Council Regulation (EC) No 160/2009 of 23 February 2009 amending the Conditions of Employment of Other Servants of the European Communities
Date: 2009-02-23
Institutions: Council of the European Union
Subjects: administrative reform, regulations for civil servants, servant (EU)

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Official Journal of the European Union

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(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

I

REGULATIONS

COUNCIL REGULATION (EC) No 160/2009

of 23 February 2009

amending the Conditions of Employment of Other Servants of the European Communities

(2)

(3)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
Community, and in particular Article 283 thereof,

establishing the European

Having regard to the Protocol on the Privileges and Immunities
the European Communities, and in particular Article 13
of
thereof,

Having regard to the proposal presented by the Commission
after consulting the Staff Regulations Committee,

Having regard to the opinion of the European Parliament (1),

Having regard to the opinion of the Court of Justice,

Having regard to the opinion of the opinion of the Court of
Auditors,

Whereas:

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

subject

On 9 July 2008, the Bureau of the European Parliament
the Statute for
adopted implementing measures
Members of
to
Article 34 of those implementing measures, Members
shall make use of:

the European Parliament. Pursuant

for

(a)

‘accredited parliamentary assistants’, employed at one
of the European 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 the European 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’.

(1)

In accordance with Article 21 of Decision 2005/684/EC,
Euratom of the European Parliament of 28 September
the
2005 adopting
Statute
European Parliament (2), Members
to
assistance from personal staff whom they may freely
choose.

for Members of
entitled

the

are

(1) Opinion of 16 December 2008 (not yet published in the Official

Journal).

(2) OJ L 262, 7.10.2005, p. 1.

(4)

the European Parliament

In contrast to local assistants, accredited parliamentary
assistants are, as a general rule, expatriates. They work
in a
in the premises of
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.

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(5)

(6)

(7)

(8)

(9)

to provide

For these reasons, and with a view to ensuring trans­
parency and legal certainty through common rules, it is
appropriate
for accredited parliamentary
assistants to be employed by way of direct contracts
with the European Parliament. However, local assistants,
including those working for Members elected in one of
the Member States in which the European Parliament's
three places of work are located, should continue to be
employed,
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.

accordance with

the

in

the European Communities,

It is therefore appropriate for accredited parliamentary
assistants to be subject to the Conditions of employment
of other servants of
laid
down by Regulation (EEC, Euratom, ECSC) No 259/68
of the Council (1) 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.

The introduction of
this specific category of servants
does not affect Article 29 of the Staff Regulations of
Officials of the European Communities,
laid down by
Regulation (EEC, Euratom, ECSC) No 259/68, hereinafter
referred to as 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 Commu­
nities or to internal competitions for such posts.

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

in particular with regard to the fact

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

(10) Accordingly, it is necessary to amend the Conditions of
employment of other servants of the European Commu­
nities in order to incorporate this new category of other
servants, taking account, on the one hand, of the specific
functions and responsibilities of
nature of

the duties,

the European Parliament

accredited parliamentary assistants, which are designed
to allow them to provide direct assistance to Members
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 European Parliament.

in the exercise of

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

(12)

(13)

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 the implementing measures adopted by
internal decision of the European Parliament.

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.

(14) Accredited parliamentary assistants should have statutory
representation outside the system that applies to officials
and other staff of the European Parliament. Their repre­
sentatives
the
competent authority of the European Parliament, taking
into account that a formal
link should be established
between the statutory representation of staff and the
autonomous representation of assistants.

should act

interlocutor

vis-à-vis

as

(15)

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

(16)

the European Parliament

laid down by internal
The implementing measures
decision of
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 Council Regulation (EC, Euratom)
No 1605/2002 of 25 June 2002 on the Financial Regu­
lation applicable to the general budget of the European
Communities (2).

(1) OJ L 56, 4.3.1968, p. 1.

(2) OJ L 248, 16.9.2002, p. 1.

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(17)

these new provisions should
The entry into force of
coincide with the entry into force of the Statute for
Members of the European Parliament,

of the annual budgetary procedure, cover all the costs directly
associated with Members′ assistants, be they accredited parlia­
mentary assistants or local assistants.

HAS ADOPTED THIS REGULATION:

Article 3

Article 1

the
The Conditions of employment of other
European Communities are hereby amended as set out in the
Annex.

servants of

Article 2

the general budget of

The appropriations entered in the European Parliament section
the European Communities and
of
earmarked to cover parliamentary assistance,
annual
amounts of which will be determined within the framework

the

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 this report, the Commission may make any
proposals it deems appropriate to this effect.

Article 4

This Regulation shall enter into force on the first day of the
European Parliament parliamentary term beginning in 2009.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 23 February 2009.

For the Council
The President

A. VONDRA

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ANNEX

The Conditions of Employment of other servants of the European Communities are hereby amended as follows:

1.

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

‘— accredited parliamentary assistants.’;

2.

the following Article shall be inserted after Article 5:

‘Article 5a

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 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.’;

3. Titles VII and VIII with Articles 125 to 127 become Titles VIII and IX with Articles 140 to 142. A new Title VII shall

be inserted:

‘TITLE VII

PARLIAMENTARY ASSISTANTS

CHAPTER 1

General provisions

Article 125

The European Parliament shall adopt implementing measures by internal decision for the purposes of the

1.
application of this Title.

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.

Article 126

1.
The accredited parliamentary assistant shall be classified by grade in accordance with the indication given by the
Member or Members whom the assistant will support, in accordance with the implementing measures referred to in
Article 125(1). In order to be classified in grades 14 to 19, as set out in Article 133, accredited parliamentary
assistants shall be required, as a minimum, to have a university degree or equivalent professional experience.

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 staff and the autonomous
representation of assistants.

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CHAPTER 2

Rights and obligations

Article 127

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 char­
acterise the working 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.

CHAPTER 3

Conditions of engagement

Article 128

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.

An accredited parliamentary assistant shall be selected by the Member or Members of the European Parliament
2.
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:

(a)

is a national of one of the Member States of the Communities, unless an exception is authorised by the authority
referred to in the first paragraph of Article 6, and enjoys his full rights as a citizen;

(b) has fulfilled any obligations imposed on him by the laws concerning military service;

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

(d) is physically fit to perform his duties;

(e) has a thorough knowledge of one of the languages of the Community and a satisfactory knowledge of another

Community language to the extent necessary for the performance of his duties; and

(f) has completed:

(i) a level of post-secondary education attested by a diploma;

(ii) a level of secondary education attested by a diploma giving access to post-secondary education, and appro­

priate professional experience of at least three years; or

(iii) where justified in the interest of the service, professional training or professional experience of an equivalent

level.

Article 129

An accredited parliamentary assistant shall provide evidence of physical fitness to the European Parliament′s
the European Parliament may be satisfied that he fulfils the requirements of

1.
medical service in order that
Article 128(2)(d).

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2. Where a negative medical opinion is given as a result of the medical examination provided for in paragraph 1,
the candidate may, within 20 days of being notified of this opinion by the institution, request that his case be
submitted for the opinion of a medical committee composed of three doctors chosen by the authority referred to in
the first paragraph of Article 6 from among the institutions' medical officers. The medical officer responsible for the
initial negative opinion shall be heard by the medical committee. The candidate may refer the opinion of a doctor of
his choice to the medical committee. Where the opinion of the medical committee confirms the conclusions of the
medical examination provided for in paragraph 1, the candidate shall pay 50 % of the fees and of the incidental costs.

Article 130

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 contract shall not be extended more than twice during a parliamentary
term. Unless otherwise specified in the contract itself and without prejudice to Article 139(1)(c), the contract shall
terminate at the end of the parliamentary term during which it was concluded.

The implementing measures referred to in Article 125(1) shall set out a transparent framework for classification

2.
taking account of Article 128(2)(f).

3. Where an accredited parliamentary assistant concludes a new contract, a new decision concerning his grading
shall be taken.

CHAPTER 4

Working conditions

Article 131

1.

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

The weekly working hours of an accredited parliamentary assistant shall be set by the Member, but in normal

2.
circumstances may not exceed 42 hours per week.

3.
Accredited parliamentary assistants may not be required to work overtime except in the event of an emergency
or exceptional workload. Article 56, first subparagraph, of the Staff Regulations shall apply by analogy. The im­
plementing measures referred to in Article 125(1) may lay down rules in this regard.

However, overtime worked by accredited parliamentary assistants shall carry no right to compensation or

4.
remuneration.

5.
Articles 42a, 42b, 55a and 57 to 61 of the Staff Regulations (leave, hours of work and public holidays) and
Articles 16(2) to (4) and Article 18 of the present Conditions of employment shall apply by analogy. Special leave,
parental leave and family leave shall not extend beyond the term of the contract.

CHAPTER 5

Remuneration and expenses

Article 132

Save as otherwise provided in Articles 133 and 134, 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).

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Article 133

The scale of basic salaries shall be as provided for in the following table:

Grade

1

2

3

4

5

6

7

Full-time basic
salary

1 619,17

1 886,33

2 045,18

2 217,41

2 404,14

2 606,59

2 826,09

Grade

8

9

10

11

12

13

14

Full-time basic
salary

3 064,08

3 322,11

3 601,87

3 905,18

4 234,04

4 590,59

4 977,17

Grade

15

16

17

18

19

5 396,30

5 850,73

6 343,42

6 877,61

7 456,78

Full-time basic
salary

Article 134

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

CHAPTER 6

Social security benefits

Article 135

Save as otherwise provided in Article 136, Articles 95 to 115 (social security) shall apply by analogy.

Article 136

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.

By way of derogation from Articles 77 and 80 of the Staff Regulations and Articles 101 and 105 of these
2.
Conditions of employment, the minimum amounts used for the purpose of calculating pension and invalidity benefits
shall correspond to the basic salary of an accredited parliamentary assistant in grade 1.

3.

Article 112 shall only apply to contracts concluded for a period not exceeding one year.

CHAPTER 7

Recovery of undue payment

Article 137

The provisions of Article 85 of the Staff Regulations on the recovery of undue payment shall apply mutatis mutandis.

CHAPTER 8

Appeals

Article 138

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.

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CHAPTER 9

Termination of employment

Article 139

1.

Apart from cessation on death, the employment of the accredited parliamentary assistant shall cease:

(a) on the date stated in the contract as provided for in Article 130(1);

(b) at the end of the month in which the accredited parliamentary assistant reaches the age of 65;

(c)

in the case of an assistant engaged to assist only one Member of
to
Article 128(2), at the end of the month in which that Member's term of office ends, whether by death or
resignation or for any other reason;

the European Parliament pursuant

(d) taking into account the fact that trust is the basis of the working 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;

(e) where the accredited parliamentary assistant no longer satisfies the conditions laid down in Article 128(2)(a),
subject to any authorisation of an exception pursuant to that provision. Should an exception not be authorised,
the period of notice referred to in point (d) shall apply.

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.

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 to submit his defence.

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

Periods of employment as an accredited parliamentary assistant shall not be regarded as constituting “years of

4.
service” for the purposes of Article 29(3) and (4) of the Staff Regulations.’;

4.

in Article 126, the words ‘subject to Article 127’ shall be replaced by the words ‘subject to Article 142’.