRA

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ANNEX I TO THE STAFF REGULATIONS

CENTRE FOR THE DEVELOPMENT OF ENTERPRISE (CDE)

CONTRACT (*) WITH:

Ms/Mr

Date of birth

Nationality

Holder of identity card No

Issued on

In view of the information you supplied in your application and following the competitive recruitment procedure, the
Centre for the Development of Enterprise (CDE), represented by its Director, …, in accordance with Article 6 of
Decision No 9/2005 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
to 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.

(*)

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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4.

CLASSIFICATION

Category:

Level:

Step:

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

5. WORKING WEEK

The working week consists of 37,5 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)

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

(b)

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

(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.

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9.

STATEMENTS

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

For the Centre for the Development of Enterprise

Brussels,

Director

To the Director of the Centre

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

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

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

Date

Signature of the staff member

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ANNEX A TO ANNEX I

ADMINISTRATIVE STATEMENT

Name:

Forename(s):

Date of birth:

Family situation:

Date of contract:

Date on which this contract takes effect:

Duration of the contract:

Place of origin:

Place of residence for employment purposes:

Category, level and step:

Basic monthly salary:

Special clauses:

Signature of the staff member

Director

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ANNEX B TO ANNEX I

FAMILY STATEMENT

Name:

Forename(s):

Place and date of birth:

DEPENDENTS

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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30.12.2005

EN

Official Journal of the European Union

L 348/75

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, the Deputy Director and the staff of the Centre, excluding local staff.

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

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

2.

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

3.

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 %

— 8 %

to amounts of less than EUR

84,96

to amounts between EUR

84,97

— 10 %

to amounts between EUR

1 502,00

— 12,5 %

to amounts between EUR

2 068,76

— 15 %

to amounts between EUR

2 370,94

— 17,5 %

to amounts between EUR

2 692,22

— 20 %

to amounts between EUR

2 994,42

— 22,5 %

to amounts between EUR

3 287,27

— 25 %

to amounts between EUR

3 588,09

— 27,5 %

to amounts between EUR

3 882,47

to

to

to

to

to

to

to

to

to

1 501,99

2 068,75

2 370,93

2 692,21

2 994,41

3 287,26

3 588,08

3 882,46

4 184,60

L 348/76

EN

Official Journal of the European Union

30.12.2005

— 30 %
— 32,5 %
— 35 %
— 40 %
— 45 %

to amounts between EUR

to amounts between EUR

to amounts between EUR

to amounts between EUR

to amounts above EUR

4 184,61

4 477,51

4 779,79

5 072,73

5 374,81

to

to

to

to

4 477,50

4 779,78

5 072,72

5 374,80

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

The taxable amounts set out above shall be those applicable on 1 July 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 (EEC, 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 (1).

(1)

OJ L 56, 4.3.1968, p. 8. Regulation as last amended by Regulation (EC) No 1750/2002 (OJ L 264, 2.10.2002, p. 15).

30.12.2005

EN

Official Journal of the European Union

L 348/77

ANNEX IV TO THE STAFF REGULATIONS

CONCILIATION

Article 1

Scope

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

Article 2

Definitions

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

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

Cotonou Agreement

— Member State: a Member State of the European Union

— The Tribunal: the Administrative Tribunal of the International Labour 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 Centre for the Development of Enterprise

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

Agreement

— Claimant: the party which commences conciliation by giving notice to the other party requesting the

proceedings and submitting claims

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

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

L 348/78

EN

Official Journal of the European Union

30.12.2005

Article 3

Notice and calculation of time

1. 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.

2.
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

1. Before an application to the Administrative Tribunal of the International Labour Organisation, a person with the
right to request such a settlement must request the settlement of the dispute by conciliation in accordance with these
rules. The request to appoint a conciliator must be submitted within a period of two months. This 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 request for conciliation is in response to
an implied decision rejecting a complaint submitted pursuant to Article 66(2). However, where a complaint is
rejected by express decision after being rejected by implied decision but before the period for submitting a
request for conciliation has expired, the period for submitting a request for conciliation shall start to run afresh.

If the dispute is between the Director or the Deputy Director and the Centre, the claimant shall send the

2.
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

3.
for the appointment of a conciliator. The appointment shall be made within 45 days at most.

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

5. 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.

6. 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.

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

30.12.2005

EN

Official Journal of the European Union

L 348/79

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

9.
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.

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

Should the conciliation fail or should a settlement not result within four months of the appointment of the
11.
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. The case may be submitted within three months to the Administrative Tribunal of the International Labour
Organisation. This period shall begin on the date on which the failure of the conciliation has been notified to the two
parties or, if there is no settlement, on the date of expiry of the deadline of four months as from the date of
appointment of the conciliator.

L 348/80

EN

Official Journal of the European Union

30.12.2005

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 provided for 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.