CELEX: 51975PC0699
Language: en
Date: 1976-01-14
Title: Proposal for a COUNCIL REGULATIOH laying down the Conditions of Employment of Staff of the European Centre for the Development of Vocational Training#Proposal for a COUNCIL REGULATION laying down the Conditions of Employment of Staff of the European Foundation for the Improvement of Living and Working Conditions (presented to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 699
Vol. 1975/0256
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak---      COMMISSION OF THE EUROPEAN COMMUNITIES
                                                        COM(75 ) 699 final.
                                                        Brussels .    .January 1975
                                Proposai for a
                              COUNCIL REGULAT I OH
                  laying down "the Conditions of Employment of Staff
               of "the European Centre for the Development of Vocational
                                   Training
               i
                          s     Proposai for a
                              COUNCIL REGULATION
                  laying down the Conditions of Employment of Staff
               of the European Foundation for the Improvement of Living
                                 and Working Conditions
                     (presented to the Council by the Commission)
C0M(75 ) 699 final .
 ---pagebreak---                                   EXPLAMTORY ÏCTDRAÏÏDOM
 I * By Regulations No 337/75 of 10 February 1975 and- No 1365/ 75
     26 May 1975 respectively, the Council decided to set up a European
     Centre for the Development of Vocational Training and a European
     Foundation for the Improvement of Living and Working Conditiens .
     Both Regulations specify that provisions governing the staff of the
     Centre and the Foundation are to "be adopted by the Council , acting
     on a proposal from the Commission.
     For obvious reasons , the Commission considers that the Conditions of
     Employment of staff of these two agencies and any other similar bodies
     that may be established should be the same as far as possible .
     The Commission therefore proposes identical Conditions of Employment
     for the staff of the Centre and the Foundation .
II . Three types of personnel are involved :
     (A) The staff properly so called , whose Conditions of Employment are
         based largely on the provisions applying to temporary staff of the
         European Communities . It is logical that staff who , in limited
         numbers , are to be recruited on as broad a geographical basis as
         possible should be offered material conditions comparable to those
         applying to Community staff members , i.e. they must be identical
         whatever the place of employment and such as will encourage suitable
         people to leave their job in their own country in exchange for a
         contractual (therefore highly terminable) position in one of these
         agencies .
             ■s
         However , there are two exceptions to this general principle :
         ( i) the social security arrangements should permit staff to remain
                affiliated to their existing social security scheme ; staff
                should not be obliged to leave their national social security
                scheme for the period , of whatever length , of their employment
                in either of these agencies . It is for this reason that the
                Commission proposal takes over the arrangements for auxiliary
                staff in the Conditions of Employment of Other Servants :
 ---pagebreak---       ( ii ; the length of contract ;  it is essential that the contract
             can "be concluded for an indefinite period where this is in
             the interests of the Centre or the Foundation .
(B ) Local staff engaged to perform manual or service duties will "be
     subject to the conditions laid down for local staff of the
     Commission in the same place of employment .
( C) The Director and Deputy Director of these agencies are to be
     engaged on conditions determined by the Administrative Board or
     Management Board . Obviously , account will have to be taken of the
     personal situation of those concerned as far as is possible and as
     far as is essential for recruiting persons with the abilites
     required for these difficult posts .
 ---pagebreak---                              PROPOSAL
         FOR A REGULATION (EEC , ECSC , EURATOM) NO ... OF THE COUNCIL
                          of
         laying down the Conditions of Employment of Staff of the
                                                                     1
         European Centre for the Development of vocational Training
                   (presented to the Council "by the Commission)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
  Having regard to Council Regulation No 337/75 ( 2 ), of 10 February
   1975 establishing a European Centre for the Development of Voca­
   tional Training and in particular Article 13 therof ;
  Having regard to the proposal from the Commission ;
Whereas it is for the Council , acting on a proposal from the Commission,
to adopt provisions governing the staff of this Centre :
HAS ADOPTED THIS REGULATION:
1
  The proposal concerning the European Foundation for the Improvement of
  Living and Working Conditions is worded in the same manner as this
  proposal , except that "Foundation" is substituted for "Centre" and
  "Administrative Board" for "Management Board" (Regulation No 1 365/75
  of 26 May 1975 - OJ No L 139 , 30 May 1975 , P. 1 ).
  OJ No L 39 » 13 February 1975 , p. 1 •
 ---pagebreak---                               TITLE I
                         GENERAL PROVISIONS
                             Article 1
These Conditions of Employment shall apply to all staff engaged tinder
contract "by the Centre .
The staff shall comprise the following
            - staff
            - local staff
            - Director and deputy Director of the Centre .
Staff employed to occupy a post comprised in the annexed table of the
establishment within the Centre 's budget shall be considered as staff of
the Centre for the purpose of these present conditions .
Staff employed ,. in conformity with local Conditions of Employment to exercise
manual duties or to occupy a post not comprised in the annexed table of the
Centre 's budget and paid from the total appropriations provided to this
effect in the budget shall be considered as local staff for the purpose of
these present conditions .
The Director of the Centre nominated by the Commission of the European
Communities is engaged in a post comprised in the annexed table of the
establishment for the budget of the Centre for the purpose of exercising
the functions provided for in Article 7 of Regulation No 337/75 of the
Council which made provision for the formation of a European Centre for
the Development of Vocational Training.
 ---pagebreak---                                 - 2 -
     The deputy Director of the Centre nominated, "by the Commission of the
     European Communities is engaged in a post comprised in the annexed table
     of the establishment for the budget of the Centre both to assist the Director'
     of the Centre and to replace him should he be absent or otherwise prevented
     from performing his functions .
 5 . The Director of the Centre has authority to conclude contracts of employment
     with -the staff comprised in paragraphs 3 and 4 above .
     The Chairman of the Administrative Council of the Centre has authority to
     sign the contracts of employment with the Director and deputy Director of "
     the Centre .
                                  TITLE II
                           THE STAFF OP THE CENTRE
                                  CHAPTER I
                                  Article 2
Staff may be engaged for a fixed or indefinite period .
                                  Article 3
Staff shall not be engaged for any purpose other than that of filling ,
in accordance with this Chapter , vacant posts included in the list of
posts appended to the Centre * s budget#    Every vacant post which is to
be filled shall be duly advertised.
                                  Artide 4
Staff shall be classified in four categories , each subdivided into
grades , according to their functions#
They shall be graded according to their qualifications and experience .
The following table shows the corresponding grade for each function :
 ---pagebreak---                        - 3 -
Category   Grades                    Functions
         A M - 5  Head, of one particular sector of activity
                  in a Division
                  Head of a specialized department
                  Qualified staff member engaged in planning
                  advisory or supervisory duties in one
                   sector of activity
           A6 - 7 Staff member engaged in planning , advisory
                  and supervisory duties on the basis of
                  general directives . Where appropriate ,
                  assists directly the person in charge of
                  one sector of activity in a Division
           A8     Newly appointed staff member engaged in
                  planning and advisory duties
        B  B1     Staff member :
                  - in charge of an administrative unit
 • • -Ï ?
                  - engaged in carrying out or supervising a
                     body of operations
                  - engaged in carrying out specially difficult
                     and complex tasks in the light of general
                     directives
           B2 - 3 Staff member :
                  - in charge of a section of an administrative
                     unit
                  - engaged in administrative tasks involving,
                     where appropriate , the interpretation of
                     regulations and general instructions
                  - engaged in carrying out difficult and
                     complex tasks in the light of general
                     directives
                  - assists the programmer in elaborating
                    machine programmes for electronic computers
 ---pagebreak---                       - 4 -
          \
          Grades                    Ponctions
Category
   B      B4 - 5 Staff member who carries out general office
                 work under supervision
   C      C1     Staff member engaged in carrying out tasks of
                 a mainly administrative nature for which
                 initiative and' responsibility are necessary
                 Staff member who possesses the background
                 and professional and technical qualifications
                 required , and who in carrying out his duties
                 must display a certain degree of initiative
                 by reason of the special nature of his work
                 or the responsibilities laid upon him
         C2 - 3  Staff member engaged in the execution of
                 work of a technical nature necessitating a
                 vocational background and qualification
                 generally supported by a certificate of
                 vocational aptitude or acquired through
                 practical experience
         C4 - 5  Carries out office or technical work
                 necessitating only vocational specialization
                 or basic skills
  D   ,  D1      Supervises and coordinates the work of a
                 small team under the authority of a staff
                 member in a higher category
         D2 - 3  Staff member engaged in elementary or routine
                 work
         D4      Unskilled employée
 ---pagebreak---                                      -  5-
                                  Article 5
 The grade and step at which staff are engaged shall "be stated in their
 contract .
 Assignment of staff to a post carrying a higher grade than that at which
 they were engaged shall "be recorded in an agreement supplementary to
 their contract of service .
                                  Article 6
 1.    There shall "be a Staff Committee which shall perform the functions
 assigned to it by these Conditions of Employment .
 2.    The composition and procedure of the Committee shall "be determined
 in accordance with the provisions of Annex I.
 3.    The Staff Committee shall represent the interests of the staff.,
 vis-5,-vis the Centre and maintain continuous contact "between the Centre
 and the staff.     It shall contribute to the smooth running of the
 Centre   "by providing a channel for the expression of opinion "by the staff*
 It shall "bring to the notice of the Director any difficulty having
 general implications concerning the interpretation and application of
 these Conditions of Employment .    It may be consulted on any difficulty
 of this kind .
 The Committee shall submit to the Director suggestions concerning the
 organization and operation of the Centre    and proposals for the improvement
•of staff working conditions or general living conditions .
 4.    Every staff member with a contract of more than one year 's duration
 or of indefinite duration shall be entitled to vote and to stand for
 election.
 A staff member with a contract of less than one year 's duration shall be
 entitled to vote if he has been employed by the Centre for at least six months *
 ---pagebreak---                                  CHAFTER II
                           RIGHTS MD OBLIGATIONS
                                 Article 7
 Staff shall carry out their duties and conduct themselves solely with
 the interests of the Centre in mind ;  they shall neither seek nor take
 instructions from any government , authority , organization or person
 outside the Centre .
They shall not without the permission of the Director accept from any
 government or from any other source outside the Centre any honour ,
decoration , favour , gift or payment of any kind whatever , except for
 services rendered either before appointment or during special leave for
military or other national service and in respect of such service .
                                 Article 8
Staff shall abstain from any action and , in particular , any public
expression of opinion which may reflect on their position .
They may not engage in an outside activity , whether gainful or not .
                                 Article 9
If the spouse of a staff member is in gainful employment , the member
shall inform the Director .
Should the nature of the employment prove to be incompatible with that
of the staff member and if the latter is unable to give an undertaking
that it will cease within a specified period , the Director shall decide
whether he shall continue in his post .
 ---pagebreak---                                    - 7 -
                               Article 10
Any staff member who in the performance of his duties is called upon to
decide on a matter in the handling or outcome of which he has a personal
interest such as to impair his independence shall inform the Director.
                               Article 11
A staff member who is a candidate for parliamentary election shall apply
for unpaid leave for a period not exceeding three months.
The Director shall consider the case of any staff member so elected. The
Director shall , having regard to the importance of the position to which
the staff member has been elected and the duties it entails , decide
whether the staff member should continue in active employment or should
apply for unpaid leave .   In the latter case , the duration of the Leave
shall be equal to the term for which the staff member has been elected.
                                Article 12
Staff shall , after leaving the Centre , continue to be bound by the duty
to behave with integrity and discretion as regards the acceptance of
certain appointments or benefits .
                                                                          • i
                                Article 13                               i
                                                                     L-  !
Staff shall exercise the greatest discretion with regard to all facts
and information coming to their knowledge in the course of or in
connection with the performance of their duties ; they shall not in any
manner whatsoever disclose to any unauthorized person any document or
information not already made public .    They shall continue to be bound
by this obligation after leaving the Centre .
 ---pagebreak---                                      - 8 -
 Staff members shall not , whether alone or together with others , publish
 or cause to "be published , without the permission of the Director , any
 matter dealing with the work of the Centre .
 Permission shall be refused only where the proposed publication is
 liable to prejudice the interests of the Centre .
                                   Article 14
 All rights in any writings or other work done by staff in the performance
 of ''their duties shall be the property of the Centre .
                                  Article 15
 Staff shall not , without permission from the Director , disclose^ on any
 grounds whatever , in any legal proceedings information of which they
have knowledge by reason of their duties.      Permission shall be refused
only where the interests of the Centre so require and such refusal would
not entail criminal consequences as far as the staff member in question
is concerned.      Staff shall continue to be bound by this obligation after
leaving the Centre .
The provisions of the preceding paragraph shall not apply to staff or
former staff giving evidence before the Court of Justice of the European
Communities on a matter concerning staff or former staff of the Centre .
                                  Article 16                          ,,
Staff shall reside either in the place where they are employed or at
no greater distance therefrom as is compatible with the proper performance
of their duties .                                                     ,
 ---pagebreak---                                 Article 17
A staff member , whatever his rank, shall assist and tender advice to his
 superiors ; he shall be responsible for the performance of the duties
 assigned to him .
A staff member in charge of any branch of the service shall be responsible
to his superiors in respect of the authority conferred on him and for the
carrying-out of instructions given try him .  The responsibility of his
 subordinates shall in no way release him from his own responsibilities .
A staff member who receives instructions which he considers to be
irregular or likely to give rise to serious difficulties shall inform his
immediate superior , if necessary in writing.    If he then receives
written confirmation of the instructions from his superior , he shall carry
them out unless they constitute a breach of criminal law .
                                Article 18
                                                                     y;
A staff member may be required to make good , in whole or in part , any
damage suffered by the Centre as a result of serious misconduct on his
part in the course of or in connection with the performance of his duties .
A reasoned decision shall be given by the Director in accordance with the
procedure laid down in regard to disciplinary matters .
The Court of Justice of the European Communities shall have unlimited
jurisdiction in disputes arising under this provision .                 ,
                                Article 19
The privileges and immunities enjoyed by the staff are accorded solely in .
the interests of the Centre .   Subject to the Protocol on Privileges and
Immunities , staff shall not be exempt from fulfilling their private
obligations or from complying with the laws and police regulations in force .
 ---pagebreak---                                   - 10
                                Article 20
The Centre shall assist every staff member , m particular in proceedings
 against any person perpetrating threats , insulting or defamatory acts or
utterances , or any attack to person or property to which he or a member
of his family is subjected by reason of his position or duties .
It shall compensate him for damage suffered in such cases , insofar as
the staff member did not either intentionally or through grave negligence
cause the damage and has been unable to obtain compensation from the
person who did cause it .
It shall facilitate such further training and instruction for staff as
is compatible with the proper functioning of the service and is in
accordance with its own interests .                               .<
                                                                  I    •
                                Article 21
Staff shall be entitled to exercise the right of association ;   they may
in particular be members of trade unions or staff associations .
                                Article 22
Staff may submit requests to the Director .
Any decision relating to a specific individual which is taken under these
Conditions of Employment shall at once be communicated in writing to the
staff member concerned .  Any decision adversely affecting a staff member
shall state the reasons on which it is based .
 ---pagebreak---                                   CHAPTER ■>,
                          CONDITIONS OP ENGAGEMENT
                                  Article 23
1.     The engagement of staff shall be directed to securing for the
Centre the services of persons of the highest standard of ability ,
efficiency and integrity , recruited on the broadest possible
geographical basis from among nationals of the Member States of the
European Communities .
Staff shall be selected without reference to race , creed or sex .
2.    A staff member may be . engaged only on condition that :
( a) he is a national of one of the Member States of the European
      Communities , unless an exception is authorized by the Management
      Board :                                                      i
                                    < •>
(b ) he has fulfilled any obligations imposed on him by the laws
      concerning military service ;                                  [
( c ) he is of the character required for the performance of his duties
(d ) he is physically fit to perform his duties ;    and
( e ) he produces evidence of a thorough knowledge of one of the
      languages of the Communities and of a satisfactory knowledge of
      another language of the Communities to the extent necessary for
      the performance of his duties .
 ---pagebreak---                                     - 12 -
                                   Article 24
  Before "being engaged , a staff member shall "be medically examined "by a
 medical officer appointed by the Centre in order that the Centre may
 he satisfied that he fulfils the requirements of Article 23(2)(d ).
                                   Article 25
 A staff member may be required to serve a probationary period not
 exceeding six months .
 On expiry of the probationary period , the employment of a staff member
 whose work has not proved adequate shall be terminated .      In such case ,
 the staff member shall receive compensation equal to one third of his
 basic salary for each complete month worked on probation .
                                  CHAPTER 4
                              WORKING COEDITIONS
                                  Article 26
Staff in active employment shall at all times be at the disposal of the
Centre .
However, the normal working week shall not exceed forty hours , the hours of
the working day to be determined by the Director .
                                  Article 27
Staff may not be required to work overtime except in cases of urgency or
exceptional pressure of work :    night work and all work on Sundays or
 ---pagebreak---                                     - 13 -
 public holidays may "be authorized only in accordance with -the procedure
 laid down "by the Director .
 The total overtime which a staff member may "be asked to work shall not
 exceed 150 hours in any six months .
 Overtime worked "by staff in Categories A and B shall carry no right to
 compensation or remuneration .
 As provided in Annex II , overtime worked "by staff in Categories C and' D
 shall entitle them either to compensatory leave or to remuneration where
 the exigencies of the service do not allow compensatory leave during the
 month following that in which the overtime was worked .
                                 Artide 28
 Staff shall he entitled to annual leave of not less than twenty–four
working days nor more than thirty working days per calendar year , in
 accordance with rules to "be laid down "by the Management Board in
 agreement with the Commission of the European Communities , after
 consulting the Staff Committee . ,
Apart from this annual leave , staff may exceptionally , on application, "be
granted special leave . The rules relating to such leave are laid down
in Annex III .
                                 Article 29
Pregnant women shall , in addition, to the leave provided for in Article 28 ,
"be entitled on production of a medical certificate to leave starting six
weeks before the expected date of confinement shown in the certificate and
ending eight weeks after the date of confinement ;    such leave shall not be
for less than fourteen weeks .
 ---pagebreak---                                - 14 -
                            Article 30
 1 . A staff member who provid.es evidence of incapacity to perform his duties
 because of sickness or accident shall automatically "be entitled to paid sick
 leave .
 He shall notify the  Centre of his incapacity as soon as possible and at the
 same time state his  present address .    He shall producs a medical certificate
 if he is absent for  more than three days .   He may be required to undergo a
 medical examination  arranged by the Centre .
 If , over a period of twelve months , a staff member is absent for up to three -
 days because of sickness for a total of more than twelve days , the Director
 shall take a decision on the advice of the Centre 's medical officer after
 consulting a medical practitioner appointed by the staff member .
Paid sick leave shall not , however , exceed the length of time , which must in
any event be not less than one month , worked by the staff member .     The
 leave shall not extend beyond the term of his contract .
On expiry of these time limits , a staff member whose contract is not terminated ,
notwithstanding that he is unable to resume his duties , shall be placed on
unpaid leave .
However , where a staff member contracts an occupational disease or sustains an
accident in the performance of his duties , he shall continue to receive his
full remuneration throughout the period during which he is incapable of,
working until such time as he is awarded an invalidity pension .
2 . Staff shall undergo a medical che ck-up every year either by the Centre 's
medical officer or by a medical practitioner chosen by them .
In the latter case , the practitioner 's fees shall be payable by the Centre
up to a maximum fixed by the Management Board .
 ---pagebreak---                            Article 31
Except in case of sickness or accident , a staff member may not be absent
without prior permission from his immediate superior .     Without prejudice
to any disciplinary measures that may apply , any -unauthorized absence which
is duly established shall be deducted from the annual leave of the person
concerned . If he has used up his annual leave , he shall forfeit his
remuneration for an equivalent period .
If a staff member wishes to spend sick leave elsewhere than at the place
where he is employed , he shall obtain prior permission from the Director .
                         Article 32
A list of public holidays shall be drawn up by the Management Board in
agreement with the Commission of the European Communities after consulting
the Staff Committee .                                                '    '
                         Article 33
In exceptional circumstances a staff member may at his own request be granted
unpaid leave on compelling personal grounds .    The Director shall determine
the length of such leave , which shall not exceed one quarter of the length
of time already worked or three months , whichever is the shorter .
Any period of leave granted in accordance with the preceding paragraph shall
not count for purposes of the application of the second paragraph of
Article 35 .
 ---pagebreak---                               - 16 -
                            Article 34
 A staff member who is recalled to serve in the armed forces shall be placed
 on leave with full remuneration , for a period equal to the length of time
 worked by him , up to a maximum of three months .   At the end of this period
 he shall , for the remainder of his service in the armed forces and up to a
 maximum of half the length of time worked by him , receive compensation ecjual
 to one third of his basic salary .   At the end of this further period he
 shall be placed on unpaid leave .
 However , the payments provided for in the preceding paragraph shall be reduced
 by the amount of service pay received by the person concerned during the
■relevant period .
                           CHAPTER 5.
                   EEMJKERATION AUD EXPEKSES
                           Artide 35
In accordance with Annex IV a staff member shall be entitled to the remuneration
 carried by his grade and step .
A staff member who has been at one step in his grade for two years shall
automatically advance to the next step in that grade .
                           Article 36
In the event of a staff member 1 s death , the surviving spouse or dependent
children shall receive the deceased 's full remuneration until the end of the
third month after the month in which the death occurred .
 ---pagebreak---                            Article 37
Staff shall be entitled , in accordance with Annex IV, to reimbursement
of expenses incurred on taking up appointment or leaving the Centre ,
and also to reimbursement of expenses incurred in the course of or in
connection with the performance of their duties .
                           CHAPTER 6
                    SOCIAL SECURITY BEHEFITS
                           Article 38
1.  So that staff are insured against sickness , accident , invalidity and
death and can "build up a retirement pension , they shall "be affiliated to
a compulsory social security scheme , preferably   that of the country to
whose scheme they were last affiliated or that of their country of- origin .
The centre shall be responsible for the employer 's contributions required
under the legislation in force where the staff member is compulsorily
affiliated to such a social security scheme , or for two thirds of the
member 's contributions where he remains voluntarily affiliated to the
national social security scheme of which he was a member before he entered
the service of the Centre or where he voluntarily joins a national social
security scheme .
 ---pagebreak---                              - 18-
 2 . Where it is not possible to apply the provisions of paragraph 1 , staff
 shall be insured against sickness , accident , involidity and death and for
 the provision of a retirement pension , at the expense of the Centre , for
 the equivalent of the two-thirds share specified in paragraph 1 .     Provisions
for applying the foregoing shall be laid down by the Management Board after
 consulting the Staff Committee .
                           Article 39
 1.  On the birth of a child to a staff member , the member shall receive
a grant of Bfrs 7 000 .
2 . This grant shall also be payable in the event of termination of
pregnancy after not less than seven months .
3 . A staff member receiving a grant on the birth of a child shall declare
any grants of the same nature which he or his spouse receive from other
sources for the same child ; such grants shall be deducted from the grant
provided for above .
                          Article 40
In the event of a staff member 's death , the Centre shall bear the costs
involved in transporting the body to his place of origin .
 ---pagebreak---                                      - 19-
                                   Article 41
 Gifts , loans or advances may be made "to staff who are in a particularly difficult
position as a result inter alia of serious or protracted illness or "by reason
of family circumstances .
The foregoing paragraph shall apply by analogy to a former staff member after
expiry of his contract where , as a result of serious or protracted illness
contracted , or of an accident sustained , during his employment , he is incapable
of working and proves that such illness or accident is not covered by another
social security scheme .
                                   CHAPTER 7
                          . RECOVERY OP OVERPAYMENTS
                                   Article 42
Any sum overpaid shall be recovered if the recipient was aware that there was
no due reason for the payment or if the fact of the overpayment was patently
such that he could not have been unaware of it .
 ---pagebreak---                                     - 20 -
                                  CHAPTER 8
           /
                                   APPEALS
                                  Article 43
 1 . Any person to whom these Conditions of Employment apply may submit to
 the Director a request that he take a decision relating to him .       The Director
 shall notify the person concerned of his reasoned decision within four months
from the date on which the request was made .     If at the end of that period
no reply to the request has been received , this shall be deemed to constitute
an implied decision rejecting it , against which a complaint may be lodged
in accordance with the following paragraph .
2.     Any person to whom these Conditions of Employment apply may submit to
the Management Board a complaint against an act adversely affecting him ,
either where the Board has taken a decision or where it has failed to
adopt a measure prescribed by the Conditions of Employment .        The complaint
mast be lodged within three months .     The period shall start to run :
– on the date of notification of the decision to the person concerned , but
    in no case later than the date on which he became aware of the decision ,
    if the measure affects a specified, person ; if , however , an act affecting
    a specified person also adversely affects another person , the period
    shall start to run in respect of that other person on the date on which
    he receives notification thereof but in no case later than the date of
    publication;
- on the date of expiry of the period prescribed for reply where the ,
    complaint concerns an implied decision rejecting a request as provided ;Ln
   paragraph 1 . .                                               ■'
 ---pagebreak---                                    - 21 -
 The Board, shall notify the person concerned of its reasoned decision within
 four months from the date on which the complaint was lodged .   If at the
 end of that period no reply to the complaint has been received , this shall
"be deemed to constitute an implied decision rejecting it , against which an
appeal may be lodged under Article 44 •
3 . A request or complaint by a staff member shall be submitted through
his immediate superior , except where it concerns that person , in which case
it may be submitted direct to the authority next above .
                                 Article 44
1.    The Court of Justice of the European Communities shall have jurisdiction
in any dispute between the Centre and any person to whom these Conditions of
Employment apply regarding the legality of an act adversely affecting such
person within the meaning of Article 43(2 ).    In disputes of a financial
character the Court of Justice shall have unlimited jurisdiction.
2.    An appeal to the Court of Justice of the European Communities shall
lie only if :
– the Management Board has previously had a complaint submitted to it
   pursuant to Article 43(2 ) within the period prescribed therein , and
– the complaint has been rejected by express decision or by implied
   decision .
 ---pagebreak---                                     - 22 -
 3.     Appeals under paragraph 2 shall be filed within three months .   The
period shall begin :
– on the date of notification of the decision taken in response to the
    complaint ;
- on the date of expiry of the period prescribed for the reply where the
    appeal is against an implied decision rejecting a complaint submitted
    pursuant to Article 43(2 ); nevertheless , where a complaint is rejected
    by express decision after being rejected by implied decision but before
    the period for lodging an appeal has expired , the period for lodging the
    appeal shall start to run afresh .
4.     3y way of derogation from paragraph 2 , the person concerned may , after
submitting a complaint to the ]Y&nagement Board pursuant to Article 43(2 ) ,
immediately file an appeal with the Court of Justice , provided that such
appeal is accompanied by an application either for a stay of execution of
the contested act or for the adoption of interim measures .     The proceedings
in the principal action before the Court of Justice shall then be suspended
until such time as an express or implied decision rejecting the complaint
is taken .
5.     Appeals under this Article shall be investigated and heard as provided
in the Rules of Procedure of the Court of Justice of the European Communities
 ---pagebreak---                                    CHAPTER 9
                          TERffiïTATION OP EMPLOYAIENT
                                   Article 45
Apart from cessation on death , employment shall cease :
1.     Where the contract is for a fixed period :
(a) on the date stated in the contract ;
(b) at the end of the period of notice specified in the contract , where
       the latter contains a clause giving the staff member or the Centre
       the option to terminate earlier .     Such period of notice shall "be
       not more than three months ;     „
( c ) at the end of the month in which the staff member reaches the age of
       sixty-five years .
If the Centre terminates the contract , the staff member shall be entitled
to compensation equal to one third of his basic salary for the period
between the date when his duties end and the date when his contract expires#
2.     Where the contract is for an indefinite period :
(a) at the end of the period of notice stipulated in the contract ; ; the
     • length of the period of notice shall not be less than two days for each
       completed month of service , subject to a minimum of fifteen days and a
                                                                         ' J
       maximum of three months .    The period of notice shall not , however ,
       commence to run during maternity leave or sick leave , provided such
       sick leave does not exceed three months . It shall , moreover , be
       suspended during maternity or sick leave subject to the limit aforesaid
00     at the end of the month in which the staff member reaches the age of
       sixty-five years .
 ---pagebreak---                                         Article 46
       Employment , whether for a fixed or for an indefinite period :
       1.    shall be terminated "by the Centre without notice if the staff member
       is called to serve in the armed forces ;
       2.    may be terminated by the Centre without notice :
       (a) at the end of the probationary period in accordance with the second
             paragraph of Article 25 ;
       (b ) if the staff member is elected to public office and the
            Director considers such public office to be incompatible
            with the discharge of his normal duties with the Centre ;
       (c ) if the staff member ceases to satisfy the requirements of
            Article 23(2)(a ) and (d );
(      (d) if the staff member is unable to resume his duties at the
            end of a period of paid sick leave as provided for in
            Article 30 . In such case the staff member shall receive an
            allowance equal to his basic salary plus family allowances
            at the rate of two days for each completed month of service .
                                   Article 47
  1 . Employment may be terminated without notice on disciplinary grounds
  in serious cases of failure of staff to comply with their obligations ,
  whether intentionally or through negligence on their part .     A
  reasoned decision shall be taken by the Director after the person
  concerned has had an opportunity of submitting his defence .
  2 . In such cases the Director may decide to withhold in whole or
  in part the resettlement allowance provided for in Annex IV .
 ---pagebreak---                              - 25 -
                                Article 48
                                                                i
1 • The employment of a staff member shall "be terminated by the
Centre , without notice if the Director finds :
(a) that at the time of his engagement he deliberately furnished
     false information as to either his professional ability or
     the requirements of Article 23(2 ); and
(b ) that the false information furnished was a determining factor
     in his being engaged .
2 . In such case the Director shall , after hearing the staff member
concerned , declare that his employment is terminated .   The staff member
shall then immediately cease to perform his duties .    The provisions
of Article 47(2 ) shall apply .
 ---pagebreak---                                  - 26 -
                                    TITLS III
                                 THE LOCAL STAFF
                                    Article 49
 Subject to the provisions of this Title , the conditions of employment of
  local staff , in particular :
   ( a ) the manner of their engagement and termination of their contract :
   ( b ) their leave : and
   ( c ) their rémunération
 shall be determined by the Council of Administration of the Centre in
 agreement with the Commission of the European Communities in accordance :1
 with current rules and practice in the place where they are to perform
 their duties .
                                   Article 50
As regards social security , the Centre shall be responsible for the
 employer 's share of the social security contributions under current
 regulations in the place where' the local staff is to perform his duties .
                                   Article 51
Any dispute between the Centre and a member of the local staff shall be
submitted to the competent court in accordance with the laws in force in the
place where the local staff performs his duties .
                                   Article 52
A local staff whose contract is for more than one year or for an indefinite
period shall be entitled to vote in elections and stand for election to the
Staff Committee .
A local staff whose contract is for less than one year shall also be entitled
to vote if he had been employed for at least six months .
 ---pagebreak---                                        - 27 -
                                     TITL'E IV
                    THE DIRECTOR AND THE DEPUTY" DIRECTOR
                                    Article 53
1 • The conditions of engagement of the Director and Deputy Director
    shall he determined by the Management Board *
2 * The Deputy Director shall assist, the Director and take his place
    where he is absent or unable to act .
                                    Article 54
Articles 3 » 7 | 8 » 10 , 12 , 13 f 15 » 1® , 18 » 19 » 20 and 21 , concerning
rights and obligations , Articles 43 and 44 , concerning appeals by staff of the
Centre shall apply by analogy to the Director and the Deputy Director,
                                     TITLE V
                          PRIVILEGES AND IMMUNITIES
                                    Article 55'
Articles 12 to 16 of the Protocol pn the Privileges and Immunities of
the European Communities shall apply to staff of the Centre as well as to the
the Director and the Deputy Director of the Centre .
The local staff are covered by article 12(a) of this Protocol .
 ---pagebreak---                                     - 28 -
                                   TITLE VI
                                   TAXATION
                                  Article 56
 Regulation (EEC , Euratom , ECSC ) Ho 260/68 of 24 February 1968 laying
down the conditions and procedure for applying the tax for the
"benefit of the European Communities shall apply by analogy to staff
of the Centre as well as to the Director and Deputy Director of the Centre .
Tax shall he collected "by the Centre "by deduction at source .
The proceeds shall "be entered in the "budget of the Communities .
                               FINAL TITLE
                              FINAL PROVISION
                                Article 57
General provisions for giving effect to these Conditions of
Employment shall "be adopted "by the Management Board , with the
agreement of the Commission of the European Communities , on a
proposal "by the Director , after consultation of the Staff Committee .
 ---pagebreak---                                   - 29 -
                                 AMFX. I
          Composition and proceedings of "the Staff Committee
                               Sole Article
The Staff Committee shall comprise the members thereof , together with
their alternates if any , whose term of office shall "be two years .
The Centre may , however , decide to fix a shorter term of office ,
which may not be less than one year .    Every Btaff member shall be
entitled to vote and stand for election .
The conditions for election to the ; Staff Committee shall be laid
down by the general meeting of the staff in service at the relevant
place of employment .  Election shall be by secret ballot .
Membership of the Staff Committee shall be such as to ensure the
representation of all categories of staff .    ,
Elections to the Staff Committee shall be valid only if two thirds of
the staff entitled to vote take part .    However , if this proportion^
is not attained , the second vote shall be valid if the majority
of those entitled take part .
The duties undertaken by members of the Staff Committee and by staff
appointed to organs set up by the Centre shall be deemed to be part
of their normal service .   The fact of performing such duties shall in
no way be prejudicial to the person concerned .
 ---pagebreak---                                          - 30-
                                         AMEX II
                  Compensât ory leave and rémunération for overtime
                                       Article 1
 Within the limits laid down in Article 27 of the Conditions of Employment ,
 overtime worked by a staff member in Category C or D shall entitle him to
 compensatory leave or to remuneration as follows :
  (a) For each hour of overtime , he shall be entitled to one hour off as
       compensatory leave ; if the hour of overtime is worked between 2200 hours
       and 0700 hours or on a Sunday or on a public holiday , the entitlement to
       compensatory leave shall be one hour and a half ; in the granting of
       compensatory leave , account shall be taken of the exigencies of the service
       and the preference of the staff member concerned .
 (b ) Where the exigencies of the service do not permit compensatory leave to
       be taken during the month following that during which the overtime was
       worked , the Director shall authorize remuneration for uncompensated
       hours of overtime at the rate of 0.72% of the monthly basic salary for
       each hour of overtime on the basis set out in subparagraph (a ).
 ( c ) To qualify for compensatory leave or remuneration for one hour*s
       overtime , the extra time worked must have been more than thirty minutes .
                                      Article 2
If a staff member is travelling on mission , travelling time shall not be treated
as overtime for the purposes of this Annex .      As regards hours worked at the
place of assignment in excess of the normal number of working hours , compensatory
leave or remuneration , as the case may be , may be allowed by decision of the
Director .
                                     Article 3
Notwithstanding the foregoing provisions of this Annex , remuneration for
overtime worked by certain groups of staff in Categories C and D in special
conditions may be paid in the form of a fixed allowance the amount and terms
of which shall be determined by the Management Board after consulting the
Staff Committee .
 ---pagebreak---                                      AÎWEX III
                                      Leave
                                   Section 1
                                  AMUAL LEAVE
                                   Article 1
In the year in which a staff member enters or leaves the Centre , he shall be
 entitled to two working days' leave per complete month of service , to two
working days for an incomplete month consisting of more than fifteen days and
to one working day for an incomplete month of fifteen days or less .
                                   Article 2
Annual leave may be taken all at once ~or in several periods as desired by the
staff member and according to the exigencies of the service .     It must , however
include at least one period of two consecutive weeks .     Staff entering the
Centre    shall be granted annual leave only after completing three months'
duty ;   leave may be approved earlier "than this in exceptional cases for reasons
duly substantiated .                     '
                                   Article 3 '
If , during annual leave , a staff member contracts an illness which would have
prevented him from attending for duty if he had not been on leave , his annual
leave shall be extended by the duration of his incapacity , subject to
production of a medical certificate .
                                   Article 4
Where a staff member , for reasons other than the exigencies of the service , has
not used up all his annual leave before the end of the current calendar year ,
the amount of leave which may be carried over to the following year shall not
exceed twelve days .
Where a staff member at the time of leaving the Centre has not used up all his
annual leave , he shall be paid compensation equal to one thirtieth of his
monthly remuneration at the time of leaving the Centre for each day 's leave due
to him .
 ---pagebreak---                                         -3 2-
 A sum calculated, in the manner provided in the preceding paragraph shall "be
 deducted from payment due to a staff member who at the time of leaving the
 Centre has drawn annual leave in excess of his entitlement up to that date .
                                      Article 5
 Where a staff member is recalled to duty for service reasons while on annual
 leave or has had his leave cancelled , any costs incurred by him shall be
 reimbursed , subject to production of appropriate evidence , and travelling time
 shall be granted afresh .
                                      Section 2
                                    SPECIAL LEAVE
                                      Article 6
 In addition to annual leave , staff may , on application , be granted special
 leave .    In particular , in the following cases special leave shall be granted
 as shown :
 – marriage : four days
 - change of résidence : up to two days :
 - serious illness of spouse : up to three days ;
 - death of spouse : four days ;
-  serious illness of a relative in the ascending line :    up to two days ;
-  death of a relative in the ascending line : two days ;
-  birth or marriage of a child : two days ;
-  serious illness of a child : up to two days ;
–  death of a child : four days .
                                      Section 3
                                  TRAVELLING TIME
                                     Article 7
To the period of leave provided for in Section 1 above shall be added travelling
time based on the distance by rail between the place of leave and the place of
employment , calculated as follows :
– 50 "to 250 km :   one day for the outward-and–return journey ;
– 251 to 600 km: two days for the outward-and-return journey ;
– 601 to 900 km: three days for the outward-and-return journey ;
- 901 to 1 400 km: four days for the outward-and-return journeys
 ---pagebreak---                                     - 33-
- 1 401 "bo 2 000 km : five days for the outward-and-r eturn journey ;
- more than 2 000 km : six days for the outward-and-return journey .
Special exceptions may be granted on application "by the person concerned on
production of evidence that the outward-and-return journey cannot be completed
in the time allowed .
For the purposes of this Article , the place of leave in respect of annual
leave is the staff member 's place of origin.
The preceding provisions shall apply to staff whose place of employment and
place of origin are in Europe .   Should the place of employment and/or origin
be outside Europe , 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 travelling
time shall be fixed by special decision taking into account particular needs .
 ---pagebreak---                                    - 34 -
                                  AMEX IV
                Rémunération and reimbursement of expenses
                                Section 1
                            General provisions
                                Article 1
Remuneration shall comprise basic salary , family allowances and other allowances .
                                Article 2
Remuneration shall be expressed in Belgian francs .
 It shall be paid in the currency of fh'6 country in which the staff member
performs his duties .
Remuneration paid in a currency other than the Belgian franc shall be calculated
on the basis of the par values accepted by the International Monetary Fund which
were in force on 1 January 1965 «
                                Artide 3
Remuneration expressed in Belgian francs shall , after the compulsory deductions
set out in these Conditions of Employment or in any implementing regulations
have been made , be weighted at a rate" cibove , below or equal to 100$, depending
on living conditions in the various places of employment .
The weightings shall be those fixed by the Council of the European Communities
as provided in Articles 64 and 65(2 ) of the Staff Regulations of Officials of
the Communities .
                                Article 4
The remunerations shall be those fixed by the Council of the European Communities
as provided in Article 65 of the Staff Regulations of Offioials of the Communities .
 ---pagebreak---                                       - 35-
                                  Article 5
The "basic salary for each grade shall be as set out in Article 66 of the
Staff Regulations of Officials of the European Communities .
                                  Section 2
                              Family allowances
                                  Article 6
 1.   The household allowance shall "be fixed at 51° °f "the basio salary or
Bfrs 1 276 , whichever is the greater .
2.    The household allowance shall be granted to :
(a) a married staff member ;
(b) a staff member who is widowed , divorced , legally separated or unmarried
      and has one or more dependent children within the meaning of Article 7(2)
      and ( 3 );
( c ) by special reasoned decision of the Director , based on supporting
      documents , a staff member who , while not fulfilling the conditions laid
      down in (a) and ( b), nevertheless,, actually assumes family responsibilities .
3 . If the spouse of a staff member is gainfully employed , with an annual
income , before deduction of tax , of more than Bfrs 250 000 , the staff member entitled
to the household allowance shall not receive this allowance save by special decision
of the Director.     The staff member shall , however , be entitled to the allowance
where the married couple have one or more dependent children.
4 . In cases where , -under the foregoing provisions , a husband and wife employed
ty the Centre are both entitled to the household allowance , this shall be
payable only to the person whose basic salary is the higher .
 ---pagebreak---                                       - 36 -
                                   Article 7
 1.   A staff member who has one or more dependent children shall , m accordance
with paragraphs 2 and 3 "below, receive an allowance of Bfrs 1 983 per month
for each dependent child .
 2 . 'Dependent T child * means a legitimate , natural or adopted child of a staff
member , or of his spouse , who is actually being maintained by the staff
member .
The same shall apply to a child for whom an application for adoption has been
lodged and the adoption procedure started .
3.    The allowance shall be granted :
 (a) automatically for children under eighteen years of age ;
 (b ) on application, with supporting evidence , by the staff member for children
      between eighteen and twenty-six who are receiving educational or vocational
      training.
4 « Any person whom the staff member has a legal responsibility to maintain
and whose maintenance involves heavy expenditure may , exceptionally , be treated
as if he were a dependent child by special reasoned decision of the Director ,
based on supporting documents .
5 . Payment of the allowance in respect of a child prevented by serious illness
or invalidity from earning a livelihood shall continue throughout the period
of that illness or invalidity , irrespective of age .
                                   Article 8
A staff member shall receive an education allowance equal to the actual
education costs incurred by him up to a maximum of Bfrs 1 772 per month for
each dependent child within the meaning of Article 7(2) above who is in regular
full-time attendance at an educational establishment .
Entitlement to this allowance shall commence on the first day of the month
in which the child begins to attend a primary educational establishment and
shall cease at the end of the month in which the child reaches the age of
twenty-six .
 ---pagebreak---                                     - 37 -
The maximum prescribed in "the first paragraph shall he doubled for :
- a staff member whose place of employment is at least 50 1011 from a European
   School or an educational establishment working in his language , provided
   that the child actually attends an educational establishment at least 50 tan
   from the place of employment ; and
– a staff member whose place of employment is at least 50 tail from an
   establishment of higher education in the country of which he is a national
   or working in his language , provided that the child actually attends an
   establishment of higher education at least 50 km from the place of employment
   and the staff member is entitled to the expatriation allowance ;   the latter
   condition shall not apply if there is no such establishment in the country
   of which the staff member is a national .
                                 Article 9
1 . Staff in receipt of family allowances specified in this Section shall
declare allowances of like nature paid from other sources ; such latter allowances
shall be deducted from those paid under Articles 6 , 7 an(i 8 of this Annex.
2 . The dependent child allowance may be doubled "by special reasoned decision
of the Director based on medical documents establishing that the child
concerned is suffering from a mental or physical handicap which involves the
staff member in heavy expenditure .
                                 Section 3
                          EXPATRIATION ALLOWANCE
                                 Article 1 10
1 . An expatriation allowance equal to ^6<ft of the total of the basic salary ,
household allowance and dependent child allowance to which the staff member is
entitled shall be paid :
(a) to ataff :
     – who are not and have never been nationals of the State in whose European
       territory the place where they are employed is situated , and
 ---pagebreak---                                     - 38 -
      – who during the five years ending six months before they entered the
        service did not habitually reside or carry on their main occupation
        within the European territory of that State . For the purposes of this
        provision, circumstances arising from work done for another State or
        for an international organization shall not be taken into account ;
 (b ) to staff who are or have been nationals of the State in whose territory
      the place where they are employed is situated but who during the ten
      years ending at the date of their entering the service habitually
      resided outside the European territory of that State for reasons other
      than the performance of duties in the service of a State or of an
      international organization .
The expatriation allowance shall bo not less than Bfrs 3 543 per month.
                                 Section 4
                         TEMPORARY FIXED ALLOWAÏÏCE
                                 Article 11
A staff member in Category C employed as copy typist , shorthand-typist , telex
operator , varitypist , executive secretary or principal secretary may be paid
a temporary fixed allowance . The amount of the allowance and the period for
which it is granted shall be as determined by the Council of the European
Communities under Article 4a of Annex VII to the Staff Regulations of Officials
of the Communities .
                                 Section 5
                         REIMBURSEMEM1 OF EXPENSES
          A.  Installation allowance and resettlement allowance
                                 Article 12
1 . A staff member engaged for a fixed period of not less than one year , or
deemed by the Director to be engaged for an equivalent period if his contract
is for an indefinite period , shall receive an installation allowance as
provided in paragraph 2 of this Article amounting, for an expected period of
service of :
 ---pagebreak---                                       - 39-
      not less than one year but less than
      two years ,                     to one third         of the rate laid down m
      not less than two years but less than                paragraph 2(a) here under
      three years ,                   to two thirds
      three years or more .           to three thirds
2(a ) An installation allowance equal to two months * "basic salary in the case
        of a staff member who is entitled to household allowance or equal to
       one month 's "basic salary in other cases shall "be paid to a staff member
       who qualifies for expatriation allowance or who furnishes evidence of
       having been obliged to change his place of residence in order to comply
       with Article 1 6 of the Conditions of Employment .
       In cases where a husband and wife employed by the Centre are both
       entitled to the installation allowance , this shall be payable only to the
       person whose basic salary is the higher .
       The installation allowance shall be weighted at the rate fixed for the
       place where the staff member is employed .
 (b) An installation allowance of the same amount shall be paid to any staff
       member who is transferred to a new place of employment and is thereby
       obliged to change his place of residence in order to comply with
       Article 17 of the Conditions of Employment .
 ( c ) The installation allowance shall be calculated by reference to the marital
       status and salary of the staff member either at the time of his engagement
       or at the end of his probationary period , where there is a probationary
       period , or on the date of his transfer to a new place of employment .
       The installation allowance shall be paid on production of documents establishing
       the fact that the staff member, together with his family if he is entitled
       to household allowance, has settled at the place where he is employed .
                                                             a
 ---pagebreak---                                      - 40 -
 (d ) A staff member who is entitled, to household allowance and does not
       settle with his family at the place where he is employed shall receive
      only half the allowance to which he would otherwise be entitled ; the
       second half shall be paid when his family settles at the place where
      he is employed , provided that it does so within the periods laid down
      in Article 1 7 (4 ) • Where the staff member is transferred to the place
      where his family resides before his family has settled at the place
      where he is employed , he shall not thereby be entitled to an
      installation allowance .
 (e ) A staff member who has received an installation allowance and who
      voluntarily leaves the service of the Centre within two years from
      the date of entering it shall , on leaving the service , refund part
      of the allowance , in proportion to the unexpired portion of that
      two-year period .
 (f ) A staff member in receipt of installation allowance shall declare
      any allowance of like nature which he receives from other sources ;
      such latter allowances shall be deducted from the allowance
      provided for in this Article .
                                   Article 13
1 . A staff member who satisfies the requirements of Article 12(l ) shall
be entitled on termination of service to a resettlement allowance equal
to two months * basic salary in the case of a staff member who is entitled
to household allowance or to one month * s basic salary in other cases ,
provided that he has completed four years of service and does not
receive a similar allowance in his new employment .
In cases where a husband and wife employed by the Centre are both
entitled to the resettlement allowance , this shall be payable only to the
person whose basic salary is the higher .
A staff member who has completed more than one year 's but less than
four years * service shall receive a resettlement allowance proportionate
to his length of service , incomplete years being disregarded .
 ---pagebreak---                                    - 41-
 Periods of unpaid, leave shall "be disregarded in calculating this period .
 The resettlement allowance shall "be weighted at the rate fixed for the
 place where the staff member was last employed .
 2 . In the event of the death of a staff member , the resettlement
 allowance shall "be paid to the surviving spouse or , in the absence of
 such a person , to the dependants within the meaning of Article 7 above ,
 even if the requirement as to length of service laid down in
paragraph 1 is not satisfied .
3 . The resettlement allowance shall be calculated by reference to the
marital status and salary of the staff member at the date of termination
of service .
4 * The resettlement allowance shall be paid against evidence that the
staff member and his family , or , where the staff member has died , his
family only , have resettled at a place situated not less than 70 km
from the place where the staff member was employed .
Resettlement of a staff member or of the family of a deceased staff
member shall take place within three years of the date of termination
of his service .
This time limit shall not apply as against persons entitled under him
who can prove that they were unaware of the foregoing provisions .
                                Article 14
However , the installation allowance provided for in Article 1 2 and
the resettlement allowance provided for in Article 13 shall not be'
less than :
    Bfrs 5 000 for a staff member who is entitled to household
    allowance ; and
– Bfrs 3 000 for a staff member who is not entitled to household
    allowance .
 ---pagebreak---                                       - 42 -
                                B. TRAVEL EXPENSES
                                    Article 15
 1»   A staff member shall "be entitled to reimbursement of travel expenses for
himself , his spouse and his dependants 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 , from the place where he is employed to the
       place of origin as defined in paragraph 3 below .
In the event of the death of a staff member , the widow and dependants shall
he entitled to reimbursement of travel expenses under the same conditions .
Travel expenses shall also inolude the cost of seat reservations , transport
of luggage and , where applicable , hotel expenses necessarily incurred.
                                       , I
2.    The basis for the calculation of reimbursement shall be :
–    the shortest and most economical standard route by rail between the place
     of employment and the place of recruitment or origin ;
–    first-class fare for staff in Categories A and B ;    second-class fare for
     other staff ;
– where the journey includes not less than six hours of night travel between
     2200 hours and 0700 hours , sleeping accommodation up to the cost of tourist
     class or couchette , on production of the relevant ticket .
Where a means of transport other than that mentioned above is used , calculation
of reimbursement shall be based on the cost by rail in the appropriate class ,
excluding sleeping accommodation .       Where calculation on this basis is not
possible , the terms of reimbursement shall be determined by special decision
of the Director .
 ---pagebreak---                                    - 43-
3.   The place of origin of a staff member shall "be determined when he takes
up his appointment , account "being taken of where he was recruited or the centre
of his interests .    The place of origin as so determined may "by special decision
of the Director be changed while the staff member is in the 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 staff member of appropriate
supporting evidence .
The effect of such a change shall not , however , be such as to recognize as the
centre of the staff member 's interests a place outside the territories of the
Member States of the Communities or of the countries and territories listed in
Annex IV to the Treaty establishing the European Economic Community .
                                  Article 16
1.  A staff member shall be entitled to be paid a sum equivalent to the cost
of travel from the place where he is employed to his place of origin as defined
in Article 15 for himself and , if he is entitled to household allowance, for his
spouse and dependants within the meaning of Article "Ji
–  once in each calendar year if the distance by rail between the place of
   employment and the place    of origin is more than 50 km but less than 725 km »
–  twice in each calendar year if the distance by rail between the place of
   employment and the place of origin is 725 km or more ;
Such distances to be calculated according to the methods laid down in Article 15(2 ).
In cases where a husband and wife are both employed by the Centre , 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 .
 ---pagebreak---                                    - 44-
 Where a staff member marries and is for that reason recognized as "being entitled
 to 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 stuns in question shall not
 render the staff member concerned liable to make repayment .
Travel expenses for children aged four to ten years shall be calculated on the
basis of half fare , the children "being deemed for the purposes of calculation
to have completed their fourth or tenth year on 1 January of the current year .
2.   The flat–rate payment shall be based on the cost of a first–class return
                                    : ~                               ,
ticket by rail in the case of staff in Categories A and B and of a second-class
return ticket in the case of other staff .    Where calculation on this basis
is not possible , the terms of payment shall "be determined "by special decision
of the Director .
3.   A staff member whose service is terminated in the course of a calendar year
for any reason other than death or who is on unpaid leave during part of the
year shall , if he is in active employment in the service of the Centre for less
than nine months of that year , be entitled only to part of the payment provided
for in paragraph 1 , calculated in proportion to the time spent in active
employment .
 ---pagebreak---                                   - 45-
 4. The preceding provisions shall apply to staff whose place of employment
 and place of origin are in Europe#    A staff member whose place of employment
 and/or place of origin are outside Europe shall "be entitled once in each
 calendar year , subject to the submission of supporting documents , to repayment
 of travel expenses ■ to his place of origin, or to repayment of travel expenses
 to another place not exceeding the expense of travel to his place of origin.
 5,  Only such staff as have been in the service of the Centre for at least
 nine months shall qualify for entitlement under this Article .
                            C. KEMOVAL EXPENSES
                                 Article 17
 1.  Staff engaged for a fixed period of not less than twelve months , or deemed
"by the Director to be engaged for an equivalent period if their contract is
for an indefinite period, shall , as provided "below, he entitled to reimbursement
of removal expenses .
2.   The expenses incurred in respect of removal of furniture and personal effects ,
 including the cost of insurance against ordinary risks (breakage , theft , fire ),
 shall be reimbursed to a staff member who is obliged to change his place of
residence in order to comply with Article 17 of the Conditions of Employment
and who has not been reimbursed in respect of the same expenses from another
 source .   Such reimbursement shall not exceed the amount of an estimate approved
 in advance .   Not less than two estimates shall he submitted to the appropriate
department of the Centre , which may, if it considers the estimates to he ;
excessive , select another removal firm.    In the latter case , entitlement to
reimbursement may he limited to the amount of that firm's estimate . •
 ---pagebreak---                                    - 46-
 3.  On termination of service or on the death of a staff member, the expenses
 incurred in respect of removal from the place where he was employed to his
place of origin shall be reimbursed *
Where the deceased staff member was unmarried, the expenses shall be reimbursed
to those entitled under him .
4.   Removal shall be effected within one year of the end of the staff member 's
probationary period .
On termination of service , removal shall be effected within three years as
provided in the second subparagraph of Article 13(4 )*
Removal expenses arising after the expiry of the time limits set out above
shall be reimbursed only in exceptional cases and by special decision of the
Director .
                                      P                               ■
                    D.  DAILY SUBSISTENCE ALLOWANCE
                                Article 18
1.   Where a staff member furnishes evidence that he must change his place of
residence in order to satisfy the requirements of Article 1 6 of the [Conditions
of Employment , he shall be entitled for a period specified in paragraph 2 to
a daily subsistence allowance as follows :
                      Entitled to household               Not entitled to
                            allowance                   household allowance
                    1st to I5th         from 1ôth    1st to 15th        from l6th
       Grade
                        day                day           day               day
                                                                  I
                                  Belgian francs per calendar day
A4 to A8 and
Category B              775                350           525               275
Other grades            700                325           450             ; 225
 ---pagebreak---                                     - 47 -
In cases where a husband and wife employed by the Centre are "both entitled to
the daily subsistence allowance , the rates shown in the first two columns shall      !
be applicable only to the person whose basic salary is the higher .      The rates
shown in the other two columns shall be applicable to the other person .
The above scale shall accord with that laid down by the Council of the European
Communities each time remuneration is reviewed pursuant to Article 65 of the
Staff Regulations of Officials of the Communities .
2. The period in respect of which the daily subsistence allowance is granted -        '
shall be as follows :
(a)  in the case of a staff member who is not entitled to household allowance :
                                       ; ;                               . >
     120 days                        - O                          *
(b ) in the case of a staff member who is entitled to household allowances
     180 days or, if the staff member is required to serve a six–month
     probationary period , that period plus one month .
     In cases where a husband and wife employed by the Centre are b6th entitled to the
     daily subsistence allowance , the period in respect of which it is granted
     as , laid down in (b ) shall apply to the person whose basic salary is the
     higher. The period laid down in (a) shall apply to the other person.
In no case shall the daily subsistence allowance be granted beyond the date on
which the staff member removes in order to satisfy the requirements of Artiole 17
of the Conditions of Employment .
 ---pagebreak---                                     – 48 –
  3.  The daily subsistence allowance provided for in paragraph 1 shall "be reduced
 "by half during any period when the staff member receives the daily subsistence
 allowance for staff on mission provided for in Artiole 19 *
                             E. MISSION EXFEHSES
                                 Article 19
  1.  A staff member travelling on mission and holding an appropriate travel order
 shall "be entitled to reimbursement of travel expenses and to daily subsistence    -
 allowance in accordance with the following provisions .
 2.   The travel order shall state the probable duration of the mission, on the
basis of which shall be calculated any advance which the staff member may draw
against subsistence allowance#     Save where a special decision is taken , no
advance shall be payable where the mission is not expected to involve an absence
of more than twenty-four hours and is to be carried out in a country using the
 same currency as that used in the place where the staff member is employed .
                                 Article 20                                       '
1.   Travel expenses for staff on mission shall cover the cost of rail transport
by the shortest route , first olass for staff in Categories A and B and second-
class for other staff .
Where an outward and return journey of 800 km or more is involved , staff in
Categories C and D shall be entitled to reimbursement of the first-class rail
fare in respect of the foregoing expenses .
 ---pagebreak---                                   - 49-
By decison of -the Director, staff in Categories C and D travelling on mission
involving an outward–and–return journey of less than 800 km shall he entitled
to reimbursement of the first-class rail fare when accompanying a member of
the Management Board, the Director or a staff member who is travelling first-
class *
Travei expenses shall also include :
– the cost of seat reservations and transport of necessary luggage ;
– supplements for special fast trains (reimbursed against production of special
  tickets where these are issued);
– supplements for sleeping accommbdation (reimbursed against production of
  sleeper tickets ) where the journey includes not less than six hours of night
  travel "between 2200 and 0700 hours :
– in a single sleeper or , if not available , special sleeper for the Deputy
  Director ;
– in a double sleeper for other staff ;
– where the train to be taken does not have sleeping accommodation of the
  category specified at the second indent above , reimbursement shall , with
  the consent of the Director, correspond to the category immediately above
  or to single sleeper if that is the only category of sleeping accommodation
  available *
 ---pagebreak---                                    - 50 -
2 . Staff may be authorized to travel "by air .   In such case reimbursement
may be made against production of tickets for the class immediately below
first class .
Ejy decision of the Director , staff accompanying a member of the Management
Board or the Director on a given mission may , on production of tickets , be
reimbursed the cost of the journey in the same class as that used by the
member or the Director .
Under the conditions laid down in rules adopted ty the Management Board ,
staff who travel on mission under particularly tiring conditions may , by
decision of the Director , be reimbursed the cost of the journey in the
class used , on production of tickets .
    special decision of the Director , staff may be authorized to take
luggage in excess of the free allowance .
3.    For journeys by sea the class of travel shall be determined in each
case by the Director .
Staff travelling by sea shall receive , instead of the daily subsistence
allowance provided for in Article 21 , an allowance of Bfrs 225 Per twenty-
fotu>-hour period of the journey .
 ---pagebreak---                                    - 51-
4*   A staff member may be authorized to use his own car on a given mission ,
provided that the duration of the mission is not thereby increased .
Reimbursement of travel expenses shall in that case be calculated on the
standard basis prescribed in paragraph 1 •
In the case of a staff member travelling regularly on mission in special
circumstances , however , the Director may decide to grant him an allowance
per kilometre covered instead of reimbursement of rail fares , if the use
of public transport and reimbursement of travel expenses on the normal
basis involve definite disadvantages .
A staff member authorized to use his own car shall remain fully liable for
any accidents to his car or to third parties ;   he must be in possession of
an insurance policy covering civil liability up to an amount considered
adequate by the Director .
 ---pagebreak---                                       Artide 21
1 . ( a) The daily subsistence allowance for staff on mission shall he paid
            on the following scale :
                               I                       II
                       Catégories A and B        Other catégories
                           Bfrs 1 320              Bfrs 1 2 20
      ( b ) In the case of missions outside the European territory of Member
            States , the Director may decide to apply other rates .
2.       The subsistence rates set out in Columns I and II shall be reduced by
Bfrs 330 and Bfrs 315 respectively for any day 's absence on mission , reckoned
in accordance with paragraph 4 » during which the staff member has incurred
sleeper costs reimbursable by the Centre .
3.       The same deductions shall be made where the staff member has not had
to spend the night away from the place where he is employed .
    . .                                                           "       ! '
4.       Subject to paragraphs 2 and 3j daily subsistence allowance for staff
on mission shall be calculated in accordance with the following rules :
( a) Mission of twenty-four hours or less :
         - six hours or less :   reimbursement of actual expenses up to a quarter
            of the dally subsistence allowance :
 ---pagebreak---                                    - 53-
     – twelve hours or less , "but more than six hours :   half the daily
       subsistence allowance ;
     – twenty–four hours or less , but more than twelve hours :    a whole
       day 's subsistence allowance .
(b ) Mission of more than twenty-four hours :
     – for each period of twenty-four hours :   a whole day 's subsistence
       allowance :
     – for any further penod    of six hours or less :   no subsistence
       allowance ;
     – for any further period of twelve hours or less , but more than six
       hours :  half the daily subsistence allowance ;
     – for any further period of more than twelve hours :     a whole day 's
       subsistence allowance .
5.   The daily subsistence allowance for staff on mission shall be considered
to cover all expenditure incurred , including local travel at the place of
mission , save for the expenses mentioned below , which shall be reimbursed
against supporting documents :
( a) cost of telegrams and inland trunk or international telephone calls
     where mcurred for officiai purposes ;
(b) entertainment expenses in cases covered by Article 22 ;
 ---pagebreak---                                   - 54-
( c ) exceptional expenditure necessarily incurred, for the purposes of the
      mission , either on receipt of special instructions or on account of
      force majeure and in the interests of the Centre , and resulting in
      disbursement out of reasonable proportion to the allowance provided .
                                                       \
6 . Where the mission is expected to last for at least four weeks in the
same place and the staff member concerned has been so advised before
departure , subsistence rates may be reduced by one quarter .
Such reduction may be decided on during the course of the mission ; in
such case it shall take effect not less than eight days after the staff
member concerned has been notified thereof , provided that there remain
not less than four weeks of mission to be completed , reckoned from the
date of notification .
7 . Where an agent on mission has a meal or accomodation provided or reimbursed
by one of the institutions of the Communities or by a national or international
administration or organization , he shall declare it .
His daily subsistence allowance shall be reduced by Bfrs 200 for each meal provided ,
the allowances provided for in columns II and III shall be reduced by Bfrs 450 and.
Bfrs 400 for each day 's accomodation provided . Where an official on mission has
all his meals and accomodation provided or reimbursed by one of the institutions
of the Communities or by a national or international administration or organization ,
he shall receive an allowance of Bfrs 225 for each period of 24 hours in place of
the delay subsistence allowance for missions provided for above .
8.     The rates indicated in paragraphs 1 , 2 and 7 are increased by 10 $ when the
mission is to Paris , by 5 i° when the mission is to Brussels , Luxembourg or Stras­
bourg and by 10 $ for staff of categories C and D when the mission is to Strasbourg.
 ---pagebreak---                                    - 55 -
                    F.   FIXED REIMBURSEMENT OF EXPENSES
                                 Article 22
1 . Staff who , "by reason of their duties , regularly incur entertainment
expenses may be granted a fixed-rate allowance "by the Director , who shall
determine the amount thereof .
In special cases , the Director may in addition decide that part of the
cost of accommodation for the staff concerned also "be "borne "by the Centre .
 2.   In the case of staff who , as a result of special instructions ,
 occasionally incur entertainment expenses for official purposes , the   •
 amount of the entertainment allowance shall "be determined in each
 instance on the "basis of supporting documents and on terms to be laid
 down by the Director ..
                                  Article 23
 Staff employed in a place where housing conditions are recognized as
 being particularly difficult may be paid a housing allowance .     The
 list of places for which the allowance may be granted , the maximum amount
 of the allowance and the rules for granting it shall be determined by the
 Council of the European Communities in accordance with the procedure laid
 down in Article 65(3 ) of the Staff Regulations of Officials of the
 Communities .
 ---pagebreak---                                 - 56 -
                               Article 24
An official employed in a place where transport is recognized, as being
particularly difficult and expensive because of the remoteness of housing
from the place of work may be paid a transport allowance .    The list of
places for which the allowance may be granted , the maximum amount of the
allowance and the rules for granting it shall be determined by the Council
of the European Communities in accordance with the procedure laid down in
Article 65(3 ) of the Staff Regulations of Officials of the Communities .
                                                  *
An allowance of not more than Bfrs 36 000 a year may , by reasoned decision
of the Director , be granted to a staff member whose duties constantly
require him to make journeys for which he is authorized to use his own car .
                                 Section 6
                                 Article 25
The rates contained in sections 2 to 5 of this annexe are automatically adapted
whenever the corresponding rates contained in the Staff Regulations applicable
to officials of the European Communities are modified .
                                 Section 4
                            PATMENT 0P SUMS DUE
                                Article 26
1.   Payment of remuneration to staff shall be made on the fifteenth day of
each month for the month then current .    The amount of remuneration shall
be rounded off to the nearest Belgian franc above .
 ---pagebreak---                                      - 57 -
2.     Where remuneration is not due in respect of a complete month , the
amount shall he divided into thirtieths , and
 ( a) where the actual number of days payable is fifteen or less , the number
       of thirtieths due shall equal the actual number of days payable ;
( b) where the actual number of days payable is more than fifteen , the
       number of thirtieths due shall equal the difference between the actual
       number of days not payable and thirty .
3.     Where entitlement to family allowances and expatriation allowance
commences after the date of entering the service , the staff member shall
receive these from the first day of the month in which such entitlement
commences .    On cessation of such entitlement the staff member shall receive
the sum due up to the last day of the month in which entitlement ceases .
                                 Article 27
1.     Payment shall be made to each staff member at the place and in the
currency of the country where he carries out his duties .
2.     A staff member may regularly transfer part of his emoluments , up to
a maximum amount equal to his expatriation allowance , through the Centre : ;
– either in the currency of the Member State of the Communities of which
    he is a national ;
– or in the currency of the Member. State of the Communities in which either
    his own domicile or the place of residence of a dependent relative is
    located .
 ---pagebreak---                                   - 58 -
Regular transfers in excess of the maximum stated above may "be effected
only where they are intended to cover expenditure arising in particular out
of commitments proved to have been regularly entered into by the staff
member outside the country where the Centre has its seat or where he carries
out his duties .
3.   Apart from these regular transfers , a staff member shall not be
authorized to transfer sums which he may desire to have available in the
abovementioned currencies save in very exceptional circumstances and for
good reasons supported by evidence .
4.   "Transfers provided for in paragraphs 2 and 3 shall be made at the
official exchange rate ruling on the date of transfer .
                                   X
                              Χ         X