CELEX: 52011PC0890
Language: en
Date: 2011-12-13
Title: Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Union

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		52011PC0890
		
			Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Union /* COM/2011/0890 final - 2011/0455 (COD) */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM
1.           CONTEXT OF THE PROPOSAL
The Staff Regulations constitute the legal
framework for employment and working conditions for the approximately 55 000
officials and other agents employed by more than fifty institutions and
agencies located in different places of employment in the European Union and in
third countries. 
Given the historic challenges the EU is facing
today, the quality, commitment, independence and loyalty of its staff are more
important than ever. At the same time, these challenges require a particular
effort by each and every public administration and each and every member of its
staff to improve efficiency and to adjust to the changing economic and social
context in Europe.
Recent events in the global economy as well as
the subsequent need to consolidate public finances cannot fail to have an
impact on the European civil service and the administrations of all EU
institutions, bodies and agencies. Administrative expenditure of the EU is a
mere 5.8% of the multi-annual financial framework for 2007 – 2013 which itself
represents around 1% of the EU's GDP. Nevertheless, it is important to
demonstrate that all EU institutions and their staff continue their drive for
efficiency and economy and to reflect the fiscal constraints which many public
administrations in Europe experience.
Given that the EU and its institutions face great
challenges, the proposal must strike a balance between the necessary drive for
further efficiency and economies and the ability of the institutions to carry
out their policies. This includes the needs of EU institutions as employers to
attract and retain staff of the highest professional competence in various
fields of expertise. The institutions recruit on a market for highly qualified
persons who are able to work in a multicultural and multilingual environment
and who are ready to move and stay abroad with their families. In the light of
upcoming retirements in EU institutions, which will mainly affect staff from
the 15 Member States of the Union before 2004, it will be a particular
challenge to maintain the geographical balance of all Member States among
staff. Given the demographic changes in Europe, attracting and retaining
excellent staff from all Member States will be even more difficult in the future.
The proposal has to be seen in the context of the
major reform of the Staff Regulations which entered into force on 1 May 2004.
This reform overhauled the entire European civil service law and brought
significant changes to all areas of the European civil service. The entire career
system was revised. A new category of staff, contract agents, was introduced,
with generally lower salaries. The salary grid for officials and temporary
agents was revised, by allowing recruitment of staff at lower grades and,
consequently, with lower starting salaries. The reform also introduced more
flexible and family-friendly working conditions by extending the maximum
duration of leave on personal grounds and introducing parental leave.
As regards the pension scheme, the retirement
age was increased from 60 to 63 with transitional measures for staff members
already in place, the pension accrual rate for newcomers was reduced from 2 %
to 1.9 %, and the pension rights acquired after 1 May 2004 are no longer
subject to correction coefficients for higher cost of living. The method for
keeping the pension scheme in actuarial balance was laid down in Annex XII to
the Staff Regulations. Lastly, a new method for adjusting the remuneration and
pensions of EU civil servants was adopted. 
All these changes taken together have brought
significant savings to the EU budget and their annual impact continues to increase:
the reform has produced 3 billion Euros of savings so far and will produce
another 5 billion Euros of savings until 2020. The Eurostat study on the
long-term budgetary implications of pension costs showed that, in the long run,
annual savings of the 2004 reform on pension costs, leaving aside the impacts
on other areas, will exceed 1 billion Euros.
A method for adjusting salaries and pensions
has existed since 1972 and proved to be a helpful tool for avoiding annual
discussions on salary adjustments and possible strikes that are linked to such
discussions. Through the years the method has been modified on several occasions,
for the last time in 2004. Given that the current method expires at the end of
2012, the Commission is now proposing a new method, which reflects the
political decisions adopted by Member States as regards the salary adjustments
of their civil servants, whilst addressing the shortcomings that have become
apparent during and after the discussions on the 2009 annual adjustment. The
computation system for the pension contribution rate expires on 30 June 2013,
and the Commission is proposing a new system in line with a common actuarial
practice.
This proposal also takes account of the Council's
conclusions and the requests made in accordance with Article 241 TFEU: on the
application of the exception clause for the method, on the pension scheme of EU
civil servants, including the early retirement scheme, and the career structure
in order to link closer the salary and responsibilities. Moreover, it takes
account of the criticism expressed on some outdated elements of the Staff
Regulations to the extent that criticism is justified.
The Commission proposal strikes the balance
between cost-efficiency and the needs of the institutions in the field of human
resource management. The European Commission considers that, if this proposal
is adopted, the EU institutions will continue to be assisted by an independent,
efficient and modern European civil service that will allow them to fulfil the
tasks which they have been entrusted with by the treaties.
2.           RESULTS OF CONSULTATIONS WITH THE
INTERESTED PARTIES AND IMPACT ASSESSMENTS
This proposal has been discussed with the staff
representatives in accordance with the appropriate procedures and takes into
account the outcome of those discussions.
Before the adoption, the proposal has been
subject to consultations with the Staff Regulations Committee and the Staff
Committee of the European Commission.
Collection and use of expertise
There was no need for external expertise.
3.           MAIN ELEMENTS OF THE PROPOSAL
Reducing staff by 5%
It is proposed to reduce the staff of each
institution and agency by 5%, and this would be done by not replacing a certain
number of departures, i.e. those who retire and those whose contracts come to
an end. Without prejudice to future decisions of the budgetary authority, the
obligation for the institutions and agencies to respect their commitment to
reduce the number of staff is to be reflected in Article 6 of the Staff
Regulations.
Method for adjusting salaries and pensions
The new method would preserve the principle of
parallelism between the evolution of salaries of national officials and that of
the EU officials, and would address the shortcomings of the current method:
–              
The new method would reflect nominal salary
changes (instead of real salary changes) in all Member States. In this way the
method will precisely follow salary changes in all Member States of the
European Union and not only in a limited sample;
–              
In order to reduce the time lag in an
extraordinary situation, the new exception clause would be automatically applied
in case two conditions are met: 1) a decrease in the EU's GDP, and 2) the gap
between the adjustment value of the remuneration and pensions of EU staff and the
change in the EU's GDP exceeds two percentage points. If both conditions
are fulfilled, half of the adjustment value would be postponed to the next
year. For instance, this clause would have been triggered in 2009.
–              
The Brussels International Index would be
suppressed. The differences in the increase in the cost of living between each
place of employment and that of the Member States would be calculated and reflected
in correction coefficients. A new joint correction coefficient would be
introduced for Belgium and Luxemburg, considering these Member States as a
single place of employment. It will be fixed at 100 for the first year.
As is the case for the current method, the proposed
method is not an indexation based on inflation, as it simply follows the
evolution of the purchasing power of national civil servants, as decided by
each Member State at the national level.
Solidarity levy
Since 1982, the method has been linked to an
additional tax on salaries, due to the effects of the oil crisis. Despite the
improvement in the economic situation, this additional tax has not been phased
out, but has become a measure linked to the automatic application of the
method. It is suggested that, for the duration of the proposed method, the solidarity
levy be increased at the rate of 6%.
Modifications to the pension system in order
to keep pace with demographic developments
Increasing the normal retirement age to 65
years
Currently, the normal retirement age is 63
years for officials recruited after 1 May 2004. Officials recruited before 1
May 2004 are subject to transitional provisions according to which the
retirement age varies from 60 years to 63 years.
It is proposed to increase the normal retirement
age for officials recruited as of 1 January 2013 at 65 years. Similar
transitional rules as those applied in 2004 would be implemented, i.e. the
retirement age of officials recruited before 1 May 2013 would vary from 60 to
65 years.
Furthermore, it will no longer be only on an
exceptional basis that the possibility to continue working until 67 years would
be granted.
Additional measures would be provided in order
to take due account of the acquired pension rights and the obligation to
maintain the pension scheme in actuarial balance.
Raising the age for early retirement to 58
years and reducing the number of officials benefiting from early retirement
Currently, the minimum early retirement age is
set at 55 years. Under the new proposal, the minimum early retirement age would
be set at 58 years. In addition, the maximum number of officials retiring in a
given year without a reduction of their pension rights would be fixed at 5 %
of the officials in all institutions who retired during the previous year (as
opposed to 10% in the current system). This scheme is maintained since it has
proven useful for all institutions as a HR management tool in the course of the
last enlargement exercise. 
Aligning the methodology for calculating the
pension contribution rate to international actuarial practice
The computation system for the pension
contribution rate expires on 30 June 2013. It is proposed to keep the same
methodology, but to increase the moving average for interest rates and salary
growth to 30 years. A transitional period of eight years would apply.
As a result of this amendment, the pension
contribution rate would become more stable and less sensitive to short-term variations
in the interest rates, and thus less subject to debates. It would put the
computation system in line with common actuarial practice, suggesting that past
observations ranging between 20 and 40 years be used for ensuring the balance
of pension schemes.
Adapting the conditions of employment 
Introducing a minimum number of weekly
working hours
The 5 % staff cut would require that every
staff member take a share of the additional work burden, if the same policy
objectives are to be achieved.
It is therefore proposed to introduce in the Staff
Regulations a minimum number of working hours per week, i.e. 40.
Maintaining flexitime working-time
arrangements
Flexible working-time arrangements allow
reconciling work and private life and facilitate suitable gender balance within
the Institutions while respecting the mandatory working time obligations. It is
therefore appropriate to introduce a clear reference to these arrangements in
the Staff Regulations. Managers would not be subject to these general arrangements
for staff, as managers are empowered by the institutions to manage time of their
staff and their own time.
Allowances and entitlements: reducing the annual
travelling time, the annual travelling allowance and adaptation of the rules on
the reimbursement of removal costs and on missions
Staff members are currently entitled to a maximum
of six days per year of travelling time to their place of origin. It is
proposed to limit the annual travelling time to a maximum of three days.
The annual travel allowance is based on
kilometric distance by railway, which is often not the most habitual route to
travel to the place of origin. Therefore, the distance would be calculated as a
great circle distance, which would have an effect of decreasing individual allowances.
Furthermore, the payment of annual travel expenses would be limited to
territories of the Member States of the EU.
In order to reduce the administrative burden
both for the staff members concerned and the administration, the rules on the
reimbursement of removal costs should be simplified. It is therefore proposed
to introduce cost ceilings which take account of the official's or agent's
family situation and of the average cost of removal and associated insurance.
The rules on mission should be adapted in order
to take account of the specific need of an institution whose staff members must
frequently go on mission to the principal places of work of their institution.
It is proposed to allow in such cases the reimbursement of accommodation costs
on the basis of a flat-rate sum.
Transparency measures for Institutions and agencies
The Staff Regulations are implemented through a
series of measures adopted by the Institutions and agencies. In order to ensure
coherent and harmonised implementation of the Staff Regulations and for reasons
of simplification, the Commission implementing rules would apply by analogy to
agencies.
However, in order to take account of the
specific situation of agencies, they will be able, after receiving an
authorisation from the Commission, either to adopt different implementing rules
or to decide, where appropriate, not to apply any implementing rules.
For the sake of transparency, the Court of
Justice would establish a register containing the implementing rules of all the
institutions.
Career of assistants, new career stream for
secretaries and more flexibility in recruiting contract staff 
Reserving the highest grades for staff with
the high level of responsibilities
In order to establish a clear link between
responsibilities and grade, the career stream in the assistants' function group
would be restructured in such a way to reserve the two highest grades (AST 10
and 11) only for officials and temporary agents who exercise significant
responsibilities for staff management, budget implementation and/or
coordination.
New function group "AST/SC" for
secretaries and clerical staff
In the current domains of AST staff, career
structures need to be adjusted further to different levels of responsibility,
so as to establish a suitably nuanced spectrum of career streams in the European
civil service and to limit administrative expenses, as envisaged in the
multi-annual financial framework. To this end, a new function group "AST/SC"
for secretarial and clerical staff should be introduced. Salaries and promotion
rates proposed for this new function group establish a suitable correspondence
between the level of responsibility and the level of remuneration. In this way
it will be possible to preserve a stable, comprehensive and well-balanced
European civil service, as considered necessary by many institutions.
Recruitment of contract staff
In order to give more flexibility to the institutions,
the maximum length of contracts for auxiliary contract staff would be extended
from 3 to 6 years.
In addition, while the vast majority of
officials will continue to be recruited on the basis of open competitions, the
institutions would be authorised to organise internal competitions which are
also open to contract staff.
Addressing unjustified geographical
imbalances
The Staff Regulations stipulate that European Union
officials are to be recruited on the broadest possible geographical basis.
However, the statistical data show that, while some nationalities are
overrepresented in comparison with the relative weight of their population in
the European Union, others are largely under-represented. These imbalances are
particularly noticeable in certain grades.
Therefore, Article 27 of the Staff Regulations
should be amended in order to allow the institutions to take measures correcting
long lasting and significant geographical imbalances, while preserving the
principle of recruitment based upon the highest standard of ability, efficiency
and integrity. This measure shall be adopted by way of general implementing
measures and shall be subject to a report after five years.
Increasing efficiency in staff management
for the agencies
European agencies have become an important part
of the institutional landscape of the European Union. Today there are 45
structures (32 regulatory agencies, 7 joint undertakings and 6 executive
agencies). In total, they employ almost 8 000 members of staff, mostly
engaged as temporary agents. However, the provisions of the Staff Regulations
and the Conditions of Employment of Other Servants are not fully adapted to the
needs of small structures such as agencies.
For this reason the Commission suggests
introducing a new category of temporary staff for agencies. They would be
recruited following a transparent and objective selection procedure and could
be engaged for an indefinite period of time. If necessary, agencies would be
able to second them in the interests of the service. Also, temporary staff in
agencies could take unpaid leave up to a maximum of 15 years throughout their
entire career. The mobility within the agency and between the agencies would be
facilitated, because grade and step would be maintained in case they decide to
apply for a new post, provided that the range of grades for the new posts
includes their grade.
Agencies would have a certain flexibility when
setting up a series of committees that shape the social dialogue or must be
consulted before a decision is taken.
4.           BUDGETARY IMPLICATIONS
The proposal would have a budgetary impact on
the expenditure and revenue of the European Union. Due to transitional
provisions, the financial impact of certain provisions would gradually increase
and would reach its full effect only in the long term. The savings over the
next multiannual financial framework are estimated to exceed 1 billion Euros.
In the long run, the savings from the proposed amendments would be 1 billion
Euros per year. More details are provided in the financial statement, which is
annexed to this proposal.
2011/0455 (COD)
Proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL
amending the Staff Regulations of
Officials and the Conditions of Employment of Other Servants of the European
Union
THE EUROPEAN PARLIAMENT AND THE
COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 336 thereof,
Having regard to the Protocol on the Privileges and Immunities of
the European Union, and in particular Article 12 thereof,
Having regard to the proposal from the
European Commission, submitted following consultation with the Staff Regulations
Committee, 
After transmission of the draft legislative
act to the national Parliaments,
Having regard to the opinion of the Court
of Justice,
Having regard to the opinion of the Court
of Auditors, 
Acting in accordance with the ordinary
legislative procedure,
Whereas:
(1)              
The European Union and its more than 50
institutions and agencies should be equipped with a high-quality European
public administration, so as to enable it to perform its tasks to the highest
possible standard in accordance with the Treaties and to meet the challenges,
both internal and external, that it will face in the future.
(2)              
Consequently, it is necessary to provide a
framework for the recruitment of high calibre staff in terms of productivity
and integrity, drawn on the widest possible geographical basis from among
citizens of the Member States, and to enable such staff to carry out their
duties as effectively and efficiently as possible.
(3)              
A broader aim should be to optimise the
management of human resources in a European civil service characterised by
competence, independence, loyalty, impartiality and stability, as well as by
cultural and linguistic diversity.
(4)              
In the interest of guaranteeing that the
purchasing power of European Union officials and other servants develop in
parallel with that of national civil servants in central governments of the
Member States, it is essential to preserve the principle of a multi-annual
mechanism for pay, known as ‘the method', by extending its application until
the end of 2022 with a review at the end of the fifth year. The discrepancy
between the mechanism of the method which has always been administrative in
nature and the adoption by the Council alone of the result of the method led to
difficulties in the past and is not in line with the Treaty of Lisbon. It is
therefore appropriate to let the legislators decide in adopting these
amendments to the Staff Regulations upon a method that would update annually
all salaries, pensions and allowances in an automatic manner. This update will
be based upon the political decisions taken by each Member States for salary
adjustment of its civil servants at the national level. 
(5)              
It is important to ensure the quality of
statistical data used for updating remuneration and pensions. In accordance
with the principle of impartiality, national statistical offices should collect
the data at national level and transmit them to Eurostat. 
(6)              
The potential advantages for officials and other
servants of the European Union of the application of the method should be
balanced by the continuation of the system of special levy, to be renamed as
'solidarity levy'. While the rate of the special levy in force during the
period from 2004 to 2012 increased gradually over time and averaged at 4.23 %,
it seems appropriate in the present circumstances to increase the solidarity
levy at the uniform rate of 6%, so as to take account of a difficult economic
context and its ramifications for public finances throughout the European Union.
Such a solidarity levy should apply to all officials and other servants of the European
Union for the same period as the 'method' itself.
(7)              
Demographic changes and the changing age
structure of the population concerned require that the pension age be
increased, subject however to transitional measures for officials and other
servant of the European Union already in service. These transitional measures
are necessary to respect acquired rights of officials already in service who
have contributed to the notional pension fund for European Union officials. 
(8)              
Since the European Union pension scheme is in
actuarial balance and this balance has to be maintained in the short and in the
long term, staff employed before 1 January 2013 should be compensated for their
pension contribution by transitional measures, such as a higher accrual rate
for the years of service after the statutory retirement age (Barcelona
incentive) and by applying half of the reduction for early retirement between
the age of 60 and the statutory retirement age.
(9)              
The commonly accepted actuarial practice
requires that a period of past observations between 20 and 40 years be used for
interest rates and salary growth with a view to ensuring the balance of pension
schemes. The moving averages for interest rates and salary growth should
therefore be extended to 30 years with a transitional period of 8 years.
(10)          
The Council requested from the Commission a
study and the submission of appropriate proposals on Article 5(4), Annex I.A
and Article 45(1) of the Staff Regulations with a view to establishing a clear
link between responsibilities and grade in the AST function group and in order
to ensure a greater emphasis on the level of responsibility when comparing
merits in the context of promotion.
(11)          
Taking this request into account, it is
appropriate that promotion to a higher grade should be made conditional on
performing duties whose importance justifies the official's appointment to that
higher grade. 
(12)          
The career stream in the AST function group
should be restructured in such a way that the top grades will be reserved for a
limited number of officials exercising the highest level of responsibilities with
regard to staff management, budget implementation or coordination in this
function group.
(13)          
With a view to adjusting career structures in
the current domains of AST staff even further to different levels of
responsibility and as an indispensable contribution to limiting administrative
expenses, a new function group "AST/SC" for secretarial and clerical
staff should be introduced. Salaries and promotion rates establish a suitable correspondence
between the level of responsibility and the level of remuneration. In this way
it will be possible to preserve a stable and comprehensive European civil service.

(14)          
Working hours applied in the institutions should
be aligned to those in force in certain of the Member States of the European
Union to compensate for the reduction of staff in the institutions. The
introduction of a minimum number of weekly working hours will ensure that the
staff employed by the institutions is able to carry out the work-load resulting
from the European Union's policy objectives while, at the same time,
harmonising working conditions in the institutions, in the interest of
solidarity throughout the European Union's civil service. 
(15)          
Flexible working-time arrangements are an
essential element of a modern and efficient public administration allowing for
family-friendly working conditions and enabling a suitable gender balance
within the institutions. It is therefore necessary to introduce an explicit
reference to these arrangements in the Staff Regulations. 
(16)          
The rules on annual travelling time and annual
payment of travel expense between the place of employment and the place of
origin should be modernised, rationalised and linked with the expatriate
status, in order to make their application simpler and more transparent. In particular,
the annual travelling time should be limited to a maximum of three days. 
(17)          
Likewise, the rules on the reimbursement of
removal costs should be simplified, in order to facilitate their application
both for the administration and the staff members concerned. To this end, cost
ceilings which take account of the official's or agent's family situation and
of the average cost of removal and associated insurance should be introduced.
(18)          
Some staff members must frequently go on mission
to the other principal places of work of their institution. These situations
are at present not adequately taken into account in the rules on missions.
These rules should therefore be adapted, in order to allow in such cases the
reimbursement of accommodation costs on the basis of a flat-rate sum. 
(19)          
It is appropriate to provide a more flexible
framework for the employment of contract staff. The institutions of the European
Union should therefore be enabled to engage contract staff for a maximum period
of six years in order to perform tasks under the supervision of officials or
temporary staff. In addition, while the vast majority of officials will
continue to be recruited on the basis of open competitions, the institutions
should be authorised to organise internal competitions which are also open to
contract staff.
(20)          
Transitional arrangements should be provided to
enable the new rules and measures to be applied gradually, whilst respecting
the acquired rights and legitimate expectations of the staff employed before
the entry into force of these amendments to the Staff Regulations.
(21)          
In the interest of simplification and of a
consistent staff policy, the rules adopted by the Commission to implement the
Staff Regulations should apply by analogy to the agencies. However, in order to
ensure that the specific situation of agencies may, if necessary, be taken into
account, agencies should be entitled to request the Commission's authorisation
to adopt implementing rules which derogate from those adopted by the
Commission, or not to apply the Commission's rules at all.
(22)          
A register of all of the rules adopted to give
effect to the Staff Regulations should be set up and administered within the
Court of Justice of the European Union. This register, which can be consulted
by all institutions and agencies, will allow for transparency and promote a
cohesive application of the Staff Regulations.
(23)          
In order to harmonise and clarify the rules on
the adoption of implementing provisions and having regard to their internal and
administrative nature, it is appropriate to confer the relevant decision-making
powers on the appointing authority and the authority authorised to conclude
contracts.
(24)          
Taking into account the high number of temporary
staff within agencies and the need to define a consistent staff policy, it is
necessary to create a new category of temporary staff and to lay down specific
rules for this category.
(25)          
In order to achieve the objectives set out in
the Staff Regulations, the power to adopt acts in accordance with Article 290
of the Treaty on the Functioning of the European Union should be delegated to
the Commission notably in respect of certain aspects of working conditions.
(26)          
The Commission, when preparing and drawing-up
delegated acts, should ensure a simultaneous, timely and appropriate
transmission of relevant documents to the European Parliament and Council,
HAVE ADOPTED THIS REGULATION:
Article 1
The Staff Regulations of Officials of the
European Union shall be amended as follows:
1.                      
In Article 1d(3), the word ‘institutions’ shall
be replaced by ‘appointing authorities of the institutions’;
2.                      
Article 5 shall be amended as follows:
(a)         
Paragraph 1 and 2 shall be replaced by the
following:
'1. The posts covered by the Staff Regulations
shall be classified, according to the nature and importance of the duties to
which they relate, in an administrators' function group (hereinafter ‘AD’), an
assistants' function group (hereinafter ‘AST’) and a secretaries and clerks'
function group (hereinafter 'AST/SC').
2. Function group AD shall comprise twelve
grades, corresponding to managerial, conceptual and analytical as well as to linguistic
and scientific duties. Function group AST shall comprise eleven grades,
corresponding to executive and technical duties. Function group AST/SC shall
comprise six grades, corresponding to clerical and secretarial duties.';
(b)         
In point (a) of paragraph 3 the words 'and
function group AST/SC' shall be inserted after the words 'in function group
AST';
(c)         
Paragraph 4 shall be replaced by the following:
'4. A table showing types of posts is given in
Annex I, Section A. By reference to this table, the appointing authority of
each institution may define in more detail the duties and powers attaching to
each type of post after consulting the Staff Regulations Committee.';
3.                      
Article 6 shall be replaced by the following:
'Article 6
1. The establishment plan appended to the
section of the budget related to each institution shall indicate the number of
posts in each grade and function group.
Each institution's establishment plan shall
reflect the obligations set out in the multi-annual financial framework and the
inter-institutional agreement on its implementation.
2. Without prejudice to the principle of
promotion based on merit as laid down in Article 45, this plan shall ensure
that for each institution, the number of vacant positions at every grade of the
establishment plan on 1 January of each year corresponds to the number of
officials in the lower grade in active employment on 1 January of the preceding
year, multiplied by the rates laid down in Annex I, Section B, for that grade.
These rates shall be applied on a five-year average basis as from 1 January
2013.
3. The rates laid down in Annex I, Section B,
shall be reviewed at the end of a five-year period starting on 1 January 2013
on the basis of a report, submitted by the Commission to the European
Parliament and the Council, and a proposal by the Commission.
The European Parliament and the Council shall
decide in accordance with Article 336 of the Treaty on the Functioning of the
European Union.
4. After the same five-year period, the
Commission shall report to the European Parliament and to the Council on the
implementation of the provisions on the function group AST/SC and of the
transitional provisions laid down in Article 30 of Annex XIII, taking into
account the evolution of the need for staff carrying out secretarial and
clerical tasks in all institutions and the evolution of permanent and temporary
posts in function group AST and of the number of contract agents in function
group II.';
4.                      
Article 9 shall be amended as follows: 
(a)         
Paragraph 1 shall be replaced by the following:
'1. Without prejudice to paragraph 1a, there
shall be set up within each institution:
–              
a Staff Committee, which may be organised in
sections for the different places of employment;
–              
one or more Joint Committees, as appropriate for
the number of officials at the places of employment; 
–              
one or more Disciplinary Boards, as appropriate
for the number of officials at the places of employment;
–              
one or more Joint Advisory Committees on
professional incompetence, as appropriate for the number of officials at the
places of employment;
–              
a Reports Committee, if required;
–              
an Invalidity Committee,
which shall perform the functions assigned to
them by these Staff Regulations.';
(b)         
Paragraph 1a shall be replaced by the following:
'For the application of certain provisions of
these Staff Regulations, a common Joint Committee may be established for two or
more institutions. The other Committees referred to in paragraph 1 and the
Disciplinary Board may be established as common bodies by two or more
agencies.';
(c)         
In paragraph 2, the following subparagraph shall
be inserted after the first subparagraph:
'The agencies may derogate
from the provisions of Article 1 of Annex II regarding membership of Staff
Committees to take into account the composition of their personnel. The
agencies may decide not to appoint alternate members in the Joint Committee or
Committees provided for in Article 2 of Annex II.';
5.                      
In the second sentence of the first subparagraph
of Article 10, the word ‘institutions’ shall be replaced by ‘appointing
authorities of the institutions’;
6.                      
Article 18(1) shall be replaced by the
following:
'1. All rights in any writings or other work
done by any official in the performance of his duties shall be the property of
the European Union or, where such writings or work relate to the European
Atomic Energy Community, property of that Community. The Union or, where
applicable, the European Atomic Energy Community shall have the right to
acquire compulsorily the copyright in such works.';
7.                      
In Article 26a, the word 'institutions' shall be
replaced by 'appointing authorities of the institutions';
8.                      
Article 27 shall be replaced by the following:
'Article 27
Recruitment shall be directed to securing for
the institution the services of officials of the highest standard of ability,
efficiency and integrity, recruited on the broadest possible geographical basis
from among nationals of Member States of the European Union. No posts shall be
reserved for nationals of any specific Member State. 
The principle of the equality of Union’s
citizens shall allow each institution to adopt corrective measures following
the observation of a long lasting and significant imbalance between
nationalities among officials which is not justified by objective criteria. These corrective measures shall never result in recruitment criteria
other than those based on merit. Before such corrective measures are adopted, the
appointing authority of the institution concerned shall adopt general
provisions for giving effect to this paragraph in accordance with Article 110.
After a five-year period starting on 1 January
2013, the Commission shall report to the European Parliament and to the Council
on the implementation of the preceding paragraph.';
9.                      
In Article 29, the following subparagraph shall
be added to paragraph 1:
'While maintaining the principle that the vast
majority of officials shall be recruited on the basis of open competitions, the
appointing authority may decide, by way of derogation from point (b), to hold a
competition internal to the institution which shall also be open to contract
staff as defined in Articles 3a and 3b of the Conditions of Employment of Other
Servants of the European Union.'; 
10.                  
The first sentence of Article 31 (2) shall be
replaced by the following:
'Without prejudice to Article 29(2), officials
shall be recruited only at grades SC 1, AST 1 to AST 4 or AD 5 to AD 8.'
11.                  
In the third paragraph of Article 32, the word
'institution' shall be replaced by 'appointing authority of each institution';
12.                  
In the second indent of point (b) of Article 37,
the word 'institutions' shall be replaced by 'appointing authorities of the
institutions';
13.                  
Article 42a shall be amended as follows:
(a)         
In the second sentence of the first paragraph,
the word 'institutions' shall be replaced by 'appointing authority of each institution';
(b)         
In the last sentence of the third paragraph, the
word 'adapted' shall be replaced by 'updated';
14.                  
Article 43 shall be amended as follows:
(a)         
In the first sentence of the first paragraph,
the words ‘each institution’ shall be replaced by ‘the appointing authority of
each institution’;
(b)         
In the second sentence of the first paragraph,
the words ‘Each institution’ shall be replaced by ‘The appointing authority of
each institution’;
15.                  
Article 45 shall be amended as follows:
(a)         
In paragraph 1, the following sentence shall be
inserted after the second sentence:
'Unless the procedure laid down in Articles 4
and 29(1) is applied, officials may only be promoted if they occupy a post
which corresponds to one of the types of post set out in Annex I, Section A,
for the next higher grade.';
(b)         
In the first sentence of paragraph 2, the words
'Article 55 of the Treaty on European Union' shall be replaced by 'Article
55(1) of the Treaty on European Union';
(c)         
In the second sentence of paragraph 2, the word
'institutions' shall be replaced by 'appointing authorities of the institutions';
16.                  
In paragraph 5 of Article 45a, the word
'institutions' shall be replaced by 'appointing authority of each institution';
17.                  
In the third paragraph of Article 48, the words
'function group AST' shall be replaced by 'function groups AST and AST/SC';
18.                  
In the last paragraph of Article 50, the words
'fifty-five' shall be replaced by 'fifty-eight';
19.                  
Article 51 shall be amended as follows:
(a)         
In the first sentence of paragraph 1, the words
‘Each institution’ shall be replaced by ‘The appointing authority of each
institution’;
(b)         
In the first and in the last sentences of the
first subparagraph of paragraph 6, the words 'grade 1' shall be replaced by the
words 'grade AST 1';
20.                  
Article 52(b) shall be replaced by the
following:
'(b) at his own request on the last day of the
month in respect of which the request was submitted where he is between 58 and
65 years of age and satisfies the requirements for immediate payment of a
pension in accordance with Article 9 of Annex VIII. The second sentence of the
second paragraph of Article 48 shall apply by analogy.
However, an official may at his own request and
where the appointing authority considers it justified in the interest of the
service, carry on working until the age of 67, in which case he shall be
retired automatically on the last day of the month in which he reaches that
age.';
21.                  
Article 55 shall be amended as follows:
(a)         
The paragraphs shall be numbered;
(b)         
The first sentence of paragraph 2 shall be
replaced by the following:
'The normal working week shall range from 40 to
42 hours, the hours of the working day to be determined by the appointing authority';

(c)         
 In the second sentence of the third paragraph,
the word 'institution' shall be replaced by 'appointing authority of each
institution';
(d)         
The following paragraph shall be added:
'4. The appointing authority of each
institution may introduce flexible working-time arrangements. Officials to whom
the provisions of the second paragraph of Article 44 apply shall manage their
working-time without resorting to such arrangements.';
22.                  
Article 55a shall be amended as follows:
(a)         
Point (e) of the first subparagraph of paragraph
2 shall be replaced by the following:
'(e) during the last three years before he
reaches retirement age, but not before the age of 58';
(b)         
In the second subparagraph of paragraph 2, the
words ', or as of the age of 55' shall be replaced by ', or during the last
three years before reaching retirement age, but not before the age of 58';
23.                  
The third paragraph of Article 56 shall be
replaced by the following:
'As provided in Annex VI, overtime worked by
officials in grades SC 1 to SC 6 and grades AST 1 to AST 4 shall entitle
them either to compensatory leave or to remuneration where requirements of the
service do not allow compensatory leave during the month following that in
which the overtime was worked.';
24.                  
The second paragraph of Article 56a and the
second paragraph of Article 56b shall be replaced by the following:
'After consulting the Staff Regulations
Committee, the Commission shall determine, by means of delegated acts in
accordance with Articles 110a and 110b, the categories of officials entitled to
such allowances, the conditions for granting the allowances and the rates
thereof.';
25.                  
The second paragraph of Article 56c shall be
replaced by the following:
'After consulting the Staff Regulations
Committee, the Commission shall determine, by means of delegated acts in accordance
with Articles 110a and 110b, the categories of officials entitled to the
special allowances, the conditions for granting such allowances and the rates
thereof.';
26.                  
In the first paragraph of Article 57, the word
'institutions' shall be replaced by 'appointing authorities of the institutions';
27.                  
In Article 61, the word 'institutions' shall be
replaced by 'appointing authorities of the institutions';
28.                  
Article 63 shall be amended as follows:
(a)         
The second paragraph shall be replaced by the
following:
'Remuneration paid in a currency other than
euros shall be calculated on the basis of the exchange rates used for the
implementation of the general budget of the European Union on 1 July of that
year.';
(b)         
The third paragraph shall be replaced by the
following:
'Every year the exchange rates shall be updated
retroactively at the time of the annual update of remuneration provided for in
Article 65.';
(c)         
The fourth paragraph shall be deleted;
29.                  
Article 64 shall be replaced by the following:
'An official's remuneration expressed in euros
shall, after the compulsory deductions set out in these Staff Regulations or in
any implementing regulations have been made, be weighted at a rate above, below
or equal to 100 %, depending on living conditions in the various places of
employment.
The correction coefficients shall be
updated annually in accordance with Annex XI. The updated values shall be
published by the appointing authority of each institution two weeks after the
update in order to inform the staff of the institution.';
30.                  
Article 65 shall be replaced as follows:
'1. The remuneration of the officials and other
servants of the European Union shall be updated every year in accordance with
Annex XI. This update shall take place before the end of each year in the light
of a report by the Commission based on statistical data prepared by the
Statistical Office of the European Union in agreement with the national
statistical offices of the Member States; the statistical data shall reflect
the situation as at 1 July in each of the Member States.
The amounts in the second and third paragraphs
of Article 42a, Articles 66 and 69, Articles 1(1), 2(1), 3(1) and (2), 4(1), 7(2),
8(2), 10(1) of Annex VII and Article 8(2) of Annex XIII, the amounts in the
former Article 4a of Annex VII to be updated in accordance with Article 18(1)
of Annex XIII , the amounts in Article 24(3), the second subparagraph of
Article 28a(3), Articles 28a(7), 93, 94, the second subparagraph of Article
96(3), Articles 96(7), 133, 134 and 136 of the Conditions of Employment of
Other Servants, the amounts in the first subparagraph of Article 1(1) of
Council Regulation (ECSC, EEC, Euratom) No 300/76, the coefficient for the
amounts in Article 4 of Council Regulation (EEC, Euratom, ECSC) No 260/68 shall
be updated annually in accordance with Annex XI. The updated amounts shall be
published by the appointing authority of each institution two weeks after the
update in order to inform the staff of the institution.
2. In the event of a substantial change in the
cost of living, the amounts referred to in paragraph 1 and the weightings
referred to in Article 64 shall be updated in accordance with Annex XI. The
updated amounts and the weightings shall be published by the appointing authority
of each institution two weeks after the update in order to inform the staff of
the institution.';
31.                  
Article 66 shall be amended as follows:
(a)         
 The introductory sentence shall be replaced by
the following:
'Basic monthly salaries are for each grade and
step in function groups AD and AST as provided in the following table:'
(b)         
 The following shall be added:
'Basic monthly salaries are for each grade and
step in function group AST/SC as provided in the following table:
   || Step 
 Grade || 1 || 2 || 3 || 4 || 5 
 SC 6 || 3.844,31 || 4.005,85 || 4174,78 || 4290,31 || 4349,59 
 SC 5 || 3.397,73 || 3.540,50 || 3.689,28 || 3.791,92 || 3.844,31 
 SC 4 || 3.003,02 || 3.129,21 || 3.260,71 || 3.351,42 || 3.397,73 
 SC 3 || 2.654,17 || 2.765,70 || 2.881,92 || 2.962,10 || 3.003,02 
 SC 2 || 2.345,84 || 2.444,41 || 2.547,14 || 2.617,99 || 2.654,17 
 SC 1 || 2.160,45 || 2.251,24 || 2.313,87 || 2.345,84 ||   
';
32.                  
Article 66a shall be modified as follows:
(a)         
Paragraphs 1 and 2 shall be replaced by the
following:
'1. By way of derogation from Article 3(1) of
Council Regulation (EEC, Euratom, ECSC) No 260/68[1] and in order to take account of
the application of the method for updating the remuneration and pensions of
officials, a temporary measure regarding remuneration paid by the Union to
staff in active employment, to be known as the ‘solidarity levy’, shall be
applied from 1 January 2013 to 31 December 2022.
2. The rate of this solidarity levy, which
shall apply to the base defined in paragraph 3, shall be 6 %.';
(b)         
Paragraph 3 shall be amended as follows:
(i) In the introductory sentence and in sub-point (i) of point (a) and in point
(b), the words 'special levy' shall be replaced by the words 'solidarity levy';
(ii) In point (a)(ii), the words 'grade 1, step 1' shall be replaced by the
words 'grade AST 1, step 1';
(c)         
In paragraph 4, the words 'special levy' shall
be replaced by the words 'solidarity levy';
33.                  
Article 72 shall be amended as follows:
(a)         
In the first sentence of the first subparagraph
of paragraph 1 and in the third subparagraph of paragraph 1, the word
'institutions' shall be replaced by 'appointing authorities of each
institution';
(b)         
In paragraphs 2 and 2a the number '63' shall be
replaced by '65'; 
(c)         
In paragraph 2b, the words 'grade 1' shall be
replaced by the words 'grade AST 1';
34.                  
In Article 73(1), the word 'Institutions' shall
be replaced by 'appointing authorities of the institutions';
35.                  
In the second sentence of Article 76a, the word
'institutions' shall be replaced by 'appointing authorities of the institutions';
36.                  
In the first and fifth paragraphs of Article 77,
in the sixth paragraph of Article 80 and in Article 81a(1)(d), the number '63'
shall be replaced by '65';
37.                  
Paragraph 2 of Article 82 shall be replaced by
the following:
'2. Where remuneration is updated in accordance
with Article 65(1), the same update shall be applied to pensions.';
38.                  
The second subparagraph of Article 83(1) shall
be deleted.;
39.                  
Article 83a shall be amended as follows:
(a)         
Paragraph 2 shall be replaced by the following:
'Agencies which do not receive a subsidy from
the general budget of the European Union shall pay into that budget the entire
amount of the contributions needed to finance the scheme. Agencies which are
partially financed from that budget shall pay the part of the employers'
contributions which corresponds to the proportion between the agency's revenues
without the subsidy from the general budget of the European Union and its total
revenues.';
(b)         
In paragraph 3, the word 'Council' shall be
replaced by 'Commission';
(c)         
Paragraph 4 shall be replaced by the following:
'4. Each year the Commission shall present an
updated version of the actuarial assessment, in accordance with Article 1(2) of
Annex XII. Where it is shown that there is a gap of at least 0,25 points
between the rate of contribution currently applied and the rate required to
maintain actuarial balance, the Commission shall adjust the rate, in accordance
with the arrangements laid down in Annex XII.';
(d)         
Paragraph 5 shall be replaced by the following:
'5. For the purposes of paragraphs 3 and 4 of
this Article, the Commission shall act by means of delegated acts in accordance
with Articles 110a and 110b, after consulting the Staff Regulations
Committee.';
40.                  
Title VIII 'Special provisions applicable to
officials in the scientific or technical services of the Union' shall be
deleted;
41.                  
Article 110 shall be replaced by the following:
'Article 110
1. The general provisions implementing these
Staff Regulations shall be adopted by the appointing authority of each
institution after consulting the Staff Committee and the Staff Regulations
Committee.
2. Implementing rules adopted by the Commission
to give effect to these Staff Regulations, including the general implementing
provisions referred to in paragraph 1, shall apply by analogy to the
agencies. To this end, the Commission shall inform the
agencies of any such implementing rule without delay after adoption.
Such implementing rules shall enter into force
at the agencies nine months after their entry into force at the Commission or
nine months after the date on which the Commission informed the agencies of the
adoption of the respective implementing rule, whichever is later.
Notwithstanding the foregoing, an agency may also decide that such implementing
rules will enter into force at an earlier date. 
By way of derogation, an agency may, before the
expiry of the nine-month period referred to above and after consulting its
Staff Committee, submit to the Commission for its agreement implementing rules
which are different from those adopted by the Commission. Under the same
conditions, an agency may request the agreement of the Commission for not
applying certain of these implementing rules. In the latter case, the
Commission may, instead of accepting or rejecting the request, require the
agency to submit for its agreement implementing rules which are different from
those adopted by the Commission.
The nine-month period referred to in the
previous subparagraphs shall be suspended from the date on which the agency has
requested the Commission's agreement until the date on which the Commission has
expressed its position.
An agency may also, after consulting its Staff
Committee, submit to the Commission for its agreement implementing rules which
concern other subjects than the implementing rules adopted by the Commission. 
For the purpose of the adoption of implementing
rules, the agencies shall be represented by the management board or the equivalent
body referred to in the European Union act establishing them.
3. For the purpose of the adoption of rules by
agreement between the institutions, the agencies shall not be treated as
institutions. However, the Commission shall consult the agencies before the
adoption of these rules.
4. Rules giving effect to these Staff
Regulations, including the general implementing provisions referred to in
paragraph 1, and rules adopted by agreement between the appointing authorities
of the institutions, shall be brought to the attention of the staff. 
5. The administrative departments of the
institutions and the agencies shall consult each other regularly concerning the
application of these Staff Regulations. Agencies shall be jointly represented
in these consultations in accordance with rules to be fixed by agreement
between them.
6. The Court of Justice of the European Union
shall administer a register of the rules adopted by the appointing authority of
each institution to give effect to these Staff Regulations, and those rules
adopted by the agencies to the extent they derogate from the rules adopted by
the Commission, in accordance with the procedure provided in paragraph 2.
Institutions and agencies shall have direct access to this register and full
right to amend their own rules. Every three years, the Commission shall present
a report to the European Parliament and the Council on rules adopted by each institution
to give effect to these Staff Regulations.'; 
42.                  
The following Articles shall be inserted after
Article 110:
'Article 110a
The Commission shall be empowered to adopt
delegated acts in accordance with Article 110b concerning certain aspects of
working conditions and certain aspects of the implementation of the rules on
remuneration and expenses.
Article 110b
1. The power to adopt delegated acts is
conferred on the Commission subject to the conditions laid down in this
Article. 
2. The delegation of power referred to in
Articles 56a, 56b, 56c, 83a of the Staff Regulations, Article 13 of Annex VII, Article
13 of Annex X and Article 12 of Annex XII to the Staff Regulations and Articles
28a and 96 of the Conditions of Employment of Other Servants shall be conferred
on the Commission for an indeterminate period of time as of 1 January 2013.

The delegation of power referred to in Articles
9 and 10 of Annex XI shall be conferred on the Commission for a period of 10
years as of 1 January 2013. 
3. The delegation of power referred to in
Articles 56a, 56b, 56c, 83a of the Staff Regulations, Article 13 of Annex VII,
Article 13 of Annex X, Articles 9 and 10 of Annex XI and Article 12 of
Annex XII of the Staff Regulations and Articles 28a and 96 of the Conditions of
Employment of Other Servants may be revoked at any time by the European
Parliament or by the Council. A decision of revocation shall put an end to the
delegation of the power specified in that decision. It shall take effect the
day following the publication of the decision in the Official Journal of
the European Union or at a later date specified therein. It shall not
affect the validity of any delegated acts already in force. 
4. As soon as it adopts a delegated act, the
Commission shall notify it simultaneously to the European Parliament and to the
Council. 
5. A delegated act adopted pursuant to Articles
56a, 56b, 56c, 83a of the Staff Regulations and Article 13 of Annex VII,
Article 13 of Annex X, Articles 9 and 10 of Annex XI and Article 12 of Annex
XII of the Staff Regulations and Articles 28a and 96 of the Conditions of
Employment of Other Servants shall enter into force only if no objection has
been expressed either by the European Parliament or the Council within a period
of two months of notification of that act to the European Parliament and
the Council or if, before
the expiry of that period, the
European Parliament and the Council have both informed the Commission that they
will not object. That period shall be extended
by two months at the initiative of the European Parliament or the
Council.'; 
43.                  
Annex I shall be amended as follows:
(a)         
Section A shall be replaced by the following:
'A. Types of
posts in each function group, as provided for in Article 5(4)
1. Function Group AD
 Director-General || AD 16 
 Director-General Director || AD 15 
 Director Administrator, working for example as: Head of unit/ Adviser linguistic expert; economic expert; legal expert; medical expert; veterinary expert; scientific expert; research expert; financial expert, audit expert || AD 14 
 Administrator, working for example as: Head of Unit/ Adviser/ linguistic expert; economic expert; legal expert; medical expert; veterinary expert; scientific expert; research expert; financial expert, audit expert || AD 13 
 Administrator, working for example as: Head of Unit/ principal translator, principal interpreter, principal economist; principal lawyer; principal medical officer; principal veterinary inspector; principal scientist; principal researcher; principal financial officer, principal audit officer || AD 12 
 Administrator, working for example as: Head of Unit/ principal translator, principal interpreter, principal economist; principal lawyer; principal medical officer; principal veterinary inspector; principal scientist; principal researcher; principal financial officer, principal audit officer || AD 11 
 Administrator, working for example as: Head of Unit/ senior translator; senior interpreter; senior economist; senior lawyer; senior medical officer; senior veterinary inspector; senior scientist; senior researcher; senior financial officer, senior audit officer || AD 10 
 Administrator, working for example as: Head of Unit/ senior translator; senior interpreter; senior economist; senior lawyer; senior medical officer; senior veterinary inspector; senior scientist; senior researcher; senior financial officer, senior audit officer || AD 9 
 Administrator, working for example as: Translator; interpreter; economist; lawyer; medical officer; veterinary inspector; scientist; researcher; financial officer, auditor || AD 8 
 Administrator, working for example as: Translator; interpreter; economist; lawyer; medical officer; veterinary inspector; scientist; researcher; financial officer, auditor || AD 7 
 Administrator, working for example as: Junior translator; junior interpreter; junior economist; junior lawyer; junior medical officer; junior veterinary inspector; junior scientist; junior researcher; junior financial officer, junior auditor || AD 6 
 Administrator, working for example as: Junior translator; junior interpreter; junior economist; junior lawyer; junior medical officer; junior veterinary inspector; junior scientist; junior researcher; junior financial officer, junior auditor || AD 5 
2. Function
Group AST
 Senior Assistant[2] Carrying out administrative, technical or training activities requiring a high degree of autonomy and carrying significant responsibilities in terms of staff management, budget implementation or political coordination || AST 10 – AST 11 
 Assistant[3] Carrying out administrative, technical or training activities requiring a certain degree of autonomy, notably with regard to the implementation of rules and regulations or general instructions or as personal assistant of a Member of the institution, of the Head of a Member's private office or of a (Deputy) Director-General or an equivalent senior manager || AST 1 – AST 9 
3. Function
Group AST/SC
 Secretary/Clerk Carrying out clerical and secretarial tasks, office management and other equivalent tasks requiring a certain degree of autonomy[4] || SC 1 – SC 6 
(b)         
Section B shall be amended as follow:
(i) The following shall be inserted after the
title: 
'1. Multiplication rates for guiding average
career equivalence in function groups AST and AD:';
(ii) In point 1, the term '20 %' set out in the
table for grade 9 of function group AST shall be replaced by '8%'.;
(iii) The following shall be added:
'2. Multiplication rates for guiding average
career equivalence in function group AST/SC:
   || Grade || Secretaries / Clerks 
   || SC 6 || - 
   || SC 5 || 12% 
   || SC 4 || 15% 
   || SC 3 || 17% 
   || SC 2 || 20% 
   || SC 1 || 25% 
44.                  
Annex II shall be amended as follows:
(a)         
In the second sentence of the first subparagraph
of Article 1, the word ‘institution’ shall be replaced by ‘appointing authority
of each institution’;
(b)         
In the second sentence of the second subparagraph
of Article 1, the word 'institution' shall be replaced by 'appointing authority
of each institution';
(c)         
In the fourth subparagraph of Article 1, the
words 'both function groups' shall be replaced by 'the three function groups';
(d)         
In the first indent of the second paragraph of
Article 2, the words ‘the third subparagraph of’ shall be deleted;
45.                  
The Sole Article of Annex IV shall be modified
as follows:
(a)         
In the second subparagraph of paragraph 1 and
the fourth subparagraph of paragraph 4, the number '63' shall be replaced by
'65';
(b)         
The third subparagraph of paragraph 1 shall be
deleted;
46.                  
In the first paragraph of Article 4 of Annex
IVa, the words 'officials aged over 55 authorised to work half time in
preparation of retirement' shall be replaced by 'officials authorised, in
accordance with Article 55a(2)(e) of the Staff Regulations, to work half time';
47.                  
Article 7 of Annex V shall be replaced by the
following:
'Article 7
To the annual leave of officials entitled to
the expatriation or foreign residence allowance shall be added travelling time
based on the geographical distance between the place of employment and the
place of origin, calculated as follows:
–              
250 to 600 km: one day of home travelling time,
–              
601 to 1200 km: two days of home travelling
time,
–              
more than 1200 km: three days of home travelling
time.
The preceding provisions shall apply to
officials whose place of employment is within the territories of the Member
States. If the place of employment is outside these territories, the travelling
time shall be fixed by special decision taking into account particular needs.
Where special leave is granted in pursuance of
Section 2 above, any home travelling time shall be fixed by special decision taking
into account particular needs.';
48.                  
Annex VI shall be amended as follow:
(a)         
The introductory sentence of Article 1 shall be
replaced by the following: 
'Within the limits laid down in Article 56 of
the Staff Regulations, overtime worked by an official in grade SC 1 to SC 6 or
grade AST 1 to AST 4 shall entitle him to compensatory leave or to remuneration
as follows:';
(b)         
Article 3 shall be replaced by the following:
'Notwithstanding the foregoing provisions of
this Annex remuneration for overtime worked by certain groups of officials in
grades SC 1 to SC 6 and grades AST 1 to AST 4 in special conditions may be
paid in the form of a fixed allowance the amount and terms of which shall be
determined by the appointing authority after consulting the Joint Committee.';
49.                  
Annex VII shall be amended as follows:
(a)         
In Article 1(3), the words 'grade 3' shall be
replaced by 'grade AST 3';
(b)         
Article 7 shall be replaced by the following:
'1. An official shall be entitled to a
flat-rate payment corresponding to the cost of travel for himself, his spouse
and his dependents actually living in his household:
(a)          
on taking up his appointment, from the place
where he was recruited to the place where he is employed;
(b)         
on termination of service within the meaning of
Article 47 of the Staff Regulations, from the place where he is employed to the
place of origin as defined in paragraph 3 below;
(c)          
on any transfer involving a change in the place
where he is employed.
In the event of the death of an official, the surviving
spouse and the dependants shall be entitled to the flat rate payment under the
same conditions.
Travel expenses for children aged less than two
years during the entire calendar year shall not be reimbursed.
2. The flat-rate payment shall be based on an
allowance per kilometre of geographical distance between the places referred to
in paragraph 1.
The kilometric allowance shall be:
 EUR 0 for every km from || 0 to 200 km 
 EUR 0,1895 for every km from || 201 to 1000 km 
 EUR 0,3158 for every km from || 1001 to 2000 km 
 EUR 0,1895 for every km from || 2001 to 3000 km 
 EUR 0,0631 for every km from || 3001 to 4000 km 
 EUR 0,0305 for every km from || 4001 to 10000 km 
 EUR 0 for every km over || 10000 km. 
To the above kilometric allowance shall be
added a flat-rate supplement amounting to:
–              
EUR 94,74 if the geographical distance
between the places referred to in paragraph 1 is between 600 km and 1200 km,
–              
EUR 189,46 if the geographical distance
between the places referred to in paragraph 1 is greater than 1200 km.
The above kilometric allowances and flat-rate
supplements shall be updated every year in the same proportion as remuneration.
2a. By way of derogation from paragraph 2,
travel expenses which relate to a transfer involving a change between a place
of employment within the territories of the Member States of the European Union
and a place of employment outside these territories or to a transfer involving
a change between places of employment outside these territories shall be
reimbursed in the form of a flat-rate payment based on the cost of air travel
in the class immediately superior to economy class.
3. An official's place of origin shall be
determined when he takes up his appointment, account being taken in principle
of where he was recruited or, upon express and motivated request, the centre of
his interests. The place of origin as so determined may by special decision of
the appointing authority be changed while the official is in service or when he
leaves the service. While he is in the service, however, such decision shall be
taken only exceptionally and on production by the official of appropriate
supporting evidence.
The effect of such a change shall not, however,
be such as to recognise as the centre of the official's interests, a place which
is outside the territories of the Member States of the Union as well as outside
the countries and territories listed in Annex II to the Treaty on the
Functioning of the European Union and the territories of the Member States of
the European Free Trade Association.';
(c)         
Article 8 shall be replaced by the following:
'Article 8
'1. Officials entitled to the expatriation or
foreign residence allowance shall be entitled, within the limit set out in
paragraph 2, in each calendar year to a flat-rate payment corresponding to the
cost of travel from the place of employment to the place of origin as defined
in Article 7 for themselves and, if they are entitled to the household
allowance, for the spouse and dependants within the meaning of Article 2.
Where a husband and wife are both officials of
the EuropeanUnion, each has the right in respect of himself or
herself and in respect of dependants to the flat-rate payment of travelling
expenses, in accordance with the above provisions; each dependant shall be
entitled to one payment only. The payment in respect of dependent children is fixed
at the request of the husband or wife, on the basis of the place of origin of
one or other of them.
Where an official marries during a given year
and thereby becomes entitled to the household allowance, the travel expenses
payable for the spouse shall be calculated in proportion to the period from the
date of the marriage to the end of the year.
Any alteration to the basis of calculation
which may arise from changes in family status after the date of payment of the
sums in question shall not render the official concerned liable to make
repayment.
Travel expenses for children aged less than two
years during the entire calendar year shall not be reimbursed.
2. The flat-rate payment shall be based on an
allowance per kilometre of geographical distance between the official's place
of employment and his place of origin.
Where the place of origin as defined in Article
7 is outside the territories of the Member States of the Union as well as outside
the countries and territories listed in Annex II to the Treaty on the
Functioning of the European Union and the territories of the Member States of
the European Free Trade Association, the flat-rate payment shall be based on an
allowance per kilometre of geographical distance between the official's place
of employment and the capital city of the Member State whose nationality he
holds. Officials whose place of origin is outside the territories of the Member
States of the European Union as well as outside the countries and
territories listed in Annex II to the Treaty on the Functioning of the European
Union and the territories of the Member States of the European Free Trade
Association and who are not nationals of one of the Member States shall not be
entitled to the flat-rate payment. 
The kilometric allowance shall be:
 EUR 0 for every km from || 0 to 200 km 
 EUR 0,3790 for every km from || 201 to 1000 km 
 EUR 0,6316 for every km from || 1001 to 2000 km 
 EUR 0,3790 for every km from || 2001 to 3000 km 
 EUR 0,1262 for every km from || 3001 to 4000 km 
 EUR 0,0609 for every km from || 4001 to 10000 km 
 EUR 0 for every km over || 10000 km. 
To the above kilometric allowance a flat-rate
supplement shall be added, amounting to:
–              
EUR 189,48 if the geographical distance
between the place of employment and the place of origin is between 600 km
and 1200 km,
–              
EUR 378,93 if the geogrphical distance
between the place of employment and the place of origin is greater than 1200 km.
The above kilometric allowances and flat-rate
supplements shall be updated every year in the same proportion as remuneration.
3. An official whose service is terminated in
the course of a calendar year for any reason other than death or who is on
leave on personal grounds during part of the year shall, if he is in active
employment in the service of an institution of the European Union for
less than nine months of that year, be entitled only to part of the flat-rate
payment provided for in paragraphs 1 and 2, calculated in proportion to the
time spent in active employment.
4. The preceding provisions shall apply to
officials whose place of employment is within the territories of the Member
States. Officials whose place of employment is outside the territory of the
Member States shall be entitled for themselves and, if they are entitled to
receive the household allowance, for their spouse and other dependants within
the meaning of Article 2, in each calendar year, to repayment of travel
expenses to their place of origin, or to repayment of travel expenses to
another place not exceeding the expense of travel to the place of origin. However,
if the spouse and the persons referred to in Article 2(2) do not live with the
official at the place of employment, they shall be entitled each calendar year
to reimbursement of travel expenses from the place of origin to the place of
employment or to another place not exceeding the cost of the former journey.
These travel expenses shall be reimbursed in
the form of a flat-rate payment based on the cost of air travel in the class
immediately superior to economy class.';
(d)         
Article 9 shall be replaced by the following:
'Article 9
1. Within the limits of costs ceilings,
officials obliged to change the place of residence in order to comply with
Article 20 of the Staff Regulations upon entry into service or on a subsequent
change of place of employment while in service and who have not been reimbursed
in respect of the same expenses from another source, shall be entitled to the reimbursement of expenses incurred in respect of the
removal of furniture and personal effects, including the cost of insurance
against ordinary risks (notably breakage, theft, fire).
The ceilings shall take into account the
official’s family situation at the time of the removal, and the average costs
of removal and associated insurance. 
General implementing provisions shall be
adopted by the appointing authority of each institution to give effect to this
paragraph. 
2. On termination of service or on death of an
official, the expenses incurred in respect of removal from the place where he
was employed to his place of origin shall be reimbursed within the limits
defined in paragraph 1. Where the deceased official was unmarried, the expenses
shall be reimbursed to those entitled under him.
3. In the case of an established official,
removal shall be effected within one year of the end of his probationary
period. On termination of service, removal shall be effected within three years
as provided in the second subparagraph of Article 6 (4). Removals effected
after the expiry of the time limits set out above shall be reimbursed only in
exceptional cases and by special decision of the appointing authority.'
(e)         
Article 13 shall be amended as follows:
(i) Paragraph 3 shall be replaced by the
following: 
'3. The Commission shall review every two years
the rates set out in paragraph 2(a). This review shall take place in the light
of a report on the prices of hotels, restaurants and catering services, and
shall be based on the indexes on the evolution of such prices. For the purpose
of this review, the Commission shall act by means of delegated acts in accordance
with Articles 110a and 110b of the Staff Regulations.';
(ii) The following paragraph 4 shall be added:
'4. By way of derogation from paragraph 1,
accommodation costs incurred by officials for missions to the principal places
of work of their institution as referred to in Protocol N°6 to the treaty may
be reimbursed on the basis of a flat-rate sum which shall not exceed the
maximum fixed for the Member States in question.'.
(f)           
In Article 13a, the words 'various institutions'
shall be replaced by the 'appointing authorities of the various institutions';
(g)         
Article 17 shall be modified as follows:
(i) In paragraph 1 the words 'at the place'
shall be replaced by 'into a bank within the European Union';
(ii) The first subparagraph of paragraph 2
shall be replaced by the following:
‘Under the conditions laid down in rules fixed
by the appointing authorities of each institution by common consent after
consulting the Staff Regulations Committee, officials may apply for special
regular transfer of part of their remuneration.';
(iii) In the first sentence of paragraph 3,
after the words 'shall be made', the words 'in the currency of the relevant
Member State' shall be inserted.
(iv) In the first sentence of paragraph 4,
after the words 'to another Member State', the words 'in local currency' shall
be inserted;
50.                  
Annex VIII shall be amended as follows:
(a)         
In Article 5, the number '63' shall be replaced
by '65'';
(b)         
In Article 6, the words 'at the first step of
grade 1' shall be replaced by 'the first step of grade AST 1';
(c)         
Article 9 shall be amended as follows:
(i) The number '63' shall be replaced by '65';
(ii) In point (b) of paragraph 1, the number '55'
shall be replaced by '58';
(iii) Paragraph 2 shall be replaced by the
following:
'The appointing authority may decide, in the interests
of the service on the basis of objective criteria and transparent procedures
introduced by means of general implementing provisions, not to apply the above
reduction to the officials concerned. The total number of officials and
temporary servants who retire without any reduction of their pension each year
shall not be higher than 5 % of the officials in all institutions who retired
the previous year. The annual percentage may vary from 4 % to 6 %, subject
to a maximum of 5 % over two years and the principle of budget
neutrality.';
(d)         
In the second subparagraph of Article 11(2), the
word 'institution' shall be replaced by 'appointing authority of each
institution';
(e)         
In Article 12(1) and (2), the number '63' shall
be replaced by '65';
(f)           
In Articles 15 and 18a, the number '63' shall be
replaced by '65';
(g)         
In the second paragraph of Article 27, the word
'adjusted' shall be replaced by 'updated';
(h)         
Article 45 shall be modified as follows:
(i) In the third paragraph, the words 'Member
State of residence' shall be replaced by 'European Union';
(ii) In the first sentence of the fourth
paragraph, the words 'in the European Union or' shall be inserted after the
word 'bank';
(iii) In the second sentence of the fourth
paragraph, the words 'in euro into a bank in the country where the institution
has its headquarters, or' shall be deleted;
51.                  
Annex IX shall be amended as follows:
(a)         
In Article 2(3), the word 'institutions' shall
be replaced by 'appointing authority of each institution';
(b)         
the first sentence of Article 5(1) shall be replaced
by the following:
'A Disciplinary Board, hereinafter referred to
as ‘the Board’, shall be established in each institution, unless two or more
agencies decide, in accordance with paragraph 1a of Article 9 of the Staff
Regulations, to set up a common Board.';
(c)         
Article 30 shall be replaced by the following:
'Without prejudice to Article 2(3), the appointing
authority of each institution shall, if it sees fit, adopt implementing
arrangements for this Annex after consulting the Staff Committee'; 
52.                  
Annex X shall be amended as follows:
(a)         
In the first sentence of Article 11, the word
'Belgium' shall be replaced by 'the European Union'';
(b)         
Article 13 shall be replaced by the following: 
'Article 13
In order to ensure as far
as possible that officials enjoy equivalent purchasing power irrespective of
their place of employment, the Commission shall determine the weighting
referred to in Article 12 once a year. The Commission
shall act by means of delegated acts in accordance with Articles 110a and 110b
of the Staff Regulations.
Where however, in the case of a given country,
the variation in the cost of living measured on the basis of the weighting and
the corresponding exchange rate is found to have exceeded 5 % since the last
adjustment, the Commission shall decide on interim measures for adjusting the
weighting in accordance with the procedure laid down in the first paragraph.';
53.                  
Annex XI shall be replaced by the following:
'Annex
XI
Rules
for implementing Articles 64 and 65 of the Staff Regulations
CHAPTER 1
ANNUAL UPDATE OF REMUNERATION
PROVIDED FOR IN ARTICLE 65(1) OF THE STAFF REGULATIONS
Section 1
Factors determining annual updates
Article 1
1.       Report from the Statistical Office
of the European Union (Eurostat)
For the purposes of the update provided for in
Article 65(1) of the Staff Regulations, Eurostat shall draw up every year
before the end of October a report on the nominal changes of salaries in
national civil services in central government and changes in the cost of living
in Member States.
2.       European Index of Consumer Prices

(a)         
Eurostat shall use the European Index of
Consumer Prices to measure changes in the cost of living in the European Union.
(b)         
This index shall take into account the changes
between June of the previous year and June of the current year.
3.       Changes in the cost of living in
Member States
(a)         
Eurostat shall draw up the economic parities to
establish the equivalence of purchasing power for salaries and pensions of
officials. The economic parities shall refer to the month of June each year.
(b)         
On 1 January 2013 the economic parity for each
country or place of employment shall be the purchasing power parity as established
by Eurostat on 1 July 2012 for salaries and pensions. Every year the economic
parity shall be updated by the ratio between the inflation in the corresponding
country and the European Index of Consumer Prices.
(c)         
However, one joint economic parity shall be
calculated for Belgium and Luxembourg. For this purpose, the inflation in those
countries shall be weighted according to the distribution of the staff serving
in those countries. On 1 January 2013 the purchasing power parity for Belgium
and Luxembourg shall be 1.
(d)         
The economic parities shall be calculated in
such a way that each basic component can be updated twice per year.     
(e)         
Before 1 July 2017 the Commission shall, on the
basis of data collected by Eurostat, submit a report to the European Parliament
and the Council on the cost of living for European Union officials in the
places of employment not referred to in point (c).
4.       Changes in the remuneration of
national civil servants in central government
(a)         
Eurostat shall, on the basis of information
supplied before the end of August by the national statistical offices,
calculate salary indicators for each of the Member States reflecting either
upward or downward changes in the nominal remuneration of civil servants in
central government, between the month of July of the previous year and the
month of July of the current year. The two should include one twelfth of all
annually-paid elements.
The salary indicators shall take two forms:
(i) one indicator for each of the function
groups as defined by Eurostat,
(ii) an average indicator weighted to reflect
the number of national civil servants corresponding to each function group.
To establish the global salary indicator for
the European Union total, the results per country shall be weighted in
proportion to its national GDP measured using purchasing power parities as
shown in the most recent statistics published in accordance with the national
accounts definitions in the European System of Accounts currently in force.
Each of these indicators shall be established
in nominal gross terms. Eurostat shall establish a definition of gross
remuneration for each of the reference Member States after consulting their
statistical offices.         
(b)         
At the request of Eurostat, the national statistical
offices shall supply it with the additional information which it considers
necessary in order to draw up a salary indicator accurately measuring changes
in the remuneration of national civil servants.
If, after further consultation of the national statistical offices, Eurostat finds
statistical anomalies in the information obtained or finds it impossible to
draw up indicators which measure with statistical accuracy the changes in the
nominal income of civil servants in a given Member State, it shall report to
the Commission and provide it with all the material it needs to make an
assessment.
(c)         
In addition to the salary indicators, Eurostat
shall establish and calculate appropriate control indicators.
The Eurostat report on the salary indicators
shall be accompanied by comments on the differences between these indicators
and the above-mentioned control indicators.
Article 2
The Commission shall produce a comprehensive
report every three years on the recruitment requirements of the institutions
and transmit it to the European Parliament and the Council. On the basis of
this report the Commission shall, if necessary, present proposals based on all
relevant factors to the European Parliament and the Council after consulting
the other institutions within the framework of the Staff Regulations.
Section 2
Arrangements for the annual update
of remuneration and pensions
Article 3
1. Under Article 65 of the Staff Regulations,
on the basis of the criteria set out in Section 1 of this Annex, the
remuneration and pensions shall be updated before the end of each year, with
effect from 1 July.
2. The amount of the update shall be the global
value of the salary indicators. The update shall be in gross terms as a uniform
across-the-board percentage.
3. The amount of the update thus fixed shall be
incorporated in the basic salary tables appearing in Article 66 of the Staff
Regulations and in Annex XIII to the Staff Regulations and in Articles 20 and
93 of the Conditions of Employment of other servants.
4. For the purposes of applying Regulation
(EEC, Euratom, ECSC) No 260/68, the amounts in Article 4 of that Regulation
shall be multiplied by a factor composed of:
(a)         
 the factor resulting from the previous update,
and
(b)         
 the factor of update of remuneration referred
to in paragraph 2.
5. The correction coefficients shall be
determined on the basis of the ratios between the corresponding economic
parities referred to in Article 1 of this Annex and the exchange rates
specified in Article 63 of the Staff Regulations for the relevant countries.
They shall be applicable:
(a)         
to the salaries of officials of the European Union serving
in each of the Member States and in certain other places of employment,
(b)         
by way of derogation from Article 82(1) of the
Staff Regulations, to European Union pensions paid in each of the Member
States for the part corresponding to the rights acquired before 1 May 2004. European
Union pensions paid for the part corresponding to the rights acquired as of 1
May 2004 shall be subject to the economic parity referred to in point (c) of
Article 1(3) of this Annex.
The procedures laid down in Article 8 of this
Annex concerning the retrospective application of correction coefficients in
places of employment with a high rate of inflation shall apply.
6. The institutions shall make the
corresponding positive or negative update to the remuneration and pensions of
the officials, former officials and other persons concerned with retroactive
effect for the period between the effective date and the date of entry into
force of the next update.
If this retroactive update necessitates the
recovery of sums overpaid, such recovery may be spread over a period of not
more than twelve months from the date of entry into force of the next annual update.
CHAPTER 2
INTERMEDIATE UPDATES OF
REMUNERATION AND PENSIONS (ARTICLE 65(2) OF THE STAFF REGULATIONS)
Article 4
1. Intermediate update of remuneration and
pensions pursuant to Article 65(2) of the Staff Regulations, taking effect on 1
January, shall be made in the event of a substantial change in the cost of
living between June and December (by reference to the sensitivity threshold
defined in Article 6 of this Annex).
2. These intermediate updates shall be taken
into account in the annual salary update.
Article 5
The change in the cost of living shall be
measured by the Harmonised Index of Consumer Prices for the period from June to
December of the previous calendar year. However, for Belgium and Luxembourg the
change in the cost of living shall be measured by the inflation in those
countries weighted as laid down in point (c) of Article 1(3).
Article 6
The sensitivity threshold for the six-month
period mentioned in Article 5 of this Annex shall be the percentage
corresponding to 5 % for a 12 month period. If the sensitivity threshold is
reached or exceeded in a Member State, the remuneration and pensions for all
places of employment in that country shall be updated.
Article 7
For the purposes of Article 6 of this Annex,
correction coefficients shall be updated to take into account the changes in
the cost of living as referred to in Article 5.
CHAPTER 3
DATE ON WHICH A CORRECTION
COEFFICIENT COMES INTO EFFECT (PLACES OF EMPLOYMENT WITH A HIGH COST-OF-LIVING
INCREASE)
Article 8
1. For places with a high cost-of-living
increase, the correction coefficient shall come into effect before 1 January in
the case of the intermediate update, or 1 July in the case of the annual update.
This is so as to bring the loss in purchasing power into line with what it
would be in a place of employment where the change in the cost of living
corresponded to the sensitivity threshold.
2. The effective dates for the annual update shall
be as follows:
(a)         
16 May for places of employment having an
inflation higher than 5 %, and
(b)         
1 May for places of employment having an
inflation higher than 10 %.
3. The effective dates for the intermediate update
shall be as follows:
(a)         
16 November for places of employment having an
inflation higher than 5 %, and
(b)         
1 November for places of employment having an
inflation higher than 10 %.
CHAPTER 4
CREATION AND WITHDRAWAL OF
CORRECTION COEFFICIENTS (ARTICLE 64 OF THE STAFF REGULATIONS)
Article 9
1. The appropriate authorities of the Member
States concerned, the administration of an institution of the European Union or
the representatives of officials of the European Union in a given place of
employment can request the creation of a correction coefficient specific to
that place.
This request should be supported by objective
factors revealing an appreciable difference over some years in the cost of
living between that place of employment and the capital of the Member State
concerned (except for the Netherlands where The Hague is used instead of
Amsterdam). If Eurostat confirms that the difference is appreciable (more than
5 %) and sustainable, the Commission shall enact, by means of delegated acts in
accordance with Articles 110a and 110b of the Staff Regulations, a correction
coefficient for that place.
2. Likewise the Commission shall decide to
withdraw the application of a correction coefficient specific to a certain
place. In that case the proposal shall be based on one of the following:
(a)         
a request by the appropriate authorities of the
Member State concerned, the administration of an institution of the European Union or
the representatives of officials of the European Union in a given place of
employment showing that the cost of living in that place is no longer
significantly different (less than 2 %) than that of the capital of the Member
State concerned. This convergence should be sustainable and validated by
Eurostat,
(b)         
the fact that there are no longer any officials
and temporary staff of the European Union employed in that place.
3. Eurostat shall establish the purchasing
power parity between the place of employment and the capital city of the Member
State concerned. The economic parity for the place of employment shall be the
product of the purchasing power parity and the correction coefficient
applicable to the capital city. 
CHAPTER 5
EXCEPTION CLAUSE
Article 10
If there is a decrease in the gross domestic
product of the European Union for the current year, forecast by the Commission's
directorate-general for economic and financial affairs, and the annual update value
exceeds the forecasted change in the gross domestic product of the European Union
by two percentage points, the update value, in case it is positive, shall be
divided into two equal parts. The Commission shall act by means of delegated
acts in accordance with Articles 110a and 110b of the Staff Regulations,
according to which the first half of the update value shall come into effect
from 1 July of the current year and the second half shall come into effect from
1 July of the following year. 
CHAPTER 6
ROLE OF EUROSTAT AND RELATIONS
WITH THE STATISTICAL OFFICES OF THE MEMBER STATES
Article 11
It shall be the task of Eurostat to monitor the
quality of basic data and statistical methods used to work out the factors
taken into account for the update of remuneration. In particular, it shall make
any assessments or carry out any studies required for such monitoring.
National statistical offices shall carry out
their tasks in accordance with the principle of impartiality and supply
Eurostat with all necessary data and explanations.
Article 12
In March each year Eurostat shall convene a
working group composed of experts from the statistical offices of the Member
States to be known as the ‘Working Group on Article 65 of the Staff
Regulations’.
At this meeting, the statistical methodology
and its implementation concerning specific and control indicators shall be
examined.
The information required to produce a forecast
of changes in nominal salaries for the purposes of the update of remuneration
shall also be provided, together with the data on working hours in central
government departments.
Article 13
At the request of Eurostat, Member States shall
inform Eurostat of any factors having a direct or indirect impact on the
composition and changes in the remuneration of central government civil servants.
CHAPTER 7
FINAL PROVISION AND REVIEW
CLAUSE
Article 14
1. The provisions of this Annex shall apply
from 1 January 2013 to 31 December 2022.
2. They may be reviewed at the end of the fifth
year particularly in the light of their budgetary implications. To this end,
the Commission shall submit a report to the European Parliament and the Council
and, where appropriate, a proposal to amend this Annex on the basis of Article
336 of the Treaty on the Functioning of the European Union.';
54.                  
Annex XII shall be amended as follows:
(a)         
Article 2 shall be amended as follows:
(i) In paragraph 1, the word 'adjustment' shall
be replaced by 'update';
(ii) Paragraph
2 shall be deleted and paragraph 3 shall become paragraph 2; 
(b)         
In Article 4(6), the words '12-year' shall be replaced
by '30-year';
(c)         
In Articles 10(2) and 11(2) the words '12 years'
shall be replaced by '30 years';
(d)         
Article 11(1) shall be replaced by the
following:
'1. The annual change in the salary scales of
officials to be taken into consideration for the actuarial calculations shall
be based, for the period until 2012, on the specific indicators referred to in
Article 1(4) of Annex XI as in force in 2012 and, for the period starting in
2013, on specific indicators corresponding each year to the ratio between the global
salary indicator referred to in Article 1(4) of Annex XI and the European Index
of Consumer Prices';
(e)         
After Article 11 the following Article shall be
inserted:
'Article 11a
Until 2020, for the application of Articles
4(6), 10(2) and 11(2) of this Annex, the moving average shall be calculated on
the basis of the following time scale:
 In 2013 – 14 years || In 2017 – 22 years 
 In 2014 – 16 years || In 2018 – 24 years 
 In 2015 – 18 years || In 2019 – 26 years 
 In 2016 – 20 years || In 2020 – 28 years.'; 
(f)           
The following sentence shall be added to Article
12:
'For that purpose, the Commission shall act by
means of delegated acts in accordance with Articles 110a and 110b of the Staff
Regulations.';
(g)         
Article 14 shall be replaced by the following:
'On the occasion of the five-yearly actuarial
assessment, this Annex may be reconsidered by the European Parliament and the
Council, particularly in the light of its budgetary implications and actuarial
balance, on the basis of a report together with, if appropriate, a proposal from
the Commission made after securing the opinion of the Staff Regulations
Committee. The European Parliament and the Council shall act on this proposal
on the basis of Article 336 of the Treaty on the Functioning of the European
Union.';
55.                  
Annex XIII shall be amended as follows:
(a)         
In the third subparagraph of Article 7(2), the
word 'adjustment' shall be replaced by 'update';
(b)         
Articles 10, 14 to 17, 18(2) and 19 shall be
deleted;
(c)         
In Article 18(1), the word 'adjusted' shall be
replaced by 'updated' and the word 'adjustment' shall be replaced by 'update';
(d)         
Article 20 shall be amended as follows:
(i) Paragraph 2 shall be deleted;
(ii) The second subparagraph of paragraph 3
shall be replaced by the following:
'Their pensions shall be subject to the
correction coefficient only if the residence of the official coincides with
their last place of employment or with the country of their place of origin
within the meaning of Article 7(3) of Annex VII. However, for family or medical
reasons, officials receiving a pension may request the appointing authority to
change their place of origin; this decision shall be taken on production by the
official concerned of appropriate supporting evidence.';
(iii) The following subparagraph shall be
inserted after the second subparagraph of paragraph 3:
'The minimum economic parity referred to in
point (b) of Article 3(5) of Annex XI shall be 1.';
(iv) After paragraph 3, the following paragraph
shall be inserted:
'3a. For officials recruited before 1 January
2013 the third subparagraph of paragraph 3 shall apply.';
(v) The last sentence of paragraph 4 shall be
deleted.;
(e)         
Article 22 shall be replaced by the following:
'Article 22
1. Officials with 20 or more years' service on
1 May 2004 shall become entitled to a retirement pension when they reach the
age of 60.
Officials aged 30 years or more on 1 May 2013
and who entered the service before 1 January 2013 shall become entitled to a
retirement pension at the age shown in the table below:
 Age on 1 May 2013 || Pensionable age || Age on 1 May 2013 || Pensionable age 
 59 years and above || 60 years 0 months || 44 years || 62 years 8 months 
 58 years || 60 years 2 months || 43 years || 62 years 11 months 
 57 years || 60 years 4 months || 42 years || 63 years 1 months 
 56 years || 60 years 6 months || 41 years || 63 years 3 months 
 55 years || 60 years 8 months || 40 years || 63 years 5 months 
 54 years || 60 years 10 months || 39 years || 63 years 7 months 
 53 years || 61 years 0 months || 38 years || 64 years 0 months 
 52 years || 61 years 2 months || 37 years || 64 years 1 months 
 51 years || 61 years 4 months || 36 years || 64 years 2 months 
 50 years || 61 years 6 months || 35 years || 64 years 3 months 
 49 years || 61 years 9 months || 34 years || 64 years 4 months 
 48 years || 62 years 0 months || 33 years || 64 years 5 months 
 47 years || 62 years 2 months || 32 years || 64 years 6 months 
 46 years || 62 years 4 months || 31 years || 64 years 7 months 
 45 years || 62 years 6 months || 30 years || 64 years 8 months 
Officials aged less than 30 years on 1 May 2013
shall become entitled to a retirement pension at the age of 65 years.
However, for officials aged 43 years or more on
1 May 2013 who entered the service between 1 May 2004 and 31 December 2012, the
retirement age shall remain 63 years.
For officials in service before 1 January 2013
the pensionable age to be taken into consideration for all references to the
pensionable age in these Staff Regulations shall be determined in accordance
with the above provisions, save as otherwise provided in these Staff
Regulations.
2. Notwithstanding Article 2 of Annex VIII,
officials who enter the service before 1 January 2013 and remain in
service after the age at which they would have become entitled to a retirement
pension shall be entitled to an additional increase of 3 % of their final basic
salary for each year worked after that age, provided that their total pension
does not exceed 70 % of final basic salary within the meaning of the second or
third paragraph of Article 77 of the Staff Regulations, as the case may be. 
However, for
officials aged 50 years or over or with 20 or more years' service on 1 May
2004, the increase in pension provided for in the previous subparagraph shall
not be less than 5 % of the amount of the pension rights acquired at the age of
60.
The increase shall also be granted in the event
of death, if the official has remained in service beyond the age at which he
became entitled to a retirement pension.
If, pursuant to Annex IVa, an official who
enters the service before 1 January 2013 and working part-time contributes to
the pension scheme in proportion to the time worked, the increase in pension
entitlements provided for in this Article shall be applied only in the same
proportion.
3. If the official retires before reaching the
retirement age as laid down in this Article, only half of the reduction laid
down in Article 9(1)(b) of Annex VIII, shall be applied for the period between
the age of 60 and the statutory retirement age.
4. By way of derogation from the second
subparagraph of paragraph 1 of the Sole Article of Annex IV, an official to
whom a retirement age of less than 65 years applies in accordance with
paragraph 1 shall receive the allowance provided for in that Annex under the
conditions laid down therein until the day on which the official reaches the
age of 63 years or his retirement age, if the latter is higher than 63 years.
However, above that age and up to the age of 65
years the official shall continue to receive the allowance until he reaches the
maximum retirement pension.';
(f)           
Article 23 shall be amended as follows:
(i) Paragraph 1 shall be replaced by the
following:
'1. Notwithstanding Article 52 of the Staff Regulations,
officials who enter the service before 1 January 2013 and who leave the service
before the age at which they would have become entitled to a retirement pension
in accordance with Article 22 of this Annex may request the second subparagraph
of point (b) of Article 9(1) of Annex VIII to be applied from the age
determined in accordance with the table below:
 Date || Age when drawing an immediate pension 
 Until 31 December 2013 || 55 years 6 months 
 Until 31 December 2014 || 56 years 
 Until 31 December 2015 || 56 years 6 months 
 Until 31 December 2016 || 57 years 
 Until 31 December 2017 || 57 years 6 months 
(ii) Paragraph 2 shall be deleted;
(g)         
After Article 24, the following article shall be
inserted:
'Article 24a
In the case of a pension determined before 1
January 2013, the recipient's pension entitlement shall continue to be
determined after that date in accordance with the rules applied when the
entitlement was initially determined. The same applies to the cover under the
joint sickness insurance scheme.';
(h)         
Article 28 shall be replaced by the following:
'Article 28
1. The servants referred to in Article 2 of the
Conditions of Employment of Other Servants who were under contract on 1 May
2004 and who are appointed as officials after that date and before 1 January
2013 shall, on retirement, be entitled to an actuarial adjustment of the
pension rights they acquired as temporary servants which takes into account the
change in their pensionable age within the meaning of Article 77 of the Staff
Regulations.
2. The servants referred to in Article 2 and
Articles 3a and 3b of the Conditions of Employment of Other Servants who are
under contract on 1 January 2013 and are appointed as officials after that date
shall, on retirement, be entitled to an actuarial adjustment of the pension
rights they acquired as temporary or contract staff which takes into account
the change in their pensionable age referred to in Article 77 of the Staff
Regulations, in case they are at least 30 years old on 1 May 2013.';
(i)           
After Section 4, the following Section shall be
added:
'Section 5
Article 30
1. By way of derogation from Annex I, Section
A, point 2, the following table of types of posts in function group AST shall
apply to officials in service on 31 December 2012:
 Senior Assistant[5]   Carrying out administrative, technical or training activities requiring a high degree of autonomy and carrying significant responsibilities in terms of staff management, budget implementation or political coordination   || AST 10 – AST 11 
 Assistant[6]   Carrying out administrative, technical or training activities requiring a certain degree of autonomy, notably with regard to the implementation of rules and regulations or general instructions or as personal assistant of a Member of the institution, of the Head of a Member's private office or of a (Deputy) Director-General or an equivalent senior manager   || AST 1 – AST 9 
 Administrative Assistant in transition   Working for example as: (junior) clerk, (junior) documentalist, (junior) technician, (junior) IT operative, Parliamentary usher[7]     || AST 1 – AST 7 
 Support Agent in transition   Carrying out simple manual or administrative support activities   || AST 1 – AST 5 
2. With effect from 1 January 2013, the appointing
authority shall classify officials in service on 31 December 2012 in function
group AST in types of posts as follows, notwithstanding the descriptions given
in paragraph 1:
(a)         
Officials who were in grade AST 10 or AST 11 on
31 December 2012 shall be classified as Senior Assistant.
(b)         
Officials not covered by point (a) who were before
1 May 2004 in the former category B or who were before 1 May 2004 in the former
category C or D and have become member of function group AST without
restriction shall be classified as Assistant.
(c)         
Officials not covered by points (a) and (b) who
were before 1 May 2004 in the former category C shall be classified as
Administrative Assistant in transition.
(d)         
Officials not covered by points (a) and (b) who
were before 1 May 2004 in the former category D shall be classified as Support
Agent in transition.
(e)         
Officials not covered by points (a) to (d) shall
be classified on the basis of the grade of the competition that resulted in the
list of suitable candidates from which they were recruited. Officials who
passed a competition of grade AST3 or higher shall be classified as Assistants,
all other officials shall be classified as Administrative Assistants in
transition. The correlation table in Article 13(1) of this Annex shall apply by
analogy, irrespective of the date on which the official was recruited.
3. By derogation to paragraph 2, point (e),
officials recruited on the basis of a competition at a grade lower than AST 3
may be classified by the appointing authority before 31 December 2015 as
Assistants in the interest of the service and upon the basis of the post occupied
on 31 December 2012. Each appointing authority shall lay down provisions to
give effect to this Article in accordance with Article 110 of the Staff Regulations.
However, the total number of Administrative Assistants in transition benefiting
from this provision shall not exceed 5% of the Administrative Assistants in
transition on 1 January 2013.
4. Without prejudice to Article 86 and Annex IX
of the Staff Regulations, officials shall keep their initial classification
until they are assigned to a post of a superior type. Promotion shall only be
allowed within the career streams corresponding to each type of post indicated
in paragraph 1.
5. By way of derogation from Article 6(1) of
the Staff Regulations and from Annex I, Section B, the number of vacant
positions in the next higher grade required for promotion purposes shall be
calculated separately for Support Agents in transition. The following
multiplication rates shall apply:
   || Grade || Rate 
 Support Agents in transition || 5 || - 
 4 || 10 % 
 3 || 22 % 
 2 || 22 % 
 1 || - 
As far as Support Agents in transition are
concerned, comparative merits for the purposes of promotion (Article 45(1) of
the Staff Regulations) shall be considered between eligible officials of the
same grade and classification.
6. Administrative Assistants in transition and
Support Agents in transition who were before 1 May 2004 in the former category
C or D shall continue to be entitled either to compensatory leave or to
remuneration, where the requirements of the service do not allow compensatory leave
during the month following that in which the overtime was worked, as provided
for in Annex VI.
7. Officials who were authorised, on the basis
of Article 55(2)(e) of the Staff Regulations and Article 4 of Annex IVa to the
Staff Regulations, to work part time for a period starting before 1 January
2013 and extending beyond that date may continue to work part time under the
same conditions during a maximum overall period of five years.
Article 31
By way of derogation from the first sentence of
the fourth subparagraph of Article 1 of Annex II to the Staff Regulations, the
representation of the function group AST/SC need not to be ensured in the Staff
Committee until 1 January 2017.';
Article 2
The Conditions of Employment of Other Servants
of the European Union shall be amended as follows:
1.                      
The second indent of Article 1 shall be deleted.;
2.                      
The following point shall be added to Article 2:
'(f) staff engaged to fill a post which is
included in the list of posts appended to the section of the budget relating to
an agency as referred to in Article 1a(2) of the Staff Regulations and which
the budgetary authorities have classified as temporary, except heads of
agencies and deputy heads of agencies as referred to in the European Union act
establishing the agency.';
3.                      
Article 3 shall be deleted.;
4.                      
In point (b) of Article 3b, point (i) shall be
replaced by the following:
'Officials or temporary staff in function
groups AST/SC and AST;';
5.                      
In the first paragraph of Article 8, the terms
'Article 2(a)' shall be replaced by 'Article 2(a) or Article 2(f)';
6.                      
Article 10(4) shall be deleted;
7.                      
Article 11 shall be amended as follows:
(a)         
In the first sentence of the first paragraph,
the number '26' shall be replaced by '26a';
(b)         
In the third paragraph, the word 'second' shall
be replaced by 'third';
8.                      
Article 12 shall be amended as follows: 
(a)         
The following sentence shall be added to
paragraph 1:
'No posts shall be reserved for nationals of
any specific Member State. However, the principle of the equality of European Union’s
citizens shall allow each institution to adopt corrective measures following
the observation of a long lasting and significant imbalance between
nationalities among temporary staff which is not justified by objective
criteria. These corrective measures shall never result
in recruitment criteria other than those based on merit. Before such corrective
measures are adopted, the authority referred to in the
first paragraph of Article 6 shall adopt general
provisions for giving effect to this paragraph in accordance with Article 110
of the Staff Regulations.
After a five-year period starting on 1 January
2013 the Commission shall report to the European Parliament and to the Council
on the implementation of the preceding paragraph.';
(b)         
In paragraph 5, the word 'Each institution'
shall be replaced by 'The authority referred to in the first paragraph of
Article 6';
9.                      
The first and second paragraphs of Article 14
shall be replaced by the following:
'A member of the temporary staff shall serve a
nine month probationary period.
Where, during his probationary period, a member
of the temporary staff is prevented, by sickness, maternity leave under Article
58 of the Staff Regulations, or accident, from performing his duties for a
continuous period of at least one month, the authority referred to in the first
paragraph of Article 6 may extend his probationary period by the corresponding
length of time.';
10.                  
In paragraph 1 of Article 15, the following
sentence shall be added to the first subparagraph:
'Members of the temporary staff graded in
accordance with the grading criteria adopted by the authority referred to in
the first paragraph of Article 6 shall retain the seniority in the step
acquired in that capacity if they are engaged as temporary staff in the same
grade immediately following the preceding period
of temporary service.';
11.                  
The second paragraph of Article 17 shall be
replaced by the following:
'Any period of leave granted in accordance with
the preceding paragraph shall not count for the purposes of the application of the
first paragraph of Article 44 of the Staff Regulations.';
12.                  
Article 20 shall be amended as follows:
(a)         
In paragraph 3, the words 'special levy' shall
be replaced by 'solidarity levy';
(b)         
Paragraph 4 shall be replaced by the following:
'Article 44 of the Staff Regulations shall
apply by analogy to temporary staff.';
13.                  
Article 28a shall be amended as follows:
(a)         
In paragraph 10 the word 'Institutions' shall be
replaced by 'authorities referred to in the first paragraph of Article 6 of the
Institutions';
(b)         
Paragraph 11 shall be replaced by the following:

'Every two years the Commission shall present a
report on the financial situation of the unemployment insurance scheme.
Independently of this report, the Commission may, by means of delegated acts in
accordance with Articles 110a and 110b of the Staff Regulations, adjust the
contributions provided for in paragraph 7 if this is necessary in the interests
of the balance of the scheme.';
14.                  
Article 34 shall be amended as follows:
(a)         
In the second and third paragraphs, the number
'63' shall be replaced by '65';
(b)         
In the second subparagraph, the words 'Article 2
(a), (c) or (d)' shall be replaced by 'Article 2 (a), (c), (d), (e) or (f)';
15.                  
In the third sentence of Article 36, the words
'Article 2(a), (c) or (d)' shall be replaced by 'Article 2 (a), (c), (d), (e)
or (f)';
16.                  
In the fourth paragraph of Article 37, the
number '63' shall be replaced by '65', and the words 'Article 2(a), (c) or (d)'
shall be replaced by 'Article 2 (a), (c), (d), (e) or (f)';
17.                  
Article 39(1) shall be replaced by the
following:
'1. On leaving the service, a servant within
the meaning of Article 2 shall be entitled to a retirement pension, transfer of
the actuarial equivalent or the payment of the severance grant in accordance
with Chapter 3 of Title V of, and Annex VIII to, the Staff Regulations. Where
the servant is entitled to a retirement pension his pension rights shall be
reduced in proportion to the amounts paid under Article 42.
Article 9(2) of Annex VIII to the Staff
Regulations shall apply under the following conditions: the authority referred
to in the first paragraph of Article 6 may decide, in the interests of the
service on the basis of objective criteria and transparent procedures
introduced by means of general implementing provisions, not to apply any
reduction to the pension of a temporary servant, up to a maximum of four
temporary servants in all institutions in any one year. The annual number may
vary, subject to a maximum of six every two years and the principle of budget
neutrality.';
18.                  
In the first paragraph of Article 42, the word
'institution' shall be replaced by 'authority referred to in the first
paragraph of Article 6';
19.                  
Point (a) of Article 47 shall be replaced by the
following:
'at the end of the month in which the servant
reaches the age of 65, or, on an exceptional basis, at the date fixed in
accordance with the second subparagraph of Article 52(b) of the Staff
Regulations; or';
20.                  
Article 50c(2) shall be deleted;
21.                  
The following Chapter shall be added to Title
II:
'Chapter 11
Special provisions for members of temporary
staff referred to in Article 2(f)
Article 51
Article 37, with the exception of point (b) of
the first paragraph, and Article 38 of the Staff Regulations shall apply by
analogy to members of the temporary staff referred to in Article 2(f).
Article 52
'By way of derogation from the second sentence
of the first paragraph of Article 17, members of temporary staff referred to in
Article 2(f) with a contract for an indefinite period may, irrespective of
their seniority, be granted unpaid leave for periods not exceeding one year. 
The total length of such leave may not exceed
15 years in the course of the staff member's entire career.
Another person may be engaged to the post
occupied by the member of the temporary staff.
On the expiry of his leave a member of the
temporary staff must be reinstated in the first post corresponding to his grade
which falls vacant in his function group, provided that he satisfies the
requirements for that post. If he declines the post offered to him, he shall
retain his right to reinstatement when the next vacancy corresponding to his
grade occurs in his function group subject to the same provisions; if he
declines a second time, employment may be terminated by the institution without
notice. Until effectively reinstated or placed on secondment he shall remain on
unpaid leave on personal grounds.
Article 53 
Temporary staff referred to in Article 2(f)
shall be engaged on the basis of a selection procedure organised by one or more
agencies. The European Personnel Selection Office shall, at the request of
the agency or agencies concerned, provide assistance to the agencies, in
particular by defining the contents of the tests and organising the selection
procedures. The Office shall ensure the transparency of the selection
procedures.
In case of an external selection procedure,
temporary staff referred to in Article 2(f) shall be engaged only at grades
SC1, AST 1 to AST 4 or AD 5 to AD 8. However, the agency may, where
appropriate, authorise the engagement at grade AD 9, AD 10, AD 11 or, on
an exceptional basis, at grade AD 12. The total number of engagements
at grades AD 9 to AD 12 in an agency shall not exceed 20 % of the total number
of engagements of temporary staff to the function group AD, calculated over a
five-year rolling period.
Article 54 
In the case of temporary staff referred to in
Article 2(f), classification in the next higher grade shall be exclusively by
selection from among staff members who have completed a minimum period of two
years in their grade, after consideration of the comparative merits of such
temporary staff and of the reports on them. The last sentence of Article 45(1)
and Article 45(2) of the Staff Regulations shall apply by analogy. The
multiplication rates for guiding average career equivalence, as set out for
officials in Section B of Annex I to the Staff Regulations, may not be
exceeded. 
In accordance with Article 110 of the Staff
Regulations, each agency shall adopt general provisions for the implementation
of this Article.
Article 55
Where a member of the temporary staff referred
to in Article 2(f) moves, following an internal publication of a post, to a new
post within his function group, he shall not be classified in a lower grade or
step than in his former post, provided that his grade is one of the grades set
out in the vacancy notice. 
The same provisions shall apply by analogy
where the member of such temporary staff concludes a new contract with an
agency immediately following a preceding contract for such temporary staff with
another agency.
Article 56 
In accordance with Article 110(2) of the Staff
Regulations, each agency shall adopt general provisions on the procedures
governing the engagement and use of temporary staff referred to in Article
2(f).';
22.                  
Title III 'Auxiliary staff' shall be deleted; 
23.                  
In Article 79(2), the word 'Each institution'
shall be replaced by ' The authority referred to in the first paragraph of
Article 6';
24.                  
Paragraphs 3 and 4 of Article 80 shall be replaced
by the following:
'3. Based on this table the authority referred
to in the first paragraph of Article 6 or body referred to in Article 3a may,
after consulting the Staff Regulations Committee, define in more detail the
powers attaching to each type of duties.
4. Articles 1d and 1e of the Staff Regulations
shall apply by analogy.';
25.                  
In Article 82(6), the word 'Each institution'
shall be replaced by 'The authority referred to in the first paragraph of
Article 6';
26.                  
Paragraph 2 of Article 84 shall be replaced by
the following:
'Where, during his probationary period, a
member of the contract staff is prevented, by sickness, maternity leave under
Article 58 of the Staff Regulations, or accident, from performing his duties
for a continuous period of at least one month, the authority referred to in the
first paragraph of Article 6 may extend his probationary period by the
corresponding length of time.';
27.                  
In Article 85(3), the words 'Article 314 of the
EC Treaty' shall be replaced by 'Article 55(1) of the Treaty on European
Union';
28.                  
In paragraph 1 of Article 86, the following
subparagraph shall be inserted after the first subparagraph:
''For function group I Article 32 (2) of the
Staff Regulations shall apply by analogy. General implementing provisions shall
be adopted to give effect to this Article in accordance with Article 110 of the
Staff Regulations.';
29.                  
In point (b) of the first subparagraph of
Article 88, the terms 'three years' shall be replaced by the terms 'six years';
30.                  
In paragraph 1 of Article 89, the following
subparagraph shall be inserted after the first subparagraph: 
'For function group I Article 32 (2) of the
Staff Regulations shall apply by analogy. General implementing provisions shall
be adopted to give effect to this Article in accordance with Article 110 of the
Staff Regulations.';
31.                  
In Article 95, Article 103(2) and (3) and in
Article 106(4), the number '63' shall be replaced by '65';
32.                  
Paragraph 11 of Article 96 shall be replaced by
the following:
'Every two years the Commission shall present a
report on the financial situation of the unemployment insurance scheme.
Independently of this report, the Commission may, by means of delegated acts in
accordance with Articles 110a and 110b of the Staff Regulations, adjust the
contributions provided for in paragraph 7 if this is necessary in the interests
of the balance of the scheme.';
33.                  
In Article 120, the word 'each institution'
shall be replaced by 'the authority referred to in the first paragraph of
Article 6';
34.                  
In Article 141, the word 'each institution'
shall be replaced by 'the authority referred to in the first paragraph of
Article 6';
35.                  
The Annex shall be amended as follows:
(a)         
The following sentences shall be added to
Article 1(1):
'Articles 22, with the exception of paragraph
4, Article 23, Article 24a and paragraph 7 of Article 30 of that Annex shall
apply by analogy to other servants employed on 31 December 2012. Paragraphs 1,
2, 3, 4 and 6 of Article 30 of that Annex shall apply by analogy to temporary
staff employed on 31 December 2012.’;
(b)         
The following Article shall be added:
'Article 6
With effect from 1 January 2013, contracts
of temporary staff to whom Article 2(a) of the Conditions of Employment of
Other Servants applies and who are in service on 31 December 2012 in an agency shall
be transformed, without selection procedure, into contracts under point (f) of
these Conditions of Employment. The conditions of the contract shall remain
unchanged for the rest. This paragraph does not apply to contracts of temporary
staff engaged as heads of agencies or deputy heads of agencies as referred to
in the European Union act establishing the agency.';
Article 3
This Regulation shall enter into force on 1
January 2013.
This Regulation shall be binding
in its entirety and directly applicable in all Member States.
Done at Brussels,
For the European Parliament                       For
the Council
The President                                                 The
President
LEGISLATIVE FINANCIAL STATEMENT
1.           FRAMEWORK OF THE PROPOSAL/INITIATIVE 
              1.1.    Title of the proposal/initiative 
              1.2.    Policy
area(s) concerned in the ABM/ABB structure
              1.3.    Nature
of the proposal/initiative 
              1.4.    Objective(s)

              1.5.    Grounds
for the proposal/initiative 
              1.6.    Duration
and financial impact 
              1.7.    Management
method(s) envisaged 
2.           MANAGEMENT MEASURES 
              2.1.    Monitoring
and reporting rules 
              2.2.    Management
and control system 
              2.3.    Measures
to prevent fraud and irregularities 
3.           ESTIMATED FINANCIAL IMPACT OF THE
PROPOSAL/INITIATIVE 
              3.1.    Heading(s)
of the multiannual financial framework and expenditure budget line(s) affected 
              3.2.    Estimated
impact on expenditure 
              3.2.1. Summary of
estimated impact on expenditure 
              3.2.2. Estimated impact
on operational appropriations 
              3.2.3. Estimated impact
on appropriations of an administrative nature
              3.2.4. Compatibility
with the current multiannual financial framework
              3.2.5. Third-party
participation in financing 
              3.3.    Estimated impact on revenue
LEGISLATIVE FINANCIAL STATEMENT

1.                      
FRAMEWORK OF THE PROPOSAL/INITIATIVE 
1.1.                
Title of the proposal/initiative

Proposal for a Regulation of the European
Parliament and of the Council amending the Staff Regulations of Officials and
the Conditions of Employment of Other Servants of the European Union.

1.2.                
Policy area(s) concerned in the ABM/ABB
structure[8]

All areas and activities are potentially
concerned. 

1.3.                
Grounds for the proposal/initiative 
1.3.1.          
Requirement(s) to be met in the short or long
term

Optimising human resources management in the EU
Institutions by providing appropriate legal framework.

1.4.                
Duration and financial impact 

ý Proposal/initiative of unlimited
duration
–     
Implementation with a start-up period from 1
January 2013,
–     
followed by full-scale operation.

1.5.                
Management mode(s) envisaged[9] 

ý Centralised direct management by the EU institutions

2.                      
ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE
2.1.                
Heading(s) of the multiannual financial
framework and expenditure budget line(s) affected 

·      The proposal has a financial impact on all budgetary lines relating
to staff expenditure in all Institutions and Agencies, i.e. it concerns
expenditure for salaries of staff in headquarters and in delegations, contract
agents, staff in the administrative offices, Members, parliamentary assistants,
research staff, staff financed under BA-lines, staff paid under the provisions
of early termination of service, pensions.

2.2.                
Estimated impact on expenditure 
2.2.1.          
Summary of estimated impact on administrative
expenditure under all headings

–     
ý  The proposal/initiative requires the use of administrative
appropriations, as explained below:
EUR million in 2011 prices (to 3 decimal places)
 Budget lines as defined in 2.1 || Year 2013 || Year 2014 || Year 2015 || Year 2016 || Year 2017 || Year 2018 || Year 2019 || Year 2020 || Total 2013-2020 || In long term[10] 
 
 TOTAL appropriations under HEADING 5 of the multiannual financial framework || (Total commitments = Total payments) || -33,120 || -63,057 || -94,666 || -127,501 || -163,021 || -174,092 || -186,388 || -199,399 || -1041,245[11] || -1022,488 
 TOTAL appropriations outside HEADING 5 of the multiannual financial framework || (Total commitments = Total payments) || -8,280 || -15,758 || -23,644 || -31,800 || -40,579 || -43,210 || -46,074 || -49,015 || -258,360 || -106.286 
EUR million in 2011
prices (to 3 decimal places)
   ||   ||   || Year 2013 || Year 2014 || Year 2015 || Year 2016 || Year 2017 || Year 2018 || Year 2019 || Year 2020 || Total 2013-2020 || In long term 
 TOTAL appropriations under HEADINGS 1 to 5 of the multiannual financial framework || (Total commitments = Total payments) || -41,400 || -78,815 || -118,310 || -159,301 || -203,600 || -217,302 || -232,462 || -248,414 || -1299,605 || -1128,774 

2.2.2.          
Estimated impact on operational appropriations 

–     
ý  The proposal/initiative does not require the use of operational
appropriations 

2.2.2.1.    
Estimated requirements of human resources 

–     
ý  The proposal/initiative does not require the use of human
resources 

2.2.3.          
Compatibility with the multiannual financial
framework 

–     
ý  Proposal/initiative is compatible with the multiannual financial
framework.

2.2.4.          
Third-party contributions 

–     
The proposal/initiative does not provide for
co-financing by third parties 

2.3.                
Estimated impact on revenue 

–     
¨  Proposal/initiative has no financial impact on revenue.
–     
ý  Proposal/initiative has the following financial impact:
–                   
¨         on own resources 
–                   
ý         on miscellaneous revenue 
EUR million (to 3 decimal places)
 Budget revenue line: || Appropriations forecasted in DB2012 (in 2011 prices) || Impact of the proposal/initiative 
 Year 2013 || Year 2014 || Year 2015 || Year 2016 || Year 2017 || Year 2018 || Year 2019 || Year 2020 || In long term 
 Article 410 Pension contribution || 461,746 || -12,359 || -20,730 || -28,496 || -35,909 || -42,897 || -44,258 || -45,596 || -46,859 || -60,161 
 Article 400 Tax || 615,079 || -7,239 || -11,797 || -16,218 || -20,628 || -24,988 || -26,461 || -28,042 || -29,669 || -103,331 
 Article 404 Special levy || 63,344 || +5,847 || +5,147 || +4,458 || +3,762 || +3,082 || +2,799 || +2,514 || +2,236 || -4,643 
Specify the method for
calculating the impact on revenue.
The impact on revenue is based on changes
in the changes in basic salaries, allowances and pensions to which these
deductions apply.
[1]               Regulation (EEC, Euratom, ECSC) No 260/68 of the
Council of 29 February 1968 laying down the conditions and procedure for
applying the tax for the benefit of the European Communities, OJ L 56,
4.3.1968, p. 8.
[2]               The first assignment of an official to a post of Senior
Assistant may only take place in accordance with the procedure laid down in
Articles 4 and 29(1) of the Staff Regulations.
[3]               The first assignment of an official to a post of
Assistant may only take place in accordance with the procedure laid down in
Articles 4 and 29(1) of the Staff Regulations.
[4]               The number of posts of Parliamentary ushers in the
European Parliament shall not exceed 85.
[5]               Without prejudice to paragraph 2 point (a), the first
assignment of an official to a post of Senior Assistant may only take place in
accordance with the procedure laid down in Articles 4 and 29(1).
[6]               Without prejudice to paragraph 2 point (b) and (e), the
first assignment of an official to a post of Assistant may only take place in
accordance with the procedure laid down in Articles 4 and 29(1).
[7]               The number of posts of Parliamentary ushers in the
European Parliament shall not exceed 85.
[8]               ABM: Activity-Based Management – ABB: Activity-Based
Budgeting.
[9]               Details of management modes and references to the
Financial Regulation may be found on the BudgWeb site: http://www.cc.cec/budg/man/budgmanag/budgmanag_en.html
[10]             The column "long term" gives the amount of
the annual savings when the effects of the 2013 review of the Staff Regulations
reach their cruising speed. This would correspond to the 2060's, i.e. when the
impact on pension expenditure is the highest.
[11]             The cumulative impact in Heading V over the next Multi
Annual Financial Framework 2014-2020 is estimated at -1008 billion.