Conditions of employment of other servants of the European Communities * European Parliament legislative resolution of 16 December 2008 on the proposal for a Council regulation amending the Conditions of employment of other servants of the European Communities (COM(2008)0786 — C6-0449/2008 — 2008/0224(CNS))
Date: 2008-12-16
Institutions: Committee on Budgets, Committee on Legal Affairs, European Parliament
Subjects: consultation procedure, drafting of EU law, national service, remuneration of work, resolution of parliament, servant (EU), social security, work contract








CE2010045EN.01011601.xml










23.2.2010   


EN


Official Journal of the European Union


CE 45/116





Conditions of employment of other servants of the European Communities *
P6_TA(2008)0606
European Parliament legislative resolution of 16 December 2008 on the proposal for a Council regulation amending the Conditions of employment of other servants of the European Communities (COM(2008)0786 — C6-0449/2008 — 2008/0224(CNS))
(2010/C 45 E/40)
(Consultation procedure)

The European Parliament,






—


having regard to the Commission proposal to the Council (COM(2008)0786),










—


having regard to Article 283 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0449/2008),










—


having regard to Article 21 of the Statute for Members of the European Parliament (1),










—


having regard to Parliament's political declaration made in plenary on 16 December 2008 (2),










—


having regard to Rule 51 of its Rules of Procedure,










—


having regard to the report of the Committee on Legal Affairs and the opinion of the Committee on Budgets (A6-0483/2008),




1.   Approves the Commission proposal as amended;
2.   Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;
3.   Considers that the financial amounts indicated in the legislative proposal are compatible with the ceiling of heading 5, administrative expenditure, of the multi-annual financial framework;
4.   Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;
5.   Calls for initiation of the conciliation procedure under the Joint Declaration of 4 March 1975 if the Council intends to depart from the text approved by Parliament;
6.   Asks the Council to consult Parliament again if it intends to amend the text submitted for consultation substantially;
7.   Instructs its President to forward its position to the Council and the Commission.






TEXT PROPOSED BY THE COMMISSION


AMENDMENTS





Amendment 48


Proposal for a regulation — amending act


Recital 1











(1)


According to Article 21 of the Statute for Members of the European Parliament, Members shall be entitled to assistance from personal staff that they may freely choose. 
At present, Members employ all their staff directly under contracts subject to national law, while recovering the costs incurred from the European Parliament, subject to a fixed maximum amount.














(1)


According to Article 21 of the Statute for Members of the European Parliament, Members shall be entitled to assistance from personal staff that they may freely choose.









Amendment 49


Proposal for a regulation — amending act


Recital 1a (new)





 










(1a)





At present, Members employ all their staff directly under contracts subject to national law, while recovering the costs incurred from the European Parliament, subject to a fixed maximum amount.










Amendment 50


Proposal for a regulation — amending act


Recital 2











(2)




A limited number of such staff (hereinafter referred to as ‘parliamentary assistants’) assist one or more Members within the premises of the European Parliament in Strasbourg, Brussels and Luxembourg. The others work for Members in the country where they have been elected
.












(2)



On 9 July 2008 the Bureau of the European Parliament adopted Implementing Measures for the Statute for Members of the European Parliament (3). Pursuant to Article 34 of those Implementing Measures, Members shall make use of:









 










a)





‘accredited parliamentary assistants’, employed at one of the Parliament's three places of work under the specific legal arrangements adopted on the basis of Article 283 of the Treaty and whose contracts are concluded and administered directly by Parliament, and









 










b)






natural persons who are to assist Members in their Member States of election and who have concluded an employment or service contract with them in keeping with applicable national law in accordance with the conditions laid down in the aforementioned Implementing Measures, hereinafter referred to as ‘local assistants’
.









Amendment 51


Proposal for a regulation — amending act


Recital 3











(3)


In contrast to 
the latter,
 parliamentary assistants are, as a general rule, expatriates. They work in the premises of the European Parliament in a European, multilingual and multicultural environment and undertake tasks which are directly linked to work of the European Parliament.












(3)


In contrast to 
local assistants, accredited
 parliamentary assistants are, as a general rule, expatriates. They work in the premises of the European Parliament in a European, multilingual and multicultural environment and undertake tasks which are directly linked to 
the
 work 
carried out by one or several Members
 of the European Parliament 
in the exercise of their functions as Members of the European Parliament
.









Amendment 4


Proposal for a regulation — amending act


Recital 4













(4)





This has been confirmed, moreover, by the Court of First Instance of the European Communities which has recognised that parliamentary assistants may in certain respects be considered for the purposes of the Staff Regulations of officials of the European Communities and the Conditions of Employment of other servants to be performing duties for the Parliament.









deleted







Amendment 52


Proposal for a regulation — amending act


Recital 5











(5)


For these reasons and with a view to ensuring transparency
, non-discrimination
 and legal certainty through common rules, it is appropriate to provide for 
such
 assistants
, — with the exception of persons working for Members in the Member State in which they were elected, including persons working locally for Members elected in one of the Member States in which the three places of work are situated –,
 to be employed by way of direct contracts with the European Parliament.












(5)


For these reasons and with a view to ensuring transparency and legal certainty through common rules, it is appropriate to provide for 
accredited parliamentary
 assistants to be employed by way of direct contracts with the European Parliament. 
In contradistinction, local assistants, including those working for Members elected in one of the Member States in which the Parliament's three places of work are located, should continue to be employed, in accordance with the aforementioned Implementing Measures for the Statute for Members of the European Parliament, by Members of the European Parliament under contracts concluded under the applicable national law in the Member State in which they are elected.











Amendment 53


Proposal for a regulation — amending act


Recital 6











(6)


It is therefore appropriate for 
such
 assistants to be subject to the Conditions of Employment of other servants in such a way as to take account of their particular circumstances.












(6)


It is therefore appropriate for 
accredited parliamentary
 assistants to be subject to the Conditions of employment of other servants in such a way as to take account of their particular circumstances
, the particular tasks they are called on to perform and the specific duties and obligations they have to fulfil vis-à-vis the Members of the European Parliament for whom they are called on to work
.









Amendment 54


Proposal for a regulation — amending act


Recital 7











(7)


The introduction of this specific category of servants does not affect Article 29 of the Staff Regulations which provides that internal competitions are only open to officials and temporary staff.












(7)


The introduction of this specific category of servants does not affect Article 29 of the Staff Regulations, which provides that internal competitions are only open to officials and temporary staff
, and no provision of this Regulation may be construed as giving accredited parliamentary assistants privileged or direct access to posts of officials or other categories of servants of the European Communities or to internal competitions for such posts
.









Amendment 55


Proposal for a regulation — amending act


Recital 7a (new)





 










(7a)





As is the case for contract staff, Articles 27 to 34 of the Staff Regulations do not apply to accredited parliamentary assistants.










Amendment 56


Proposal for a regulation — amending act


Recital 8











(8)




Parliamentary
 assistants thus constitute a category of 
staff
 specific to the European Parliament, in particular with regard to the fact that they 
support Members of Parliament in their capacity as democratically elected representatives entrusted with a mandate, in carrying out their duties
.












(8)




Accredited parliamentary
 assistants thus constitute a category of 
other servants
 specific to the European Parliament, in particular with regard to the fact that they 
provide, under the direction and authority of one or several Members of the European Parliament and in a relationship of mutual trust, direct assistance to that Member or those Members in the exercise of their functions as Members of the European Parliament
.









Amendment 57


Proposal for a regulation — amending act


Recital 9











(9)


Accordingly, it is necessary to amend the Conditions of Employment of other servants 
to a limited extent
 in order to incorporate this new category of 
staff
.












(9)


Accordingly, it is necessary to amend the Conditions of employment of other servants in order to incorporate this new category of 
other servants, taking account, on the one hand, of the specific nature of the duties, functions and responsibilities of accredited parliamentary assistants, which are designed to allow them to provide direct assistance to Members of the European Parliament in the exercise of their functions as Members of the European Parliament, under their direction and authority, and, on the other, of the contractual relationship between those accredited parliamentary assistants and the Parliament
.









Amendment 58


Proposal for a regulation — amending act


Recital 9a (new)





 










(9a)





Where provisions of the Conditions of employment of other servants apply to accredited parliamentary assistants, directly or by analogy, these factors must be taken into account, having strict regard in particular to the mutual trust which has to characterise the relationship between the accredited parliamentary assistants and the Member or Members of the European Parliament whom they assist.










Amendment 59


Proposal for a regulation — amending act


Recital 10











(10)


In the light of the nature of the duties of assistants, it is necessary to provide for only one category of assistants, but divided into grades, to which assistants should be assigned 
according to criteria to be determined in an
 internal decision of the European Parliament.












(10)


In the light of the nature of the duties of 
accredited parliamentary
 assistants, it is necessary to provide for only one category of 
accredited parliamentary
 assistants, but divided into grades, to which 
such
 assistants should be assigned 
by indication of the Members concerned in accordance with specific implementing measures adopted by
 internal decision of the European Parliament.









Amendment 60


Proposal for a regulation — amending act


Recital 11











(11)


The contracts of parliamentary assistants concluded between them and the European Parliament should be based on mutual trust between the parliamentary assistant and the Member or Members 
of the European Parliament
 whom he assists.












(11)


The contracts of 
accredited
 parliamentary assistants concluded between them and the European Parliament should be based on mutual trust between the 
accredited
 parliamentary assistant and the Member or Members whom he assists. 
The duration of such contracts should be directly linked to the duration of the mandate of the Members concerned.











Amendment 61


Proposal for a regulation — amending act


Recital 11a (new)





 










(11a)





Accredited Parliamentary assistants should have statutory representation outside the system that applies to officials and other staff of the European Parliament. Their representatives should act as interlocutor vis-à-vis the competent authority of the European Parliament, taking into account that a formal link should be established between the statutory representation of the Staff and the autonomous representation of the assistants.










Amendment 62


Proposal for a regulation — amending act


Recital 12











(12)


The principle of budgetary neutrality should be observed in respect of the introduction of this new category of staff. 
In this respect, the European Parliament shall pay into the general budget of the European Union the entire amount of the contributions needed to finance the pension scheme with the exception of the contribution under Article 83(2) of the Staff Regulations which is deducted monthly from the salary of the person concerned.














(12)


The principle of budgetary neutrality should be observed in respect of the introduction of this new category of staff.









Amendment 64


Proposal for a regulation — amending act


Recital 12a (new)





 










(12a)





The implementing measures laid down by internal decision of the European Parliament should include further rules for the implementation of this Regulation, based on the principle of sound financial management as set out in Title II of the Financial Regulation (4).










Amendment 65


Proposal for a regulation — amending act


Article 1a (new)





 




Article 1a




The appropriations entered in the European Parliament section of the general budget of the European Union and earmarked to cover parliamentary assistance, the annual amounts of which will be determined within the framework of the annual budgetary procedure, shall cover all the costs directly associated with Members' assistants, be they accredited assistants or local assistants
.





Amendment 67


Proposal for a regulation — amending act

Article 2






Within three years of the entry into force of this Regulation, the
 European Parliament shall 
submit
 a report on the application of this Regulation in order to examine the possible need to adapt the rules applying to parliamentary assistants.




The
 European Parliament shall
, no later than 31 December 2011, present
 a report on the application of this Regulation in order to examine the possible need to adapt the rules applying to parliamentary assistants.




 




On the basis of that report, the Commission may make any proposals it deems appropriate to that effect.







Amendment 66


Proposal for a regulation — amending act


Annex — point 1


Regulation No 31 (EEC), 11 (EAEC)


Article 1











1)


in Article 1, the following indent shall be inserted after ‘— special advisers’:












1)


in Article 1, the following indent shall be inserted after ‘— special advisers’:









‘— parliamentary assistants,’.




‘— 
accredited
 parliamentary assistants,’





 



(This amendment applies throughout the text.)






Amendment 68


Proposal for a regulation — amending act


Annex — point 2


Regulation No 31 (EEC), 11 (EAEC)


Article 5a





For the purposes of these Conditions of 
Employment
, ‘parliamentary 
assistant
’means 
staff
 chosen by one or more Members and engaged by way of direct contract 
with
 the European Parliament to 
assist one or more
 Members of the European Parliament, 
as provided for in Article 125(1)
.


For the purposes of these Conditions of 
employment
, ‘
accredited
 parliamentary 
assistants
’means 
persons
 chosen by one or more Members and engaged by way of direct contract 
by
 the European Parliament to 
provide direct assistance, in the premises of the European Parliament at one of its three places of work, to the Member or Members in the exercise of their functions as
 Members of the European Parliament, 
under their direction and authority and in a relationship of mutual trust deriving from the freedom of choice referred to in Article 21 of the Statute for Members of the European Parliament
.





Amendment 20


Proposal for a regulation — amending act


Annex — point 3


Regulation No 31 (EEC), 11 (EAEC)


Chapter 1 — Article 125 — paragraph 1













1.





‘Parliamentary assistant’ means a member of staff engaged by the European Parliament to assist, in the premises of the European Parliament in one of the European Parliament's three places of work, one or more Members in carrying out their parliamentary mandate. He shall carry out tasks which are directly linked to the work of the European Parliament.









deleted








The Parliamentary assistants shall be engaged to perform either part-time or full-time duties without being assigned to a post included in the list of posts appended to the section of the budget relating to the European Parliament.




 





Amendment 69


Proposal for a regulation — amending act


Annex — point 3


Regulation No 31 (EEC), 11 (EAEC)


Chapter 1 — Article 125 — paragraph 2













2.






By internal decision, the
 European Parliament shall adopt 
provisions governing the employment of parliamentary assistants
.














1.






The
 European Parliament shall adopt 
implementing measures by internal decision for the purposes of the application of this Title
.









Amendment 70


Proposal for a regulation — amending act


Annex — point 3


Regulation No 31 (EEC), 11 (EAEC)


Chapter 1 — Article 125 — paragraph 3













3.






Parliamentary
 assistants shall be paid from the 
total
 appropriations allocated to the section of the budget relating to the European Parliament.














2.






Accredited parliamentary
 assistants shall 
not be assigned to a post included in the list of posts appended to the section of the budget relating to the European Parliament. Their remuneration shall be financed under the appropriate budget heading and they shall
 be paid from the appropriations allocated to the section of the budget relating to the European Parliament.









Amendment 71


Proposal for a regulation — amending act


Annex — point 3


Regulation No 31 (EEC), 11 (EAEC)


Chapter 1 — Article 126 — paragraph 1











1.




Parliamentary assistants
 shall be classified by grade.












1.




The accredited parliamentary assistant
 shall be classified by grade 
by indication given by the Member or Members whom the assistant will support, in accordance with the implementing measures referred to in Article 125(1). For classification in grades 14-19 as set out in Article 134, accredited parliamentary assistants shall be required, as a minimum, to have a university degree or equivalent professional experience
.









Amendment 72


Proposal for a regulation — amending act



Annex — point 3



Regulation No 31 (EEC), 11 (EAEC)


Chapter 1 — Article 126 — paragraph 2











2.


Article 1e of the Staff Regulations, on measures of a social nature and working conditions, shall apply by analogy.












2.


Article 1e of the Staff Regulations, on measures of a social nature and working conditions, shall apply by analogy
, provided that such measures are compatible with the particular nature of the tasks and responsibilities taken on by accredited parliamentary assistants.










 




By way of derogation from Article 7, the arrangements relating to the autonomous representation of accredited parliamentary assistants shall be laid down by the implementing measures referred to in Article 125(1) taking into account that a formal link shall be established between the statutory representation of the Staff and the autonomous representation of the assistants
.





Amendment 73


Proposal for a regulation — amending act


Annex — point 3


Regulation No 31 (EEC), 11 (EAEC)


Chapter 2 — Article 127





Articles 11 to 26a of the Staff Regulations shall apply by analogy. 
The European Parliament shall determine in an internal decision practical implementing measures that
 take account of the specific nature of the working relationship between Members and their assistants.


Articles 11 to 26a of the Staff Regulations shall apply by analogy. 
Having strict regard in particular to the specific nature of the functions and duties of accredited parliamentary assistants and the mutual trust which has to characterise the relationship between them and the Member or Members of the European Parliament whom they assist, the implementing measures relating to this area adopted pursuant to Article 125(1) shall
 take account of the specific nature of the working relationship between Members and their 
accredited parliamentary
 assistants.





Amendment 26


Proposal for a regulation — amending act


Annex — point 3


Regulation No 31 (EEC), 11 (EAEC)


Chapter 3 — Article 128 — paragraph 1











1.


Article 1d of the Staff Regulations shall apply by analogy.












1.


Article 1d of the Staff Regulations shall apply by analogy
, taking into account the relationship of mutual trust between the Member of the European Parliament and his accredited parliamentary assistant or assistants, it being understood that Members of the European Parliament may base their selection of accredited parliamentary assistants also on political affinity
.









Amendment 74


Proposal for a regulation — amending act


Annex — point 3


Regulation No 31 (EEC), 11 (EAEC)


Chapter 3 — Article 128 — paragraph 2 — introductory part











2.




A
 parliamentary assistant shall be selected by the Member or Members of the European Parliament whom he is to assist. Without prejudice to any additional requirements which may be laid down in the 
provisions
 referred to in Article 
125(2),
 the assistant may be engaged only on condition that he:












2.




An accredited
 parliamentary assistant shall be selected by the Member or Members of the European Parliament whom he is to assist. Without prejudice to any additional requirements which may be laid down in the 
implementing measures
 referred to in Article 
125(1

), the assistant may be engaged only on condition that he:









Amendment 28


Proposal for a regulation — amending act


Annex — point 3


Regulation No 31 (EEC), 11 (EAEC)


Chapter 3 — Article 128 — paragraph 2 — point e











(e)




produces evidence of
 a thorough knowledge of one of the languages of the Community and 
appropriate
 knowledge of another Community language 
to the extent necessary for the duties he is called upon to perform
 and












(e)




has
 a thorough knowledge of one of the languages of the Community and 
a satisfactory
 knowledge of another Community language and









Amendment 29


Proposal for a regulation — amending act


Annex — point 3


Regulation No 31 (EEC), 11 (EAEC)


Chapter 3 — Article 129







Article 129






deleted














1.





A parliamentary assistant shall serve a probationary period of three months.







 












2.





Where during his probationary period a parliamentary assistant is prevented by sickness or accident from performing his duties for one month or more, the authority referred to in the first paragraph of Article 6 may, at the Member's request, extend his probationary period by the corresponding length of time.







 












3.





Not less than one month before the expiry of the probationary period, a report on his ability to perform his duties and also on his conduct and efficiency shall be made by the Member of the European Parliament if the work of the parliamentary assistant has not proved adequate to justify retention in his function. That report shall be communicated to the person concerned, who shall have the right to submit his comments in writing within a period of eight days, by the authority referred to in the first paragraph of Article 6. If necessary, the abovementioned parliamentary assistant shall be dismissed by the authority referred to in the first paragraph of Article 6, provided the report was communicated to him before the end of the probationary period.







 












4.





A parliamentary assistant dismissed during the probationary period shall be entitled to compensation equal to one third of his basic salary per month of probation completed.







 





Amendment 30


Proposal for a regulation — amending act


Annex — point 3


Regulation No 31 (EEC), 11 (EAEC)


Chapter 3 — Article 130 — paragraph 1











1.




Before being engaged, a
 parliamentary assistant shall provide evidence of physical fitness to the European Parliament's medical service in order that the European Parliament may be satisfied that he fulfils the requirements of Article 128(2)(d).












1.




An accredited
 parliamentary assistant shall provide evidence of physical fitness to the European Parliament's medical service in order that the European Parliament may be satisfied that he fulfils the requirements of Article 128(2)(d).









Amendment 31


Proposal for a regulation — amending act


Annex — point 3


Regulation No 31 (EEC), 11 (EAEC)

Chapter 3 — Article 131 — paragraph 1











1.


The contracts of parliamentary assistants shall be concluded for a fixed period. Without prejudice to Article 140, the contracts shall expire at the latest by the end of the parliamentary term during which they were concluded.












1.


The contracts of 
accredited
 parliamentary assistants shall be concluded for a fixed period 
and shall specify the grade in which the assistant is classified. A fixed-term contract shall not be extended more than twice during a parliamentary term. Unless otherwise specified in the contract itself, the contract shall terminate at the end of the parliamentary term during which it was concluded.
 Without prejudice to Article 140, the contracts shall expire at the latest by the end of the parliamentary term during which they were concluded.









Amendment 75


Proposal for a regulation — amending act


Annex — point 3


Regulation No 31 (EEC), 11 (EAEC)


Chapter 3 — Article 131 — paragraph 2











2.


The 
European Parliament shall adopt an internal decision defining the criteria applicable to
 classification 
on engagement
.












2.


The 
implementing measures referred to in Article 125(1) shall set out a transparent framework for
 classification 
taking account of Article 128(2)(f)
.









Amendment 33


Proposal for a regulation — amending act


Annex — point 3


Regulation No 31 (EEC), 11 (EAEC)


Chapter 4 — Article 132 — paragraph –1 (new)





 










–1.





Accredited parliamentary assistants shall be engaged to perform either part-time or full-time duties.










Amendment 76


Proposal for a regulation — amending act


Annex — point 3


Regulation No 31 (EEC), 11 (EAEC)


Chapter 4 — Article 132 — paragraph 2











2.




Assistants
 may not be required to work overtime except in the event of an emergency or exceptional workload.












2.




Accredited parliamentary assistants
 may not be required to work overtime except in the event of an emergency or exceptional workload. 
Article 56(1) shall apply by analogy. The implementing measures referred to in Article 125(1) may lay down rules in this regard.











Amendment 77


Proposal for a regulation — amending act


Annex — point 3


Regulation No 31 (EEC), 11 (EAEC)


Chapter 5 — Article 133





Save as otherwise provided in Articles 134 and 135, Article 19, Article 20(1) to (3) and Article 21 of these Conditions of Employment and Article 16 of Annex VII to the Staff Regulations (remuneration and expenses) shall apply by analogy. The arrangements for reimbursement of mission expenses shall be laid down in the 
provisions
 referred in 
Article 125(2)
.


Save as otherwise provided in Articles 134 and 135, Article 19, Article 20(1) to (3) and Article 21 of these Conditions of Employment and Article 16 of Annex VII to the Staff Regulations (remuneration and expenses) shall apply by analogy. The arrangements for reimbursement of mission expenses shall be laid down in the 
implementing measures
 referred 
to
 in 
Article 125(1)
.





Amendment 78


Proposal for a regulation — amending act


Annex — point 3


Regulation No 31 (EEC), 11 (EAEC)


Chapter 5 — Article 134 — table














Grade


1


2


3


4




Full-time basic salary




1 193,00






1 389,85






1 619,17






1 886,33






Grade


5


6


7


8




Full-time basic salary




2 197,58






2 560,18






2 982,61






3 474,74






Grade


9


10


11


12




Full-time basic salary




4 048,07






4 716,00






5 494,14






6 400,67






Grade


13


14


 


 




Full-time basic salary




7 456,78






8 687,15




 


 















Grade


1


2


3


4




Full-time basic salary




1 619,17






1 886,33






2 045,18






2 217,41






Grade


5


6


7


8




Full-time basic salary




2 404,14






2 606,59






2 826,09






3 064,08






Grade


9


10


11


12




Full-time basic salary




3 322,11






3 601,87






3 905,18






4 234,04






Grade


13


14




15






16






Full-time basic salary




4 590,59






4 977,17






5 396,30






5 850,73








Grade






17






18






19




 






Full-time basic salary






6 343,42






6 877,61






7 456,78




 









Amendment 79


Proposal for a regulation — amending act


Annex — point 3


Regulation No 31 (EEC), 11 (EAEC)


Chapter 5 — Article 135





By way of derogation from the last subparagraph of Article 4(1) of Annex VII to the Staff Regulations, the expatriation allowance shall not be less than 
EUR 250
.


By way of derogation from the last subparagraph of Article 4(1) of Annex VII to the Staff Regulations, the expatriation allowance shall not be less than 
EUR 350
.





Amendment 80


Proposal for a regulation — amending act


Annex — point 3


Regulation No 31 (EEC), 11 (EAEC)


Chapter 6 — Article 137 — paragraph 1











1.


By way of derogation from the second subparagraph of Article 96(3) and without prejudice to the other provisions of that Article, the amounts calculated under that provision may neither be less than 
EUR 700
 nor exceed EUR 2 000.












1.


By way of derogation from the second subparagraph of Article 96(3) and without prejudice to the other provisions of that Article, the amounts calculated under that provision may neither be less than 
EUR 850
 nor exceed EUR 2 000.









Amendment 81


Proposal for a regulation — amending act


Annex — point 3


Regulation No 31 (EEC), 11 (EAEC)


Chapter 6 — Article 137 — paragraph 3













3.





The European Parliament shall pay into the general budget of the European Union the entire amount of the contributions needed to finance the pension scheme with the exception of the contribution under Article 83(2) of the Staff Regulations which is deducted monthly from the salary of the person concerned.









deleted







Amendment 82


Proposal for a regulation — amending act


Annex — point 3


Regulation No 31 (EEC), 11 (EAEC)


Chapter 8 — Article 139





The provisions of Title VII of the Staff Regulations on appeals shall apply by analogy.


The provisions of Title VII of the Staff Regulations on appeals shall apply by analogy. 
The implementing measures referred to in Article 125(1) may lay down complementary rules on the internal procedures.







Amendment 43


Proposal for a regulation — amending act


Annex — point 3


Regulation No 31 (EEC), 11 (EAEC)


Chapter 9 — Article 140 — paragraph 1 — point d











(d)


at the end of the period of notice specified in the contract, which shall give the parliamentary assistant or the European Parliament the 
option
 to terminate the contract before its expiry. The period of notice shall not be less than one month per year of service, subject to a minimum of one month and a maximum of three months. The period of notice shall not, however, start to run during maternity leave or sick leave, provided such sick leave does not exceed three months. It shall, moreover, be suspended during maternity or sick leave subject to these limits.












(d)




taking into account the fact that trust is the basis of the relationship between the Member and his accredited parliamentary assistant,
 at the end of the period of notice specified in the contract, which shall give the 
accredited
 parliamentary assistant or the European Parliament
, acting at the request of the Member or Members of the European Parliament whom the accredited parliamentary assistant was taken on to assist,
 the 
right
 to terminate the contract before its expiry. The period of notice shall not be less than one month per year of service, subject to a minimum of one month and a maximum of three months. The period of notice shall not, however, start to run during maternity leave or sick leave, provided such sick leave does not exceed three months. It shall, moreover, be suspended during maternity or sick leave subject to these limits.









Amendment 44


Proposal for a regulation — amending act


Annex — point 3


Regulation No 31 (EEC), 11 (EAEC)


Chapter 9 — Article 140 — paragraph 2











2.


Where the contract ceases pursuant to paragraph 1(c) 
or the European Parliament terminates the contract pursuant to paragraph 1(d)
, the parliamentary assistant shall be entitled to compensation equal to one third of his basic salary for the period between the date when his duties end and the date when his contract expires, subject however to a maximum of three months' basic salary.












2.


Where the contract ceases pursuant to paragraph 1(c), the 
accredited
 parliamentary assistant shall be entitled to compensation equal to one third of his basic salary for the period between the date when his duties end and the date when his contract expires, subject however to a maximum of three months' basic salary.









Amendment 83


Proposal for a regulation — amending act


Annex — point 3


Regulation No 31 (EEC), 11 (EAEC)


Chapter 9 — Article 140 — paragraph 3











3.


Without prejudice to Articles 48 and 50 which are applicable by analogy, the employment of 
a
 parliamentary assistant may be terminated without notice in serious cases of failure to comply with his obligations, whether intentionally or through negligence on his part. A rseasoned decision shall be taken by the authority referred to in the first paragraph of Article 6, after the person concerned has had an opportunity of submitting his defence.












3.


Without prejudice to Articles 48 and 50 which are applicable by analogy, the employment of 
an accredited
 parliamentary assistant may be terminated without notice in serious cases of failure to comply with his obligations, whether intentionally or through negligence on his part. A reasoned decision shall be taken by the authority referred to in the first paragraph of Article 6, after the person concerned has had an opportunity of submitting his defence.








 




Specific provisions relating to the disciplinary procedure shall be laid down in the implementing measures referred to in Article 125(1)
.





Amendment 46


Proposal for a regulation — amending act


Annex — point 3


Regulation 31 (EEC), 11 (EAEC)


Chapter 9 — Article 140 — paragraph 3a (new)





 










3a.





Periods of employment as an accredited parliamentary assistant shall not be regarded as constituting ‘years of service’ for the purposes of Article 29(3) and (4) of the Staff Regulations.











(1)  Decision 2005/684/EC, Euratom of the European Parliament of 28 September 2005 adopting the Statute for Members of the European Parliament (OJ L 262, 7.10.2005, p. 1).

(2)  See the Minutes.

(3)  
OJ C …



(4)  
Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ L 248, 16.9.2002, p. 1).