2007/215/EC: Council Decision of 29 January 2007 amending Decision 2004/676/EC concerning the Staff Regulations of the European Defence Agency
Date: 2007-01-29
Institutions: Council of the European Union
Subjects: European Defence Agency, contract staff, regulations for civil servants, servant (EU), staff regulations (EU)

5.4.2007

EN

Official Journal of the European Union

L 95/21

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)

II

DECISIONS

COUNCIL

COUNCIL DECISION

of 29 January 2007

amending Decision 2004/676/EC concerning the Staff Regulations of the European Defence Agency

(2007/215/EC)

THE COUNCIL OF THE EUROPEAN UNION,

(2)

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

Having regard to the Council Decision 2004/676/EC of
24 September 2004 concerning the Staff Regulations of the
European Defence Agency (2), and in particular Article 170(2)
thereof,

Having regard to the proposal from the Steering Board of the
European Defence Agency,

Whereas:

(3)

(4)

is appropriate

to proceed to the alignment of
It
provisions of
the European
the Staff Regulations of
Defence Agency with equivalent provisions of the Staff
Regulations of officials of the European Communities
and the Conditions of Employment of other servants,
whilst respecting the acquired rights of the staff of the
European Defence Agency before the entry into force of
these amendments and taking account of their legitimate
expectations.

Since the initial adoption of the Staff Regulations of the
inconsis-
European Defence Agency in 2004, several
tencies have been discovered in the text. It is necessary
to correct them.

The Staff Regulations of the European Defence Agency,
laid down in Decision 2004/676/EC, should therefore be
amended accordingly,

(1)

servants of

the European Communities,

In order to ensure a more harmonised approach to
human resources in a European civil service, it is appro-
priate to align provisions of the Staff Regulations of the
European Defence Agency with equivalent provisions of
the Staff Regulations of officials of
the European
Communities and the Conditions of Employment of
other
in
particular as regards provisions concerning resettlement
allowance, severance grant, dependent child allowance,
respect of principle of non-discrimination and benefits
for agents appointed head of unit, director or director-
general. For the same reason, it is necessary to take into
account the experience acquired in the application of
those provisions of the Staff Regulations of officials of
the European Communities and the Conditions of
Employment of other servants of the European Commu-
nities.

(1) OJ L 245, 17.7.2004, p. 17.
(2) OJ L 310, 7.10.2004, p. 9.

HAS DECIDED AS FOLLOWS:

Article 1

Decision 2004/676/EC is hereby amended as follows:

1.

in Article 5(4), the first subparagraph is replaced by the
following:

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

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EN

Official Journal of the European Union

5.4.2007

2. Article 10(2) is replaced by the following:

‘2.
A member of temporary staff shall not without the
permission of the AACC accept from any government or
from any other source outside the Agency any honour,
decoration, favour, gift or payment of any kind whatever,
except for services rendered either before his appointment
or during special leave for military or other national service
and in respect of such service.’;

3.

in Article 21, the second subparagraph is replaced by the
following:

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

temporary

staff or

4. Article 27(1) point (b) is replaced by the following:

‘(b)

temporary

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

5. Article 36 is amended as follows:

If a member of temporary staff is appointed head of
unit, director or director-general, and provided that he
has performed his new duties satisfactorily during the
first nine months, he shall retroactively benefit from
advancement by one step in his grade at the time the
appointment comes into effect. This advancement shall
lead to an increase in his basic monthly salary corre-
sponding to the percentage between the first and the
second step in each grade.’;

7.

in Article 40, the second subparagraph is deleted;

8.

in Article 59, paragraph 9 is deleted;

9. Article 63(2) is replaced by the following:

‘2.
The resettlement allowance provided for in Article 6
of Annex V shall be granted to temporary staff who have
completed four years' service. A member of the temporary
staff who has completed more than one year's, but less
service
resettlement
than four years'
allowance
service,
of
his
proportionate
incomplete years being disregarded.’;

a
length

shall
to

receive

10.

in Annex V, the following Article is added:

‘Article 2a

child
2(1),
Notwithstanding Article
allowance is replaced by the following amounts for the
following periods:

dependent

the

(a)

the following subparagraph is added to paragraph 1:

1.2.2007-31.12.2007

EUR 302,35;

‘No posts shall be reserved for nationals of any specific
Member State.’;

1.1.2008-31.12.2008

EUR 315,53.

(b) in paragraph 2, point (e) is replaced by the following:

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

‘(e) he produces evidence of a thorough knowledge of
one of the languages of the participating Member
States and of a satisfactory knowledge of another
language of the participating Member States to the
extent necessary for the performance of his duties.’;

11.

in Annex V, Article 3(2) is replaced by the following:

‘2.
For each dependent child within the meaning of
Article 2(2) who is less than five years old or is not yet
in regular full-time attendance at a primary or secondary
school, the amount of this allowance is fixed as follows:

6. Article 39 is amended as follows:

(a)

the existing paragraph 2 is renumbered paragraph 3;

(b) the following new paragraph 2 is inserted:

1.2.2007-31.8.2007

EUR 48,17;

1.9.2007-31.8.2008

EUR 64,24;

1.9.2008 and beyond

EUR 80,30.

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

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

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Official Journal of the European Union

L 95/23

12.

in Annex VI, Article 1 is replaced by the following:

‘Article 1

A staff member whose service terminates otherwise
1.
than by reason of death or invalidity shall be entitled on
leaving the service:

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

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

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

under which he

2. to the payment of the actuarial equivalent of such
benefits to a private insurance company or pension
fund of their choice, on condition such company or
fund guarantees that:

(i) the capital will not be repaid;

(ii) a monthly income will be paid from age 60 at

the earliest, and age 65 at the latest;

(iii) provisions

are

included

for

reversion or

survivors' pensions;

(iv) transfer to another insurance company or other
fund will be authorised only if such fund fulfils
the conditions laid down in points (i), (ii) and
(iii).

2.
By way of derogation from paragraph 1(b), a staff
member who, since taking up his duties, has, in order to
establish or maintain pension rights, paid into a national
pension scheme, a private insurance scheme or a pension
fund of his choice which satisfies the requirements set out
in paragraph 1, and whose service terminates for reasons
other than death or invalidity, shall be entitled, on leaving
the service, to a severance grant equal to the actuarial value
of his pension rights acquired during service in the Agency.
In these cases the payments made in order to establish or
maintain his pension rights under the national pension
scheme in application of Articles 90 or 131 shall be
deducted from the severance grant.

3. Where a staff member's service has been terminated
by removal from his post, the severance grant to be paid
or, as the case may be, the actuarial equivalent to be trans-
ferred shall be determined by reference to the Decision
taken in accordance with Article 146 of the Staff Regu-
lations.’

Article 2

This decision shall take effect on the day of its adoption. It shall
be published in the Official Journal of the European Union.

Done at Brussels, 29 January 2007.

For the Council
The President

Horst SEEHOFER