REPORT FROM THE COMMISSION TO THE COUNCIL on the use made in 2008 and 2009 by the institutions of Council Regulations No 300/76, last amended by Regulation No 1873/2006 (on shiftwork), No 495/77, last amended by Regulation No 1945/2006 (on standby duty), and No 858/2004 (on particularly arduous working conditions)
Date: 2010-12-01
Institutions: European Commission
Subjects: European official, allowances and expenses, arrangement of working time, regulations for civil servants, remuneration of work, servant (EU), shift work, working conditions

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EUROPEAN COMMISSION 

Brussels, 1.12.2010 
COM(2010) 702 final 

REPORT FROM THE COMMISSION TO THE COUNCIL 

on the use made in 2008 and 2009 by the institutions of Council Regulations No 300/76, 
last amended by Regulation No 1873/2006 (on shiftwork), No 495/77, last amended by 
Regulation No 1945/2006 (on standby duty), and No 858/2004 (on particularly arduous 
working conditions) 

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REPORT FROM THE COMMISSION TO THE COUNCIL 

on the use made in 2008 and 2009 by the institutions of Council Regulations No 300/76, 
last amended by Regulation No 1873/2006 (on shiftwork), No 495/77, last amended by 
Regulation No 1945/2006 (on standby duty), and No 858/2004 (on particularly arduous 
working conditions) 

1. 

Introduction 

The Council Regulations on standby duty  (No 495/77) and on particularly arduous working 
conditions  (No  858/2004)  require  the  Commission  to  report  regularly  to  the  Council  on  the 
number of officials and other servants in each category receiving the allowances referred to in 
the respective Regulations and the total related expenditure. 

This report is based on the latest full-year figures available at the time of its preparation and 
thus refers to 2008 and 2009. It covers all the Institutions, and for the sake of completeness 
also  contains  the  same  type  of  information  on  the  use  of  continuous  work  and  shiftwork 
(Council Regulation No 300/76). 

2. 

Shiftwork allowance 

The  legal  bases  for  this  allowance  are  Article  56a  of  the  Staff  Regulations  and  Council 
Regulation  No  300/76  of  9  February  1976,  as  last  amended  by  Council  Regulation 
No 1873/2006 of 11 December 2006. 

Payment of the allowance is limited to officials and other servants 

paid from research appropriations and employed in: 

– 
– 

an establishment of the Joint Research Centre (JRC), or 
in indirect action, or  

paid from operating appropriations and employed in: 

– 
– 
– 
– 

– 

an information and communication technology (ICT) services department, 
a safety and security department, 
a telephone switchboard/information service or at a reception desk, 
a department providing support for the Common Foreign and Security Policy 
(CFSP)/European  Security  and  Defence  Policy  (ESDP)  or  for  emergency  and 
crisis coordination arrangements, or 
employed to run or supervise technical installations. 

Four different rates of the monthly allowance are provided for (2009 figures): 

– 
– 
– 
– 

rate 1: work involving two shifts, excluding weekends: EUR 374.98 
rate 2: work involving two shifts, including nights and weekends: EUR 565.98 
rate 3: 24 hours per day, excluding weekends: EUR 618.82 
rate 4: 24 hours per day, 7 days a week: EUR 843.65. 

The following figures indicate the number of allowances granted by each institution for 2008 
and 2009. 

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2.1. 

Number of beneficiaries per rate: 

2008 figures 

Institution 

Rate 1 

Rate 2 

Rate 3 

Rate 4 

Total 

EUR 
368.17 

EUR 
555.70 

EUR 
607.58 

EUR 
828.33 

Commission 
of which: JRC 
Council 
Parliament 
Court of Justice 
Court of Auditors 
European Economic and Social 
Committee (EESC) 
Committee of the Regions (CoR) 
European Data 
Protection Supervisor (EDPS) 
Ombudsman 
Total 

2009 figures 

0 

23

54
22
0
0

0
0

0
0
99

33

33 

8 

0
0
0
0

0
0

0
0
33

 64 

8

0
0
0
0

0
0

0
0
8

23 

58 

46 
0 
0 
0 

0 
0 

0 
0 
104 

122

100
22
0
0

0
0

0
0
244

Institution 

Rate 1 

Rate 2 

Rate 3 

Rate 4 

Total 

EUR 
374.98 

EUR 
565.98 

EUR 
618.82 

EUR 
843.65 

Commission 
of which: JRC 
Council 
Parliament 
Court of Justice 
Court of Auditors 
European Economic and Social 
Committee (EESC) 
Committee of the Regions (CoR) 
European Data 
Protection Supervisor 
Ombudsman 
Total 

0 

20

51
22
0
0

0
0

0
0
93

32

32 

8 

0
0
0
0

0
0

0
0
32

8

0
0
0
0

0
0

0
0
8

23 

58 

47 
0 
0 
0 

0 
0 

0 
0 
105 

118

63 

98
22
0
0

0
0

0
0
238

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2.2. 

Number of beneficiaries (officials/temporary staff and contract staff): 

2008 figures 

Institution 
Commission 
of which: JRC 
Council 
Parliament 
Court of Justice 
Court of Auditors 
EESC 
CoR 

EDPS 
Ombudsman 
Total 

2009 figures 

Institution 
Commission 
of which: JRC 
Council 
Parliament 
Court of Justice 
Court of Auditors 
EESC 
CoR 

EDPS 
Ombudsman 
Total 

AD 

AST 

Contract 
staff 

10

9 

47 

0
0
0
0
0
0

0
0
10

97

100
22
0
0
0
0

0
0
219

AD 

AST 

10

9 

46 

93

98
22
0
0
0
0

0
0
213

0
0
0
0
0
0

0
0
10

Total  

15

122 

8 

64 

0
0
0
0
0
0

0
0
15

100 
22 
0 
0 
0 
0 

0 
0 
244 

Contract 
staff 

Total  

15

118 

8 

63 

0
0
0
0
0
0

0
0
15

98 
22 
0 
0 
0 
0 

0 
0 
238 

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2.3. 

Number of beneficiaries per type of employment: 

2008 figures 

Institution 

JRC 

Commission 
of which: JRC 
Council 
Parliament 
Court of Justice 
Court of Auditors 
EESC 
CoR 

EDPS 
Ombudsman 
Total 

64 

64 

0 
0 
0 
0 
0 
0 

0 
0 
64 

2009 figures 

Institution 

JRC 

Commission 
of which: JRC 
Council 
Parliament 
Court of Justice 
Court of Auditors 
EESC 
CoR 

EDPS 
Ombudsman 
Total 

63 

63 

0 
0 
0 
0 
0 
0 

0 
0 
63 

Indirect 
action 

ICT  Security Switchboard
/Reception 

CFSP/ES
DP 

Technical 
installations 

0 

0 
0 
0 
0 
0 
0 

0 
0 
0 

5

0
0
0
0
0

0
0
5

28

73
0
0
0
0
0

0
0
101

12

0
22
0
0
0
0

0
0
34

0 

27 
0 
0 
0 
0 
0 

0 
0 
27 

13

0
0
0
0
0
0

0
0
13

Indirect 
action 

ICT Security  Switchboard

/Reception 

CFSP/ES
DP 

Technical 
installations 

0

0
0
0
0
0
0

0
0
0

5

0
0
0
0
0
0

0
0
5

28

71
0
0   
0   
0   
0   

0   
0   
99

9

0
22

31

0 

27 
0 
0 
0 
0 
0 

0 
0 
27 

13

0
0
0
0
0
0

0
0
13

3. 

Standby duty allowance 

The  legal  bases  for  this  allowance  are  Articles  55  and  56b  of  the  Staff  Regulations  and 
Council  Regulation  No  495/77  of  8  March  1977,  as  last  amended  by  Council  Regulation 
No 1945/2006 of 11 December 2006. 

Payment of the allowance is limited to officials and other servants 

paid from research appropriations and  

– 
– 

employed in an establishment of the Joint Research Centre (JRC) or  
in indirect action, or 

paid from operating appropriations and  

– 

employed to run or supervise technical installations,  

or employed to work in 

– 

a safety and security department, 

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– 
– 

– 

an information and communication technology (ICT) services department, 
a department providing support for the Common Foreign and Security Policy 
(CFSP)/European  Security  and  Defence  Policy  (ESDP)  or  for  emergency  and 
crisis coordination arrangements, or 
for  the  purposes  of  a  mechanism  established  to  provide  assistance  to 
Member States 24 hours a day, seven days a week (MS 24/7). 

The  standby  duty  allowance  is  expressed  in  points.  The  number  of  points  granted  for  each 
hour of actual standby duty is fixed as follows: 

– 
– 
– 
– 

standby duty at home, working day: 2.15 points. 
standby duty at home, weekend: 4.3 points. 
standby duty at the place of work, working day: 11 points. 
standby duty at the place of work, weekend: 22 points. 

Each point is equal to 0.032% of the basic salary of an official in grade 1, step 1 (= €0.83 in 
2009). 

3.1. 

Number of beneficiaries per type of standby duty: 

2008 figures 

Institution 

Commission 
of which: JRC 
Council 
Parliament 
Court of Justice 
Court of Auditors 
EESC 
CoR 
EDPS 
Ombudsman 
Total 

At home 
228

At home and at 
the place of work 
114

At the place of 
work 

197 

20 

33 

69
0
0
0
0
0
0
0
297

0
0
0
0
0
0
0
0
114

Total 

375

250 

69
0
0
0
0
0
0
0
444

33 

0 
0 
0 
0 
0 
0 
0 
0 
33 

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2009 figures 

Institution 

Commission 
of which: JRC 
Council 
Parliament 
Court of Justice 
Court of Auditors 
EESC 
CoR 
EDPS 
Ombudsman 
Total 

At home and at the 
place of work 

At the place of 
work 

At home 
227

193 

14 

70
0
0
0
0
0
0
0
297

35 

116

0
0
0
0
0
0
0
0
116

45 

0 
0 
0 
0 
0 
0 
0 
0 
45 

Total 

388

242 

70
0
0
0
0
0
0
0
458

3.2. 

Number of beneficiaries (officials/temporary staff and contract staff): 

2008 figures 

Institution 

AD 

AST 

Contract staff 

Total 

Commission 
of which: JRC 
Council 
Parliament 
Court of Justice 
Court of Auditors 
EESC 
CoR 
EDPS 
Ombudsman 
Total 

83 

113

13
0
0
0
0
0
0
0
126

138 

29 

224

54
0
0
0
0
0
0
0
278

250 

38

2
0
0
0
0
0
0
0
40

375 

69 
0 
0 
0 
0 
0 
0 
0 
444 

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2009 figures 

Institution 

AD 

AST 

Contract staff  Total  

Commission 
of which: JRC 
Council 
Parliament 
Court of Justice 
Court of Auditors 
EESC 
CoR 
EDPS 
Ombudsman 
Total 

80 

122

18
0
0
0
0
0
0
0
140

131 

31 

226

50
0
0
0
0
0
0
0
276

3.3. 

Number of beneficiaries per type of employment: 

242 

40

2
0
0
0
0
0
0
0
42

388 

70 
0 
0 
0 
0 
0 
0 
0 
458 

2008 figures 

Institution 

JRC 

Commission 
of which: JRC 
Council 
Parliament 
Court of Justice 
Court of Auditors 
EESC 
CoR 
EDPS 
Ombudsman 
Total 

250 

250 

0 
0 
0 
0 
0 
0 
0 
0 
250 

Indirect 
action 

Technical 
installations

Security

ICT  CFSP/ESDP MS 
24/7 

0

0
0
0
0
0
0
0
0
0

19

23
0
0
0
0
0
0
0
42

37

14
0
0
0
0
0
0
0
51

41 

0 
0 
0 
0 
0 
0 
0 
0 
41 

0

32
0
0
0
0
0
0
0
32

28

0
0
0
0
0
0
0
0
28

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2009 figures 

Institution 

JRC 

Commission 
of which: JRC 
Council 
Parliament 
Court of Justice 
Court of Auditors 
EESC 
CoR 
EDPS 
Ombudsman 
Total 

242 

242 

0 
0 
0 
0 
0 
0 
0 
0 
242 

Indirect 
action 

Technical 
installations

Security

ICT  CFSP/ESDP MS 
24/7 

0

0
0
0
0
0
0
0
0
0

17

23
0
0
0
0
0
0
0
40

47

18
0
0
0
0
0
0
0
65

43 

0 
0 
0 
0 
0 
0 
0 
0 
43 

0

29
0
0
0
0
0
0
0
29

39

0
0
0
0
0
0
0
0
39

4. 

Allowance for particularly arduous working conditions 

The  legal  bases  for  this  allowance  are  Article  56c  of  the  Staff  Regulations  and  Council 
Regulation No 858/2004 of 29 April 2004, which replaced Council Regulation No 1799/72. 

The  allowance  for  particularly  arduous  working  conditions  is  expressed  in  terms  of  points 
granted for each hour of actual work, with a distinction being made between special working 
conditions  connected  with  "safety of the individual", "place of work"  and "nature of work". 
The number of points varies between 2, e.g. for an average sound level exceeding 85 decibels, 
and an upper limit of 50 in the case of an official wearing a self-contained fire protection suit. 
Each point is equal to 0.032% of the basic salary of an official in grade 1, step 1 (= €0.83 in 
2009). 

2008 figures 

Institution 
Commission 
of which: JRC 
Council 
Parliament 
Court of Justice 
Court of Auditors 
EESC 
CoR 
EDPS 
Ombudsman 
Total 

AD 

33 

AST 

Contract staff 

Total  

 33 

193

184 

34 

40

251 

33 

193

40

266

0
0
0
0
0
0
0
0
266

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2009 figures 

Institution 
Commission 
of which: JRC 
Council 
Parliament 
Court of Justice 
Court of Auditors 
EESC 
CoR 
EDPS 
Ombudsman 
Total 

AD 

31 

AST 

Contract staff 

Total  

 31 

183

174 

26 

32

246

231 

31 

183

32

246

5. 

Services concerned and reasons 

In 2008, the European Parliament joined the Council and Commission in using these services 
and paying the allowances. The Court of Justice, the Court of Auditors, the Committee of the 
Regions,  the  European  Economic  and  Social  Committee,  the  European  Data  Protection 
Supervisor and the European Ombudsman did not make use of them. Only the Commission 
used the allowance for particularly arduous working conditions, at the JRC and the Office for 
Infrastructure and Logistics in Brussels (OIB). 

5.1. 

Reasons for shiftwork 

Commission: Within the Commission, it is the JRC which has, for mainly technical reasons, 
the greatest need for this type of work organisation (64 out of a total of 122 in 2008 and 63 
out of 118 in 2009). 

In  the  other  DGs  (operational  budget),  shiftwork  was  performed  by  58  persons  in  the 
following types of services: 

– 
– 
– 
– 

Security and prevention: 28 
Technical installations: 13 
Information and communication technology (ICT): 5 
Telephone/reception: 12 

In 2009 in the other DGs (operational budget), shiftwork was performed by 55 persons in the 
following types of services: 

– 
– 
– 
– 

Security and prevention: 28 
Technical installations: 13 
Information and communication technology (ICT): 5 
Telephone/reception: 9 

All four rates (types of allowance) are applied in the Commission, predominantly rates 2 and 
4, with the latter (continuous work) being used mainly in the security services. 

Council:  At  the  Council,  100  allowances  were  granted  for  continuous  work  or  shiftwork  in 
2008  and  98  in  2009.  This  allowance  is  used  exclusively  in  the  areas  of  security  and 
prevention and CFSP/ESDP. Shift work consists of either a two-shift arrangement (rate 1) or a 
continuous 24-hour service (rate 4). 

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European  Parliament  The  European  Parliament  has  been  using  the  continuous  service  or 
shiftwork  since  2008.  Twenty-two  allowances  were  granted  for  shiftwork  at  the  Parliament 
for  the  two  years  in  question.  This  allowance  is  used  exclusively  in  the  telephone 
service/reception domain. The shiftwork used is a two-shift system (rate 1). 

5.2. 

Reasons for standby duty 

Commission:  In  2008,  the  Commission  paid  standby  allowance  to  some  375  members  of 
staff, more than two thirds (250) of whom were employed in one of the research centres. 

In 2009, the Commission paid standby allowance  to some  388 members of staff, more than 
two thirds (242) of whom were employed in one of the research centres. 

The reasons for standby duty are, as in previous years, generally security- and safety-related, 
from  the  fire-fighting  service,  including  radiation  protection,  to  radiation  monitoring,  plus 
some technical services. In most cases at the JRC, standby duty is carried out at home, with 
the  exception  of  Ispra  and  Karlsruhe,  where  duty  is  undertaken  at  the  place  of  work  or  at 
home and at the place of work. 

In  the  other  Commission  directorates-general,  the  standby  services  are  mainly  used  for 
security and safety, technical installations and IT services, plus assistance for Member States. 
There has been a slight rise in standby services in the field of security and information and 
communication  technologies  (ICT),  and  a  higher  rise  in  relation  to  assistance  to  Member 
States. Generally speaking, standby services have remained stable in all services. 

Council: The Council paid allowances for standby services to 69 members of its staff in 2008 
and  to  70  in  2009.  The  services  were  limited  to  the  running  and  supervision  of  technical 
installations,  security  services  and  support  for  CFSP/ESDP.  Standby  duty  was  performed 
exclusively at home. 

5.3. 

Reasons for using the allowance for particularly arduous working conditions 

Commission: The Commission is the only institution to have used this possibility in 2008 and 
2009. Since 2007 the Office for Infrastructure and Logistics in Brussels (OIB) has introduced 
this  possibility  in  one  of  its  services  (reproduction  service)  and  in  the  Common  Research 
Centre, which was already using it. 

With respect to the criteria for arduous working conditions, all three categories listed in the 
Regulation for which the allowance can be granted were applicable, i.e.: 

a)  individual  protection  (e.g.  the  wearing  of  particularly  uncomfortable  protective 
clothing); 
b) the place of work (e.g. high noise levels, dangerous sites), and 
c) the nature of the work (e.g. handling of corrosive substances). 

In  2008,  the  total  number  of  hours  worked  under  such  conditions  were  broken  down  as 
follows: 

89,727 hours relating to individual protection; 
178,593 hours relating to the place of work, and 
23,916 hours relating to the nature of the work. 

In  2009,  the  total  number  of  hours  worked  under  such  conditions  were  broken  down  as 
follows: 

80,764 hours relating to individual protection; 

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165,868 hours relating to the place of work, and 
24,088 hours relating to the nature of the work. 

6. 

Budget expenditure, per institution and per allowance (in EUR) 

Budget expenditure in 2008 

Institution 

Shiftwork 

Standby duty  Arduous working 

Total 

Commission 

of which: 

JRC 
Council 
Parliament 
Court of Justice 
Court of Auditors 
EESC 
CoR 
EDPS 
Ombudsman 
Total 

693 627.34 
259 425.38 

667 117.43 
93 515.18 

1 465 477.80 
602 993.96 

117 843.29 

conditions 

616 941.63 
601 957.53 

2 776 046.77 
1 464 376.87 

784 960.72 
93 515.18 

1 454 259.95 

1 583 321.09 

616 941.63 

3 654 522.67 

Budget expenditure in 2009 

Institution 

Shiftwork 

Standby duty  Arduous working 

Total 

conditions 

Commission 

774 104.21 

1 592 277.26 

507 997.08 

2 874 378.55 

of which: JRC 

290 296.31 

613 506.79 

495 719.22 

650 259.37 
98 994.72 

254 956.96 

1 399 522.32 
905 216.33 
98 994.72 

Council 
Parliament 
Court of Justice 
Court of Auditors 
EESC 
CoR 
EDPS 
Ombudsman 
Total 

1 523 358.30 

1 847 234.22 

507 997.08 

3 878 589.60 

Total  expenditure,  in  other  words  the  amount  spent  on  all  three  allowances  by  all  the 
Community institutions together, was a little under EUR 3.7 million in 2008 and a little under 
EUR 3.9 million in 2009. 

Total  expenditure 
in  2007 
(EUR 3 657 437.21).  A  slight  increase  in  this  expenditure  has  been  observed  in  2009 
(EUR 3 878 589.60). 

in  2008  (EUR  3 654 522.67) 

is  slightly 

lower 

than 

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