REPORT FROM THE COMMISSION TO THE COUNCIL on the use made in 2011 by the institutions of Council Regulations No 495/77, last amended by Regulation No 1945/2006 (on standby duty), No 858/2004 (on particularly arduous working conditions) and No 300/76, last amended by Regulation No 1873/2006 (on shift work)
Date: 2013-02-20
Institutions: European Commission
Subjects: European official, application of EU law, duties of civil servants, indemnification, servant (EU), shift work, working conditions

EUROPEAN 
COMMISSION 

Brussels, 20.2.2013  
COM(2013) 89 final 

REPORT FROM THE COMMISSION TO THE COUNCIL 

on the use made in 2011 by the institutions of Council Regulations No 495/77, last 
amended by Regulation No 1945/2006 (on standby duty), No 858/2004 (on particularly 
arduous working conditions) and No 300/76, last amended by Regulation No 1873/2006 
(on shift work) 

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REPORT FROM THE COMMISSION TO THE COUNCIL 

on the use made in 2011 by the institutions of Council Regulations No 495/77, last 
amended by Regulation No 1945/2006 (on standby duty), No 858/2004 (on particularly 
arduous working conditions) and No 300/76, last amended by Regulation No 1873/2006 
(on shift work) 

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  2011.  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 shift work (Council 
Regulation No 300/76). 

2. 

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  
indirect action, or 

paid from operating appropriations and employed in: 

– 
– 
– 
– 

– 

the running or supervision of technical installations, 
a safety and security department, 
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 
a  mechanism  established  to  provide  assistance  to  Member  States  24  hours  a 
day,  seven  days  a  week  (MS  24/7),  for  emergency  and  crisis  coordination 
arrangements  or  in  services  where  there  is  a  confirmed  necessity  for  the 
execution of tasks in order to guarantee a mechanism for providing assistance 
to Member States. 

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; 

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– 
– 
– 

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 (= EUR 0.85 
in 2011 under arrangements in force since 1/7/2010). 

2.1. 

Number of beneficiaries per type of standby duty: 

Institution 

At home 

At home and at 
the place of 
work 

At the place of 
work 

Total  

Commission 

311

42

43 

396

of which: JRC 

192 

13 

31 

236 

Council 

Parliament 

Court of Justice 

Court of Auditors 

EESC 

CoR 

EDPS 

EEAS 

Ombudsman 

Total 

50

0

0

8

0

0

0

28

0

397

0

0

0

0

0

0

0

0

0

0 

0 

0 

7 

0 

0 

0 

0 

0 

50

0

0

15

0

0

0

28

0

42

50 

489

2.2. 

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

Institution 

AD 

AST 

Total 

FG I 

FG II 

FG III   FG IV 

Contract staff 

Commission 

134 

230

25

of which: JRC 

86 

127 

20 

0 

Council 

Parliament 

9 

0 

2

0

39

0

3 

EN 

3 

1

0

0

6 

0 

0 

0 

396

0 

236 

0 

0 

50

0

   EN 

 
Court of Justice 

Court of Auditors 

EESC 

CoR 

EDPS 

EEAS 

Ombudsman 

0 

1 

0 

0 

0 

9 

0 

0

6

0

0

0

19

0

0

8

0

0

0

0

0

Total 

153 

294

35

0

0

0

0

0

0

0

1

0 

0 

0 

0 

0 

0 

0 

6 

0 

0 

0 

0 

0 

0 

0 

0 

0

15

0

0

0

28

0

489

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2.3. 

Number of beneficiaries per type of employment: 

Institution 

JRC 

Indirect 
action 

Technical 
installations 

Safety 

ICT 

CFSP/
ESDP 

MS 
24/7 

Total 

Commission 

236 

of which: JRC 

236 

0 

Council 

Parliament 

Court of Justice 

Court of Auditors 

EESC 

CoR 

EDPS 

EEAS 

Ombudsman 

0 

0 

0 

0 

0 

0 

0 

0 

0 

Total 

236 

0

0

0

0

0

0

0

0

0

0

0

25

25

68 

0 

42

396

0 

0 

0 

0 

0 

236 

26

17

0

0

0

0

0

0

0

0

0

0

8

0

0

0

2

0

0 

0 

0 

7 

0 

0 

0 

0 

0 

51

52

75 

7 

0 

0 

0 

0 

0 

0 

24 

0 

31 

0

0

0

0

0

0

0

2

0

50

0

0

15

0

0

0

28

0

44

489

3. 

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 (= EUR 0.85 
in 2011 under arrangements in force since 1/7/2010). 

3.1. 

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

Institution 

AD 

AST 

Contract staff 

Total 

FG I 

FG II 

FG III 

FG IV 

Commission 

of which: JRC 

30 

176

8

0

19

1 

234

30 

168 

1 

0 

19 

1 

219 

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Council 

Parliament 

Court of Justice 

Court of Auditors 

EESC 

CoR 

EDPS 

EEAS 

Ombudsman 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0

0

0

0

0

0

0

0

0

Total

30 

176

4. 

SHIFT WORK ALLOWANCE 

0

0

0

0

0

0

0

0

0

8

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

19

0 

0 

0 

0 

0 

0 

0 

0 

0 

1 

0

0

0

0

0

0

0

0

0

234

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 
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, 
a service providing support for emergency or crisis coordination arrangements, 
or 
the running or supervision of technical installations. 

Four  different  rates  of  the  monthly  allowance  are  provided  for  (2011  figures  under 
arrangements in force since 1/7/2010): 

– 
– 
– 
– 

rate 1: work involving two shifts, excluding weekends: EUR 382.17. 
rate 2: work involving two shifts, including nights and weekends: EUR 576.84. 
rate 3: 24 hours a day, excluding weekends: EUR 630.69. 
rate 4: 24 hours a day, 7 days a week: EUR 859.84. 

The following figures indicate the number of allowances granted by each institution for 2011. 

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4.1. 

Number of beneficiaries per rate: 

Rate 1 

Rate 2 

Rate 3 

Rate 4 

Institution 

Total 

€ 382.17  

€ 576.84 

€ 630.69  

€ 859.84  

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) 

EEAS 

Ombudsman 

Total 

0 

10

55

21

0

2

0

0

0

18

0

106

26

26 

9 

0

0

0

0

0

0

0

0

0

26

9 

0 

0 

0 

0 

0 

0 

0 

0 

0 

9 

64 

109

22 

57 

23 

5 

0 

8 

0 

0 

0 

16 

0 

116 

78

26

0

10

0

0

0

34

0

257

4.2. 

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

Institution 

AD 

AST 

Total 

FG I 

FG II 

FG III 

FG IV 

Contract staff 

Commission 

of which: JRC 

8 

Council 

Parliament 

Court of Justice 

Court of Auditors 

EESC 

CoR 

EDPS 

1 

0

0

1

0

0

0

0

0

2 

0 

0 

0 

0 

0 

0 

0 

0 

109

0 

57 

0 

0 

0 

0 

0 

0 

0 

78

26

0

10

0

0

0

8

0

0

0

0

0

0

0

83

16

43 

5 

0 

0

0

0

10

0

0

0

78

25

0

0

0

0

0

7 

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EEAS 

Ombudsman 

0

0

8

34

0

220

0

0

26

0

0

1

0 

0 

2 

0 

0 

0 

34

0

257

Total 

4.3. 

Number of beneficiaries per type of employment: 

Institution 

JRC 

Crisis 
/emerg. 
coord. 

ICT 

Safety 

Switchbo
ard/Rece
ption 

CFSP/
ESDP 

Tech. 
installati
ons 

Indirect 
action 

Total 

Commission 

57 

of which: JRC 

57 

0 

Council 

Parliament 

Court 
Justice 

Court 
Auditors 

of 

of 

EESC 

CoR 

EDPS 

EEAS 

Ombudsman 

0 

0 

0 

0 

0 

0 

0 

0 

0 

Total 

57 

0 

0 

0 

0 

0 

0 

0 

0 

0 

8 

0 

8 

3

0

0

0

0

0

0

0

4

0

7

42

0 

0 

75

0

0

8

0

0

0

11

0

136

0 

3

0

26

0

2

0

0

0

0

0

31

0 

0 

3 

0 

0 

0 

0 

0 

0 

11 

0 

14 

0 

4 

0 

0 

0 

0 

0 

0 

0 

0 

0 

4 

0

0

0

0

0

0

0

0

0

0

0

109

57 

78

26

0

10

0

0

34

0

257

5. 

SERVICES CONCERNED AND REASONS 

Parliament,  the  Council,  the  Commission,  the  EEAS  (which  took  over  much  of  the 
Commission’s  former  DG RELEX  the  Commission)  and  the  Court  of  Auditors  have  been 
using the aforementioned types of special working conditions and paying the corresponding 
allowances for some time. The Court of Auditors introduced shift work in 2011. Until now, 
only the Commission has used the allowance for particularly arduous working conditions, at 
the JRC and the Office for Infrastructure and Logistics in Brussels (OIB). 

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5.1. 

Reasons for standby duty 

Commission:   
Joint Research Centre (JRC)   
In  2011,  the  Commission  paid  standby  allowance  to  some  396  members  of  staff, 
approximately 60 % (236) of whom are employed in one of the research centres. Compared to 
last  year,  the  situation  is  generally  stable  (in  2010,  373  members  of Commission  staff  were 
paid this allowance, approximately 60 % (224) 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 
(fire-fighting  service,  radiation  monitoring,  radiation  protection,  etc.).  In  most  cases  at  the 
JRC, standby duty is carried out at home, with the exception of Ispra and Karlsruhe (where 
duties are undertaken at the place of work - or at home and at the place of work - owing to the 
specific nature of the tasks to be performed). 

Other   
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. 
Compared to 2010, there has been an increase in standby services in the fields of information 
and communication technology (ICT) and assistance for Member States (MS 24/7). 

Conclusion 
Standby services as a whole have remained stable. 

Council: The Council paid allowances for standby services to 50 members of its staff in 2011. 
This  represents  a  decrease  on  last  year  (in  2010,  76  members  of  staff  were  paid  this 
allowance). The fields affected are still the running and supervision of technical installations, 
security  services  and  support  for  CFSP/ESDP  (which  recorded  the  greatest  decrease  in  the 
number of beneficiaries as the EEAS took over some of the relevant staff from the Council). 
Standby duty was performed exclusively at home.  

Court  of  Auditors:  In  2010,  the  Court  of  Auditors  set  up  a  standby  service  for  information 
and  communication  technologies  (ICT).  The  Court  of  Auditors  paid  allowances  for  standby 
services  to  15  members  of  its  staff  in  2011.  Compared  to  last  year  (in  2010,  4  members  of 
staff  were  paid  this  allowance)  there  has  been  an  increase  following  the  introduction  of 
security and safety as a new area of standby duty at the Court of Auditors.  

EEAS:  For  years,  the  Commission’s  former  DG  RELEX  used  standby  duty  in  the  field  of 
security services and support for CFSP/ESDP. In 2011, the EEAS (which took on many of the 
staff members and tasks of the former DG RELEX) paid standby allowance to 28 members of 
staff in the following fields: assistance to Member States 24 hours a day, seven days a week 
(MS 24/7), security services and support for CFSP/ESDP. 

5.2. 

Reasons for using the allowance for particularly arduous working conditions 

Commission:  The  Commission  is  the  only  institution  to  have  used  this  possibility  in  2011. 
The  Office  for  Infrastructure  and  Logistics  in  Brussels  (OIB)  introduced  it  in  one  of  its 
services (reproduction service) in 2008; the Joint Research Centre was already using it. 

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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  2011,  the  total  number  of  hours  worked  under  such  conditions  were  broken  down  as 
follows: 

65 138 hours relating to individual protection, 
127 637 hours relating to the place of work, and 
18 916 hours relating to the nature of the work. 

5.3. 

Reasons for shift work 

Commission: Within the Commission, it is the JRC which has the greatest need for this type 
of work organisation, for reasons relating to the nature of the tasks to be performed (57 out of 
a  total  of  109  persons  listed  in  2011).  The  number  of  shift  work  allowances  granted  in  the 
Commission fell slightly (114 granted in 2010), indicating a fairly stable situation. 

In 2011, in the other DGs (operating budget), shift work was performed by 52 persons in the 
following types of services: 

– 
– 
– 
– 

Security and prevention: 42 
Technical installations: 4 
Information and communication technology (ICT): 3 
Telephone/reception: 3 

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

Council:  The  number  of  shift  work  allowances  in  the  Council  stands  at  78  for  2011.  This 
allowance is used primarily in the fields of security and prevention (75 members of staff) and 
CFSP/ESDP  (3  members  of  staff).  Shift  work  consists  of  either  a  two-shift  arrangement 
(rate 1) or a continuous 24-hour service (rate 4). The number of shift work allowances paid in 
the Council fell significantly between 2010 (106) and 2011 (78). 

European  Parliament:  The  European  Parliament  has  been  using  shift  work  since  2008. 
Twenty-six allowances were granted for shift work at Parliament for 2011. This allowance is 
used  exclusively  in  the  telephone  service/reception  domain.  Shift  work  consists  of  either  a 
two-shift arrangement (rate 1) or a continuous 24-hour service (rate 4). The number of shift 
work allowances paid at Parliament increased slightly between 2010 (23) and 2011 (26).  

Court  of  Auditors:  In  2011,  the  Court  of  Auditors  introduced  shift  work  in  the  fields  of 
security and telephone service/reception. Shift work consists of either a two-shift arrangement 
(rate 1) or a continuous 24-hour service (rate 4).  

EEAS: In 2011, the EEAS (which took on many of the staff members and tasks of the former 
DG RELEX) paid 34 allowances in the fields of information and communication technology 
(ICT), security, CFSP/ESDP (part taken over from the Council) and assistance for emergency 
and crisis coordination arrangements. 

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6. 

BUDGET EXPENDITURE, PER INSTITUTION AND PER ALLOWANCE (IN EUR) 

Institution 

Shift work 

Standby duty 

Arduous working 
conditions 

Total 

Commission 

814 005.21 

1 673 630.22 

683 588.52 

3 171 223.95 

of which: JRC 

304 015.74 

670 082.07 

629 213.00 

1 603 310.81 

Council 

452 003.10 

216 404.39 

Parliament 

96 557.43 

Court of Justice 

0 

 0 

0 

Court of Auditors 

65 778.10 

1 304.60* 

EESC 

CoR 

EDPS 

EEAS 

0 

0 

0 

0 

0 

0 

252 130 

35 940 

Ombudsman 

0 

0 

 0 

 0 

0 

0 

0 

0 

0 

0 

0 

668 407.49 

96 557.43 

0 

67 082.70* 

0 

0 

0 

288 070 

Total 

1 680 473.84 

1 927 279.21 

683 588.52 

4 291 341.57 * 

*Incomplete  figure  provided  by  the  Court  of  Auditors  (following  the  non-inclusion  of 
outstanding  expenditure  on  standby  duty  as  at  31/12/2011  in  the  fields  of  security  and 
prevention). 

Total  expenditure,  that  is  the  amount  spent  for  all  three  allowances  in  all  the  European 
institutions, was just under EUR 4.3 million in 2011. 

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