2006/879/EC: Decision No 5/2006 of the ACP-EC Committee of Ambassadors of 27 September 2006 concerning the Staff Regulations of the Technical Centre for Agricultural and Rural Cooperation (CTA)
Date: 2006-09-27
Institutions: ACP Committee of Ambassadors
Subjects: ACP countries, agricultural policy, dissemination of information, rural development, staff regulations (EU)

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Official Journal of the European Union

L 350/13

DECISION No 5/2006 OF THE ACP-EC COMMITTEE OF AMBASSADORS

of 27 September 2006

concerning the Staff Regulations of the Technical Centre for Agricultural and Rural Cooperation (CTA)

(2006/879/EC)

THE ACP-EC COMMITTEE OF AMBASSADORS,

Having regard to the Partnership Agreement between the mem-
bers 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), here-
inafter 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 Admin-
istration 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 Technical Centre for Agricultural and Rural
Cooperation,

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 Cooperation
(CTA),

HAS ADOPTED THE FOLLOWING STAFF REGULATIONS OF THE
TECHNICAL
FOR AGRICULTURAL AND RURAL
COOPERATION:

CENTRE

TITLE I

GENERAL PROVISIONS

Article 1

1.
These Staff Regulations, hereinafter referred to as ‘these
Regulations’, are hereby established taking into account the inter-
national and public nature of the activity of the Technical Cen-
tre for Agricultural and Rural Cooperation, hereinafter referred
to as ‘the Centre’. In particular, they regulate the rights and obli-
gations of the staff, conditions relating to employment, grading
of posts and termination of service; working conditions; remu-
neration and social benefits, disciplinary arrangements and
appeals procedures.

(1) OJ L 317, 15.12.2000, p. 3. Agreement as last amended by the Agree-
ment signed in Luxembourg on 25 June 2005 (OJ L 287, 28.10.2005,
p. 4).

The Executive Board of the Centre, hereinafter referred to
2.
as ‘the Executive Board’, may, within the limits of these Regula-
tions, adopt proposals for, or amendments to, internal rules sub-
mitted 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 later than
30 working days from the date of their adoption.

The Executive Board may, if it considers it necessary, provision-
ally and conditionally apply proposals for internal the rules or
amendments thereto it has adopted. The effective date of appli-
cation may not be earlier than the date of adoption by the Execu-
tive Board.

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

4.
The Cotonou Agreement, the Headquarters Agreement
between the Netherlands 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 Regu-
lation 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 writ-
ing at the time of recruitment or subsequently, in both cases with
the Executive Board’s approval, together make up the legal frame-
work applicable to the Director, and the staff of the Centre within
the meaning of Article 2.

Article 2

1.

These Regulations lay down the conditions applicable to:

— the Director of the Centre,

— 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 limita-
tions laid down herein.

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For the purpose of these Regulations, a member of local
3.
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 indi-
cates otherwise.

Article 3

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 con-
tracts and any individual special conditions relating to one or
more members of staff.

The recruitment of local staff and the renewal, extension or ter-
mination of their contracts shall be decided by the Director fol-
lowing 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 advertisement of vacan-
cies, 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,

The Director must be informed of the election of the Staff
3.
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 Commit-
tee 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) 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 execu-
tive, 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 the first paragraph, shall be consid-
ered a seconded expert.

TITLE II

STAFF

CHAPTER I

Appointment – Grading of posts – Establishment plan

Article 6

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

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.

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

Statutory staff shall be engaged under one of the following

2.
contracts:

2.
The Staff Committee shall represent the interests of the staff
vis-à-vis the Centre and shall maintain contact between the Cen-
tre and the staff. It shall contribute to the smooth running of the
service by providing a channel for the expression of opinion con-
cerning staff matters.

(a) Contracts for an indefinite period of time

A contract approved by the Executive Board is subject to:

— the availability of funding,

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

— continuing satisfactory performance, in accordance with

Article 30,

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— continuance of the functions occupied by the staff

member,

— ability to perform the functions as per contract.

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

It shall be understood that the duration of an ‘indefinite con-
tract’ does not imply permanent employment.

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

(a) a level 2.A and a level 2.B for staff carrying out the duties of
‘main expert’, requiring a university degree or equivalent, giv-
ing entitlement to undertake post-graduate studies, and spe-
cific relevant professional experience of at
least 20
and 15 years respectively after having obtained a degree;

(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 tem-
porary. 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.

(b) a level 2.C and a level 2.D for staff carrying out the duties
of ‘expert’, requiring a university degree or equivalent, giv-
ing entitlement to undertake post-graduate studies, and spe-
cific relevant professional experience of at least 10 and
five 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.

(c) Short-term contracts

4.

The ‘clerical’ category shall comprise three levels:

— 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 mem-
ber at the Centre shall be taken into account in this
contract.

Article 7

1.
Posts covered by these Regulations shall be graded, accord-
ing 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.

(a)

two levels for staff carrying out the duties of ‘principal assis-
tant’ 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 10 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;

(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 three years after having obtained a qualification.

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

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 experi-
ence of at least two years.

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Article 8

1.
The grading of a member of staff at the time of appoint-
ment, 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.

They shall not, without the permission of the Director,
2.
accept from any government or from any source outside the Cen-
tre any favour, gift or payment of any kind whatsoever, except
for services rendered either before appointment or during spe-
cial leave, and in respect of such services.

Article 12

A Staff member should be recruited at the first step of his

2.
level.

1.
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.

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.

2.
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.

3.
Assignment of a member of staff to a post corresponding
to a level higher than that at which he was appointed shall neces-
sitate amendment of his contract.

Article 13

Article 9

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

1.
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.

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.

Assignment of members of staff shall reflect as far as pos-

3.
sible the joint ACP-EC nature of the Centre.

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.

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

Staff shall exercise the greatest discretion with regard to all
1.
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 unautho-
rised 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.

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

Article 17

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

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 Headquar-
ters Agreement, staff members shall not be exempt from fulfill-
ing 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.

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
advice to his superiors; he shall be responsible for the perfor-
mance of the duties assigned to him.

2.
A staff member in charge of any branch of the service shall
be responsible to his superiors in respect of the authority con-
ferred 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.

3.
A staff member who receives instructions, which he con-
siders to be irregular or likely to give rise to serious difficulties,
shall inform his immediate superior thereof, if necessary, in writ-
ing. 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.

1.
The Centre shall assist any staff member in any legal pro-
ceedings against the perpetrators of threats, insulting or defama-
tory 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.

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 associa-
tion; 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

Article 20

Staff may address a petition to the Director on questions

1.
concerning their duties.

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 seri-
ous misconduct on his part in the course of, or in connection
with, the performance of his duties.

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

2.
A reasoned decision shall be taken by the Executive Board
on a proposal from the Director, in accordance with the proce-
dure laid down in regard to disciplinary matters.

Any decision adversely affecting a staff member shall state

3.
the grounds on which it is based.

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Article 25

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

There shall be only one personal file for each staff mem-

1.
ber. This file shall contain:

— 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.

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

Given equivalent levels of professional qualifications and experi-
ence 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.

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

The personal file shall be confidential and may be consulted only
in the offices of the Administration. Copies of relevant docu-
ments 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.

1.
he:

Article 27

A staff member may be employed only on condition that

Any document contained in the staff member’s personal
2.
file concerning a disciplinary measure for the first degree of seri-
ousness 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.

(a)

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

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

concerning military service applicable to him;

CHAPTER III

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

ability for the performance of his duties;

Recruitment – Periodic assessment – Professional
advancement – Termination of service/contract – Removal
from post

S e c t i o n 1

R e c r u i t m e n t

Article 26

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.

2.
Staff members shall be selected on the basis of a competi-
tion 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 opportunities to all nation-
als of States signatory to the Cotonou Agreement.

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

cedure as referred to in Article 26(2);

(e)

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

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

Before taking up his duties, every staff member shall pro-

2.
vide 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 mili-

tary service obligations;

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(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;

S e c t i o n 2

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

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

spouse and dependent children.

Article 30

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.

1.
Every 12 months, at the end of the calendar year and sub-
ject to the internal implementing rules laid down by the Direc-
tor, the ability, efficiency and conduct of a staff member shall be
the subject of an assessment report by his superiors.

Article 28

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

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 pur-
suant to the terms of Articles 32 and 33, shall initiate an exter-
nal 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

2.
to constitute a reserve list for future recruitment.

Article 31

A member of staff, after excellent performance and con-
1.
tinuous 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.

Article 29

2.
The abovementioned increases in step shall not be auto-
matic 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.

On recruitment, a staff member shall serve a trial period of

1.
six months’ duration.

Article 32

2.
A staff member whose work has not proved adequate for
establishment in his post shall be dismissed. However, the Direc-
tor may, in exceptional circumstances, extend the trial period for
further periods, up to a total of a further six months.

1.
Any promotion in level of a staff member shall occur only
in order to fill vacancies by means of appointment by the Direc-
tor to the level immediately above, in accordance with internal
rules adopted by the Executive Board on a proposal from the
Director.

3. Where, during his trial period and subsequent extensions,
a staff member is prevented, by sickness, maternity leave or acci-
dent, 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.

The probationer may resign at any time during the trial

5.
period, giving one month’s notice, unless otherwise agreed.

2.
The appointment of a staff member to the level immedi-
ately 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 com-
parative merits and the reports of their hierarchical superiors.

3.
A staff member may be appointed to the category immedi-
ately above only after a competitive assessment among staff
members applying, who have the requisite training and experi-
ence 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.

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A minimum of two years at the same level shall be a con-

4.
dition for eligibility for promotion in level or category.

Article 33

A staff member shall be classified at the step for which the
1.
salary is closest to that which he was receiving at his previous
level.

4.

5.

in the interest of the efficient working of the Centre, a staff
member’s contract may be terminated in the case of incom-
petence 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 the
lack of funding, a staff member shall receive compensation
of one month’s gross basic salary per completed year of ser-
vice, up to a maximum of 12 months. Such calculation shall
be based on the staff member’s last gross basic monthly
salary;

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.

6.

in the event of redundancy of a post, the staff member con-
cerned shall receive notice as provided for in paragraph 2
and shall receive compensation as defined in paragraph 5.

3.
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.

Article 35

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

S e c t i o n 3

(a) during or at the end of the trial period, under the condi-

tions set out in Article 29(2);

T e r m i n a t i o n o f s e r v i c e – T e r m i n a t i o n
o f c o n t r a c t

(b)

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

Article 34

(c)

in the case provided for in Article 36;

Apart from cessation on death, employment shall cease:

(d)

in the case provided for in Article 37.

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;

3.

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

Article 36

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 serious
cases of failure to comply with his obligations, whether inten-
tionally or through negligence on his part. The decision to ter-
minate 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

2.
may be suspended under the conditions set out in Article 57.

In the event of termination of duties pursuant to para-
3.
graph 1 of this Article, the Director may propose that the Execu-
tive Board should decide to withhold from the person concerned
all or part of his entitlement to the compensation and reimburse-
ment of costs provided for in the rules referred to in Articles 46
and 52.

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Article 37

1.
The contract of a staff member must be terminated with-
out notice by the Centre where the Director finds that, at the
time of his recruitment, the person concerned intentionally pro-
vided 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
2.
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

3.
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 dis-

1.
posal 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.

Overtime worked by staff in the ‘professional’ and ‘clerical’
3.
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 compen-
satory 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

1.
Staff shall be entitled to a minimum of 24 working days
and a maximum of 30 working days of annual leave per calen-
dar 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 arrange-
ments for granting such leave shall be laid down in internal rules
adopted by the Executive Board on a proposal from the Director.

Article 41

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.

Female members of staff shall be entitled, in addition to the leave
provided for in Article 40, and on production of a medical cer-
tificate,
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 con-
finement; 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 accor-
dance with the internal implementing rules laid down by the
Director.

However, with medical authorisation, the staff member con-
cerned 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.

The total amount of overtime required of a staff member

2.
may not exceed 150 hours worked in a six-month period.

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

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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 Direc-
tor. 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. Frac-
tions of deductible days shall be calculated on a pro rata basis, in
accordance with the internal implementing rules laid down by
the Director.

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

Under the conditions set out in the internal rules adopted
1.
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.

Article 44

He may not waive this entitlement.

Except in case of sickness or accident, a staff member may
1.
not be absent without prior permission from his immediate supe-
rior. 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 con-
cerned. If he has used up his annual leave, he shall automatically
forfeit his remuneration for an equivalent period.

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.

3.
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 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).

The remuneration shall comprise a basic salary and family

2.
and other allowances.

Article 47

The remuneration shall be expressed and paid in euro.

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 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 inter-
nal rules adopted by the Executive Board on a proposal from the
Director.

The family allowances to which a staff member is entitled
1.
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 ser-
vice, 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.

(a)

the household allowance;

(b)

the dependent child allowance;

(c)

the education allowance.

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A staff member in receipt of the family allowances referred
2.
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 spe-
cial and duly justified decision of the Director taken on the basis
of substantiating medical documents drawn up by a doctor des-
ignated 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 obliga-
tions 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 sur-
viving 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 connec-
tion 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

A single offence shall not give rise to more than one disci-

3.
plinary 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 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 subpara-
graph returning to the place of origin of the deceased staff
member.

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

Article 54

Any sum overpaid shall be recovered if the recipient had knowl-
edge 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.

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.

The other measures shall be imposed by the Executive
2.
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

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

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The decision that a staff member be suspended shall specify
2.
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.

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 continua-
tion 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 disci-
plinary 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.

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 com-
plained of and, if appropriate, the circumstances in which they
occurred.

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

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

The composition and procedures of the ad hoc committee
2.
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

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

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

S e c t i o n 1

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

Article 60

1.
As regards social security schemes, staff members, the
Director and, to the extent necessary, legal members of their fam-
ily 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.

2.
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 chil-
dren, 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.

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.

Article 61

1.
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.

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

No severance bonus shall be paid where the contract is ter-

3.
minated, as laid down in Articles 36 and 37.

Article 62

1.
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.

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.

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
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 accor-
dance 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 v o l u n t a r y s e v e r a n c e b o n u s

Article 64

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.

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.

4.

The Director shall not receive this severance bonus.

The severance bonus shall be incompatible with the com-

5.
pensation referred to in Article 34(5).

CHAPTER II

Tax provisions

Article 65

1.
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. The Committee shall be empowered to amend
that Annex if necessary.

2.
Tax shall be collected by the Centre by means of deduc-
tion at source. The proceeds of the tax shall be entered as rev-
enue in the budget of the Centre.

CHAPTER III

Appeals provisions

Article 66

Staff members and the Director may submit to the compe-
1.
tent 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 compe-
2.
tent 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 Regu-
lations. A complaint is a written document requesting that an
amicable solution be found to the dispute in question. The com-
plaint must be lodged within a period of two months, failing
which the complaint is forfeit. The period shall begin:

— on the date of notification of the decision to the person con-
cerned, but in no case later than the date on which the lat-
ter received such notification,
if the measure affects a
specified person; if, however, an act affecting a specified per-
son 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.

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

— 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 lodg-
ing an appeal has expired, the period for lodging the appeal
shall start to run afresh.

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:

TITLE V

LOCAL STAFF

Article 68

— the Director for staff members,

Local staff shall be engaged by the Director on employ-

1.
ment contracts for a specified period.

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

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 mutan-
dis to local staff.

— the Committee for cases of appeal against a disciplinary mea-
sure taken by the Executive Board regarding the Director.

Article 69

Article 67

1.
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. 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.

2.
The Administrative Tribunal of the International Labour
Organisation, hereinafter referred to as ‘the Administrative Tri-
bunal’, 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).

An appeal to the Administrative Tribunal shall only be

3.
admissible if:

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.

Article 70

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.

— the competent authority has previously had a complaint sub-
mitted to it pursuant to Article 66(2) within the period pre-
scribed therein,

Article 71

— the complaint has been rejected by express decision or by

implied decision,

— conciliation has failed.

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.

Appeals under paragraph 2 shall be filed within three

4.
months. This period shall begin:

Article 72

— on the date of notification of the decision taken in response

to the complaint,

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.

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TITLE VI

STAFF SERVING ABROAD

Article 73

TITLE VIII

FINAL PROVISIONS

Article 75

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

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

TITLE VII

RULES APPLICABLE TO STAFF TEMPORARILY TRANSFERRED
TO THE CENTRE

Article 74

Provisions applicable to persons from organisations or compa-
nies, 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.

Article 76

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

Done at Brussels, on 27 September 2006.

For the Committee of Ambassadors

The President

René MAKONGO

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ANNEX I

TECHNICAL CENTRE FOR AGRICULTURAL AND RURAL COOPERATION (CTA)

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
Technical Centre for Agricultural and Rural Cooperation (CTA), represented by its Director,
................., in accordance
with Article 6 of Decision No 5/2006 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.

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 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.

(*) 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 con-
tract is made.

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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 afore-
mentioned 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 Adminis-
trative 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 Cooperation

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:

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

TABLE OF BASIC GROSS MONTHLY SALARIES (IN EURO)

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

Category

Level

Duties

Step

1. Director

2. Administra-

tive

3. Clerical

4. Supporting

staff

1A

2A

2B

2C

2D

3A

3B

3C

4A

1

2

3

4

5

Director

12 899,93

Main Expert

9 180,47 9 732,92 10 281,99

Main Expert

7 345,74 7 785,67

8 263,10 8 740,52 9 255,49

Expert

Expert

Principal
Assistant

Clerical
Assistant

Secretary

6 424,96 6 830,79

7 233,20 7 639,03 8 085,13

5 143,70 5 453,04

5 783,82 6 131,11 6 500,99

4 296,95 4 533,61

4 811,90 5 122,23 5 435,98

3 304,56 3 505,82

3 710,38 3 928,65 4 150,31

2 387,19 2 533,84

2 680,48 2 827,12 3 011,27

Technical staff

1 947,27 2 056,39

2 165,54 2 278,06 2 424,71

With the exception of level 1A, 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

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.

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 depen-
dent 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 104 and by applying the following rate:

— 0 % to amounts of less than

— 8 % to amounts between

— 10 % to amounts between

— 12,5 % to amounts between

— 15 % to amounts between

— 17,5 % to amounts between

— 20 % to amounts between

— 22,5 % to amounts between

— 25 % to amounts between

— 27,5 % to amounts between

— 30 % to amounts between

— 32,5 % to amounts between

— 35 % to amounts between

— 40 % to amounts between

— 45 % to amounts above

EUR 104

EUR 105

EUR 1 606

EUR 2 213

EUR 2 537

EUR 2 881

EUR 3 479

EUR 3 516

EUR 3 841

EUR 4 153

EUR 4 476

EUR 4 790

EUR 5 114

EUR 5 425

EUR 5 749

and

and

and

and

and

and

and

and

and

and

and

and

and

1 605

2 212

2 536

2 880

3 478

3 515

3 840

4 152

4 475

4 789

5 113

5 424

5 748

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.

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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 appli-

cable 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 Commu-
nities, in particular Council Regulation (EEC, Euratom, ECSC) No 260/68 of 29 February 1968 laying down the con-
ditions 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, Euratom) No 1750/2002 (OJ L 264, 2.10.2002, p. 15).

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ANNEX IV

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 Coto-

nou 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 Technical Centre for Agricultural and Rural Cooperation

— The Centre: the Technical Centre for Agricultural and Rural Cooperation

— The Staff Regulations: the Staff Regulations of the Technical Centre for Agricultural and Rural Cooperation 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.

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 deliv-
ered. 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 follow-
ing 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.

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Article 4

Conciliation

1.
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 and the Centre, the claimant shall send the Committee a request for the appoint-

2.
ment 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

3.
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

4.
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.

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.

11.
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 noth-
ing 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.

In the event that conciliation has failed, the case may be submitted within three months to the Administrative

12.
Tribunal of the International Labour Organisation.

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COMPOSITION AND PROCEDURES OF THE BODIES PROVIDED FOR IN ARTICLE 4 OF THE STAFF
REGULATIONS

ANNEX V

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.