REPORT FROM THE COMMISSION TO THE COUNCIL on the use made in 2012 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: 2014-09-15
Institutions: European Commission
Subjects: European official, application of EU law, duties of civil servants, indemnification, servant (EU), shift work, working conditions













EUR-Lex - 52014DC0571 - EN











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52014DC0571

REPORT FROM THE COMMISSION TO THE COUNCIL on the use made in 2012 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) /* COM/2014/0571 final */









REPORT
FROM THE COMMISSION TO THE COUNCIL
on
the use made in 2012 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 annually 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
2012. 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;
–              
standby duty at home, weekend and public
holidays: 4.3 points;
–              
standby duty at the place of work, working day:
11 points;
–              
standby duty at the place of work, weekend and
public holidays: 22 points.
Each point is equal to 0.032 % of
the basic salary of an official in grade 1, step 1
(= € 0.85 in 2012 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 || 327 || 55 || 39 || 421 ||
 - of which JRC || 203 || 10 || 28 || 241 ||
 Council || 54 || 0 || 0 || 54 ||
 Parliament || 0 || 0 || 0 || 0 ||
 Court of Justice || 0 || 0 || 0 || 0 ||
 Court of Auditors || 8 || 0 || 0 || 8 ||
 EESC || 0 || 0 || 0 || 0 ||
 CoR || 0 || 0 || 0 || 0 ||
 EDPS || 0 || 0 || 0 || 0 ||
 Ombudsman || 0 || 0 || 0 || 0 ||
 EEAS || 27 || 0 || 0 || 27 ||
 Total || 416 || 55 || 39 || 510 ||
2.2.        Number of beneficiaries
(officials/temporary staff and contract staff):
 Institution || AD || AST || CA || Total 
 FG I || FG II || FG III || FG IV 
 Commission || 145 || 238 || 27 || 2 || 9 || 0 || 421 
 - of which JRC || 90 || 128 || 20 || 1 || 2 || 0 || 241 
 Council || 9 || 43 || 2 || 0 || 0 || 0 || 54 
 Parliament || 0 || 0 || 0 || 0 || 0 || 0 || 0 
 Court of Justice || 0 || 0 || 0 || 0 || 0 || 0 || 0 
 Court of Auditors || 0 || 0 || 8 || 0 || 0 || 0 || 8 
 EESC || 0 || 0 || 0 || 0 || 0 || 0 || 0 
 CoR || 0 || 0 || 0 || 0 || 0 || 0 || 0 
 EDPS || 0 || 0 || 0 || 0 || 0 || 0 || 0 
 Ombudsman || 0 || 0 || 0 || 0 || 0 || 0 || 0 
 EEAS || 11 || 16 || 0 || 0 || 0 || 0 || 27 
 Total || 165 || 297 || 37 || 2 || 9 || 0 || 510 
2.3.        Number of beneficiaries
per type of employment:
 Institution || JRC || Indirect action || Technical installations || Security || ICT || CFSP/ESDP || MS 24/7 || Total 
 Commission || 241 || 0 || 33 || 31 || 60 || 0 || 56 || 421 
 - of which JRC || 241 || 0 || 0 || 0 || 0 || 0 || 0 || 241 
 Council || 0 || 0 || 26 || 17 || 0 || 11 || 0 || 54 
 Parliament || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0 
 Court of Justice || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0 
 Court of Auditors || 0 || 0 || 0 || 8 || 0 || 0 || 0 || 8 
 EESC || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0 
 CoR || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0 
 EDPS || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0 
 Ombudsman || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0 
 EEAS || 0 || 0 || 0 || 3 || 12 || 9 || 3 || 27 
 Total || 241 || 0 || 59 || 59 || 72 || 20 || 59 || 510 
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 (= € 0.85 in 2012 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 || 34 || 184 || 30 || 0 || 1 || 1 || 250 
 - of which JRC || 34 || 175 || 21 || 0 || 1 || 1 || 232 
 Council || 0 || 0 || 0 || 0 || 0 || 0 || 0 
 Parliament || 0 || 0 || 0 || 0 || 0 || 0 || 0 
 Court of Justice || 0 || 0 || 0 || 0 || 0 || 0 || 0 
 Court of Auditors || 0 || 0 || 0 || 0 || 0 || 0 || 0 
 EESC || 0 || 0 || 0 || 0 || 0 || 0 || 0 
 CoR || 0 || 0 || 0 || 0 || 0 || 0 || 0 
 EDPS || 0 || 0 || 0 || 0 || 0 || 0 || 0 
 Ombudsman || 0 || 0 || 0 || 0 || 0 || 0 || 0 
 EEAS || 0 || 0 || 0 || 0 || 0 || 0 || 0 
 Total || 34 || 184 || 30 || 0 || 1 || 1 || 250 
4.           Shift work 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
–              
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
on 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 (2012
figures under arrangements in force since 1/7/2010):
–              
rate 1: work involving two shifts,
excluding weekends and public holidays: € 382.17
–              
rate 2: work involving two shifts,
including nights, weekends and public holidays: € 576.84
–              
rate 3: 24 hours a day, excluding
weekends and public holidays: € 630.69
–              
rate 4: 24 hours a day, 7 days a
week: € 859.84
The following figures indicate the number of allowances granted by
each institution for 2012.
4.1.        Number of beneficiaries
per rate:
 Institution || Rate 1 || Rate 2 || Rate 3 || Rate 4 || Total 
 € 382.17 || € 576.84 || € 630.69 || € 859.84 
 Commission || 7 || 25 || 8 || 61 || 101 
 - of which JRC || 0 || 25 || 8 || 21 || 54 
 Council || 40 || 0 || 0 || 26 || 66 
 Parliament || 28 || 0 || 30 || 6 || 64 
 Court of Justice || 0 || 0 || 0 || 0 || 0 
 Court of Auditors || 2 || 0 || 0 || 8 || 10 
 European Economic and Social Committee (EESC) || 0 || 0 || 0 || 0 || 0 
 Committee of the Regions (CoR) || 0 || 0 || 0 || 0 || 0 
 European Data Protection Supervisor (EDPS) || 0 || 0 || 0 || 0 || 0 
 Ombudsman || 0 || 0 || 0 || 0 || 0 
 EEAS || 27 || 0 || 0 || 17 || 41 
 Total || 104 || 25 || 38 || 118 || 282 
4.2.        Number of beneficiaries
(officials/temporary staff and contract staff):
 Institution || AD || AST || CA || Total 
 FG I || FG II || FG III || FG IV 
 Commission || 8 || 75 || 16 || 0 || 2 || 0 || 101 
 - of which JRC || 8 || 39 || 6 || 0 || 1 || 0 || 54 
 Council || 0 || 66 || 0 || 0 || 0 || 0 || 66 
 Parliament || 0 || 36 || 0 || 28 || 0 || 0 || 64 
 Court of Justice || 0 || 0 || 0 || 0 || 0 || 0 || 0 
 Court of Auditors || 0 || 0 || 10 || 0 || 0 || 0 || 10 
 EESC || 0 || 0 || 0 || 0 || 0 || 0 || 0 
 CoR || 0 || 0 || 0 || 0 || 0 || 0 || 0 
 EDPS || 0 || 0 || 0 || 0 || 0 || 0 || 0 
 Ombudsman || 0 || 0 || 0 || 0 || 0 || 0 || 0 
 EEAS || 0 || 39 || 0 || 2 || 0 || 0 || 41 
 Total || 8 || 216 || 26 || 30 || 2 || 0 || 282 
4.3.        Number of beneficiaries
per type of employment:
 Institution || JRC || Crisis /emerg. coord. || ICT || Security || Switchboard/Reception || CFSP/ESDP || Tech. installations || Indirect action || Total 
 Commission || 54 || 0 || 3 || 40 || 0 || 0 || 4 || 0 || 101 
 - of which JRC || 54 || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 54 
 Council || 0 || 0 || 0 || 63 || 0 || 3 || 0 || 0 || 66 
 Parliament || 0 || 0 || 0 || 58 || 0 || 0 || 6 || 0 || 64 
 Court of Justice || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0 
 Court of Auditors || 0 || 0 || 0 || 8 || 2 || 0 || 0 || 0 || 10 
 EESC || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0 
 CoR || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0 
 EDPS || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0 
 Ombudsman || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0 
 EEAS || 0 || 0 || 16 || 16 || 0 || 9 || 0 || 0 || 41 
 Total || 54 || 0 || 19 || 185 || 2 || 12 || 10 || 0 || 282 
5.           Services concerned and
reasons
Parliament, the Council, the Commission,
the EEAS (which took over much of the Commission’s former DG RELEX) and
the Court of Auditors have been using the aforementioned types of special
working conditions and paying the corresponding allowances for some time. The
Commission remains the only institution to use the allowance for particularly
arduous working conditions, at the JRC and the Office for Infrastructure and
Logistics in Brussels (OIB).
5.1.        Reasons for standby duty
Commission:  
Joint Research Centre (JRC)  
In 2012, the Commission paid standby allowance to some 421 members
of staff, approximately 57 % (241) of whom are 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. 
Council: The Council paid allowances for standby services at home to 54
members of its staff in 2012. The fields in question remain the running and
supervision of technical installations, security services and support
for CFSP/ESDP. Standby duty was performed exclusively at home. 
Court of Auditors: The Court of Auditors paid allowances for standby services at home
to 8 members of its staff in 2012. Allowances were no longer paid in 2012 for
information communication technology (ICT).
EEAS:
In 2012, the EEAS paid allowances for standby services at home to 27 members of
its staff in the following fields: assistance to Member States 24 hours a day,
seven days a week (MS 24/7), security services, support for CFSP/ESDP and
information and communication technology (ICT) services.
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 2012. 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.
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 2012, the total number of hours worked under such conditions were
broken down as follows:
71 603.12 hours
relating to individual protection,
127 587.18
hours relating to the place of work, and
17 284.91
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 (54 out of a total of 2 135 persons listed in 2012).

In 2012, shift work was performed in
the other DGs (operational budget) by 47 persons in the following types of services:
–              
Security and prevention: 40
–              
Technical installations: 4
–              
Information and communication technology (ICT):
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 66 for
2012. This allowance is used primarily in the fields of security and prevention
(63 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). 
European Parliament: The European Parliament has been using shift work since 2008.
Sixty-four allowances were granted for shift work at Parliament for 2012. This
allowance is currently only used in the field of security and is no longer used
at all in the telephone service/reception domain. Shift work consists of either
a two-shift arrangement (rate 1), a 24-hour service, excluding Saturdays,
Sundays and public holidays (rate 3) or a continuous 24-hour service (rate 4). 
Court of Auditors: The Court of Auditors has been using shift work in the fields of
security and telephone service/reception since 2011. Shift work consists of
either a two-shift arrangement (rate 1) or a continuous
24-hour service (rate 4).
EEAS:
In 2012, the EEAS paid 41 allowances in the fields of information and
communication technology (ICT), security and CFSP/ESDP (part taken over from
the Council) but none for assistance for emergency and crisis coordination
arrangements.
6.           Budget expenditure, per
institution and per allowance (in €)
 Institution || Shift work || Standby duty || Arduous working conditions || Total 
 Commission || 790 448.88 || 1 443 239.13 || 639 547.60 || 2 873 235.61 
 - of which JRC || 278 020.18 || 634 603.24 || 614 489.77 || 1 527 113.19 
 Council || 438 886.98 || 157 618.11 || 0 || 596 505.09 
 Parliament || 201 686.96 || 0 || 0 || 201 686.96 
 Court of Justice || 0 || 0 || 0 || 0 
 Court of Auditors || 91 716.72 || 22 614.40 || 0 || 114 331.12 
 EESC || 0 || 0 || 0 || 0 
 CoR || 0 || 0 || 0 || 0 
 EDPS || 0 || 0 || 0 || 0 
 Ombudsman || 0 || 0 || 0 || 0 
 EEAS || 235 814.00 || 63 271.46 || 0 || 299 085.46 
 Total || 1 758 553.54 || 1 686 743.10 || 639 547.60 || 4 084 844.24 
Total expenditure, that is the amount spent
for all three allowances in all the European institutions, was just over
€ 4 million in 2012.