CELEX: 31962R0031
Language: en
Date: 1961-12-18 00:00:00
Title: EEC/EAEC Council: Regulation No 31 (EEC), 11 (EAEC), laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Economic Community and the European Atomic Energy Community

Official Journal of the European Communities                                  135
14.6.62                      OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES                                     1385/62
                                    REGULATION No 31 (EEC), 11 (EAEC),
             laying down the Staff Regulations of Officials and the Conditions of Employment of
              Other Servants of the European Economic Community and the European Atomic Energy
                                                     Community
THE     COUNCIL OF THE EUROPEAN ECONOMIC                      Having regard to the Opinion of the Court of Justice
COMMUNITY,                                                    of the European Communities ;
THE     COUNCIL       OF THE    EUROPEAN      ATOMIC .        "Whereas it is for the Councils, acting unanimously, in
ENERGY COMMUNITY,                                             co-operation with the Commissions and after
                                                              consulting the other institutions concerned, to lay
                                                              down the Staff Regulations of officials and the
                                                              Conditions of Employment of other servants of the
Having regard to the Treaty establishing the
European Economic Community, and in particular
                                                              European Economic Community and the European
                                                              Atomic Energy Community;
Articles 179, 212 and 215 thereof;
                                                              Whereas those Staff Regulations and Conditions of
Having regard to the Treaty establishing the                  Employment should be such as to secure for the
European Atomic Energy Community, and in                      Communities the services of staff of the highest
particular Articles 152, 186 and 188 thereof;                 standard of independence, ability, efficiency and
                                                              integrity, recruited on the broadest possible
Having regard to the Protocol on the Privileges and           geographical basis from among nations of Member
Immunities of the European Economic Community,                States of the Communities, and at the same time to
and in particular Articles 6 and 14 thereof;                  enable such staff to discharge their duties in
                                                              conditipns which will ensure maximum efficiency ;
Having regard to the Protocol on the Privileges and
Immunities of the European Atomic Energy                     HAS ADOPTED THIS REGULATION :
Community, and in particular Articles 6 and 14
thereof;                                                                             Sole Article
Having regard to the proposals submitted by the               The Staff Regulations of officials and the Conditions
Commissions in accordance with Article 14 of the              of Employment of other servants of the European
Protocols on the Privileges and Immunities of the             Economic Community and the European Atomic
European Economic Community and                of   the       Energy Community are laid down in the Annex,
European Atomic Energy Community ;                            which forms an integral part of this Regulation.
Having regard to the Opinion of the European                  This Regulation shall enter into force on 1 January
Parliament;                                                   1962.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels 18 December 1961 .
                                                                                    For the Councils
                                                                                     The President
                                                                                 A. MOLLER-ARMACK
 ---pagebreak--- 136                         Official Journal of the European Communities
        STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN ECONOMIC
        COMMUNITY AND THE EUROPEAN ATOMIC ENERGY COMMUNITY
                                                CONTENTS
                                                                                 Article Page
    TITLE       I. General provisions                                              1-10     138
    TITLE     II.  Rights and obligations of officials                            11-26     140
    TITLE    III . Career of officials
    Chapter 1 :    Recruitment                                              . ..  27-34     142
    Chapter 2 :    Administrative Status                                            35      144
                   Section 1 : Active employment                                    36      144
                   Section 2 : Secondment                                         37-39  . 144
                   Section 3 : Leave on personal grounds                            40      145
                   Section 4 : Non-active status                                    41      145
                   Section 5 : Leave for military service             ;             42      146
    Chapter 3 :    Staff reports , increments and promotion               •       43-46   . 146
    Chapter 4 :    Termination of service                                           47      147
                   Section 1 : Resignation                                          48      147
                   Section 2 : Compulsory resignation                               49      147
                   Section 3 : Retirement in the interests of the service           50      147
                   Section 4 : Dismissal for incompetence                           51      147
                   Section 5 : Retirement                                         52-53     148
                   Section 6 : Honorary rank                                        54      148
    TITLE IV.      Working conditions of officials
    Chapter 1 :    Hours of work                                                  55-56     148
    Chapter 2 :    Leave                                                          57-60     148
    Chapter 3 :    Public holidays                                                  61      149 '
 ---pagebreak---                          Official Journal of the European Communities                      137
TITLE    V.    Emoluments and social security benefits of officials
Chapter 1 :    Remuneration and expenses
               Section 1 : Remuneration                                        62-70   149
               Section 2 : Expenses                                              71    151
Chapter 2 :    Social security benefits                                        72-76   151
Chapter 3 :    Pensions                            ,                           77-84   152
Chapter 4 :    Recovery of overpayments                                          85    154
TITLE VI.      Disciplinary measures                                           86-89   154
TITLE VII.     Appeals                                                         90-91   155
TITLE VIII.    Special provisions applicable to individuals in the scientific
               or technical services of the joint Nucelar Research Centre
               of the European Atomic Energy Community                        92-101   155
TITLE IX.      Transitional and final provisions
Chapter 1 :    Transitional provisions                                        102-109  157
Chapter 2 :    Final provisions                                                 110    159
ANNEX        I A — Basic posts and corresponding career brackets in each
                     Category and in the Language Service provided for in
                     Article 5 (4) of the Staff Regulations                            160
               B — Basic posts and corresponding career brackets of of­
                     ficials in the scientific and technical services of the
                     Joint Nuclear Research Centre of the European
                     Atomic Energy Community as provided for in Article
                     92 of the Staff Regulations                                       161
ANNEX       II Composition and procedure of the bodies provided for in
               Article 9 of the Staff Regulations                                      162
ANNEX 111 Competitions                                                                 163
ANNEX IV Allowance under Articles 41 and 50 of the Staff Regulations                   164
ANNEX       V Leave                                                                   ,165
ANNEX VI Compensatory leave and remuneration for overtime                              166
ANNEX VII Remuneration and reimbursement of expenses                                   167
ANNEX VIII Pension scheme                                                              174
ANNEX IX Disciplinary proceedings                                                      180
 ---pagebreak--- 138                                 Official Journal of the European Communities
                                                         TITLE I
                                                GENERAL PROVISIONS
                        Article 1                              categories, A, B, C and D, in descending order of
                                                               rank.
For the purposes of these Staff Regulations, 'official
of the Communities' means any person who has been              Category A shall comprise eight grades* divided into
appointed, as provided in these Staff Regulations, to          career brackets ordinarily containing two grades each
an established post on the staff of one of the                 or staff engaged in administrative and advisory duties
institutions of the Communities by an instrument               which require university education or equivalent
issued by the appointing authority of that institution.        professional experience.
Save as otherwise provided, the Economic and Social
Committee shall, for the purposes of these Staff               Category B shall comprise five grades, divided into
Regulations, be treated as one of the institutions of          career brackets ordinarily containing two grades each
the Communities .                                              for staff engaged in executive duties which require an
                                                               advanced - level of secondary education or equivalent
                                                               professional experience.
                        Article 2
                                                               Category C shall comprise five grades, divided into
Each institution shall determine who within it shall
                                                               career brackets ordinarily containing two grades each
exercise the powers conferred by these              Staff      fbr staff engaged in clerical duties which require
Regulations on the appointing authority.                       secondary education or equivalent professional
                                                               experience.
In respect of officials of the Economic and Social
Committee, the rules of procedure of that Committee
shall determine who shall exercise the powers                   Category D shall comprise four grades, divided into
conferred by these        Staff   Regulations    on   the       career brackets ordinarily containing two grades each
appointing authority.                                          for staff engaged in manual or service duties which
                                                               require primary education, if necessary supplemented
                                                               by some technical training.
                        Article 3
                                                               By way of derogation from the preceding provisions,
The instrument appointing an official shall state the          however, posts coming within the same specialised
date on which the appointment takes effect; this date          professional field may, in accordance with the
shall not be prior to the date on which the official            procedure for revision of these. Staff Regulations, be
takes up his duties.                                            formed into services embracing a number of grades
                                                                of one or more of the foregoing categories.
                        Article 4
                                                                2.    Posts of translators and interpreters shall - be­
No appointment or promotion shall be made for any               grouped in a Language Service designated by the
purpose other than that of filling a vacant post as             letters L/A, comprising six grades equivalent to
provided in these Staff Regulations.                            Grades 3 to 8 of Category A and divided into career
                                                                brackets ordinarily containing two grades each.
Vacant posts in an institution shall be notified to the
staff of that institution once, the appointing authority­
decides that the vacancy is to be filled.                       3.     Identical conditions of recruitment and service
                                                                career shall apply to all officials belonging to the
If the vacancy cannot be filled by transfer, promotion          same category or the same service.
or an internal competition, it shall be notified to the
 staff of the three European Communities.                      4. A table showing basic posts and corresponding
                                                                career brackets is given in Annex I.
                        Article 5
                                                                By reference to this table each institution shall, after
1 . The posts covered by these Staff Regulations                consulting the Staff Regulations Committee referred
shall be classified, according to the nature and                to in Article 10, define the duties and powers
 importance of the duties to which they relate, in four         attaching to each post.
 ---pagebreak---                                      Official Journal of the European Communities                                       139
                        Article 6                                                        Article 9
The list of posts appended to the section of the                1.     There shall be set up :
budget relating to each institution shall indicate, for
each category and each service, the number of posts             ( a) within each institution :
in each grade for each career bracket.                               — a Staff Committee, which may be organised
                                                                          in sections for the different places of
                        Article 7                                         employment;
                                                                     — one or more Joint Committees, as appropriate
1 . The appointing authority shall, acting solely in                      for the number of officials at the places of
the interests of the service and without regard to                        employment;
nationality, assign each official by appointment or
transfer to a post in his category or service which                  — one or more Disciplinary Boards, as
corresponds to his grade.                                                 appropriate for the number of officials at the
                                                                          places of employment ;
2. An official may be called upon to occupy                          — a Reports Committee, if required ;
temporarily a post in a career bracket in his category
or service which is higher than his substantive career          (b) for the Communities :
bracket. From the beginning of the fourth month of
such temporary posting, he shall receive a differential              — an Invalidity Committee;
allowance equal to the difference between the                   which shall perform the functions assigned to them
remuneration carried by his substantive grade and               by these Staff Regulations.
step and the remuneration he would receive in
respect of the step at which he would be classified in
the starting grade if he were appointed to the career           2.      The composition and procedure of these bodies
 bracket of his temporary posting.                              shall be determined by each institution in accordance
                                                                with the provisions of Annex II.
The duration of a temporary posting shall not exceed
                                                                The members of these bodies shall be listed in the
one year, except where the posting is either to replace
a member of the staff who is seconded to another                Monthly Staff Bulletin of the Communities.
post in the interests of the service, called up for                                                                /
 military service or absent on protracted sick leave, or        3.      The Staff Committee shall represent the
to enable the official ,to . assist a person holding an         interests of the staff vis-a-vis their institution and
 office provided for in the Treaties establishing the           maintain continuous contact between the institution
 Communities, the elected President of one of the               and the staff. It shall contribute to the smooth
 institutions or organs of the Communities or the               running of the service by providing a channel for the
elected Chairman of one of the political groups in              expression of opinion by the staff.
the European Parliament.
                                                                It shall bring to the notice of the competent bodies of
                        Article 8                               the institution any difficulty having general
                                                                implications concerning the interpretation and
 An official seconded to another institution of the              application of these Staff Regulations . It may be
 European Communities may, after a period of six                consulted on any difficulty of this kind.
 months apply to be transferred to that institution.
                                                                The Committee shall submit to the competent bodies
 If the parent institution of the official and the               of    the   institution   suggestions      concerning   the
institution to which he has been seconded both                   organisation and operation of the service and
consent, to the transfer, the official shall be deemed          proposals for the improvement of staff working
to have served his entire service career in the                  conditions or general living conditions.
 Community in the latter institution . He shall not
 receive by virtue of such transfer any of the financial         The Committee shall participate in the management
 benefits which an official is entitled to receive under         and supervision of social welfare bodies set up by the
 these Staff Regulations on termination of service with          institution in the interests of its staff. It may, with the
 one of the institutions of the Communities .                    consent of the institution, set up such welfare
                                                                 services .
 If the decision granting the application involves
 establishment in a grade higher than that occupied in           4. In addition to the functions assigned to them by
 the parent institution, this shall count as promotion ;         these Staff Regulations, the Joint Committee or
 such decision may be taken only in accordance with              Committees may be consulted by the appointing
 the terms of Article 45 .                                       authority or by the Staff Committee on questions of
 ---pagebreak---   140                                Official Journal of the European Communities
  a general nature which either of the latter thinks . fit                              Article 10
  to submit.
                                                                 A Staft Regulations Committee shall be set up
                                                                •consisting of representatives of the institutions of the
 5.     The opinion of the Reports Committee shall be            Communities and an equal number of representatives
  sought:                                                        of their Staff Committees. The procedure for
                                                                 appointing members of the Staff Regulations
  ( a) on action following completion of probationary            Committee shall be decided by common accord of
       service ;                                                 the institutions .
  ( b) on dismissals for incompetence ; and                      In addition to the functions assigned to it by these
                                                                 Staff Regulations, the Committee may formulate
  (c) on the selection of staff to be affected by any            suggestions for the revision of the Staff Regulations .
       reduction in the establishment.                           The Committee shall meet at the request of its
                                                                 Chairman, an institution or the Staff Committee of
                                                                 an institution .                   .
 It shall ensure that the periodic reports on staff
 members are made in a uniform manner within any                 Minutes of the meetings of the Committee shall be
  one institution .                                              communicated to the appropriate bodies.
                                                         TITLE II
                                     RIGHTS AND OBLIGATIONS OF OFFICIALS
                         Article 11                              permission from the appointing authority.. Permission
                                                                 shall be refused if the activity or assignment is such
 An official shall carr-y out his duties and conduct             as to impair the official's independence or to be
 himself Solely with the interests of the Communities            detrimental to the work of the Communities .
 in mind ; he shall neither seek nor take instructions
-from any government, authority, organization or
                                                                                        Article 13
 person outside his institution.
 An official shall not without the permission of the            If the spouse of an official i's in gainful employment,
 appointing authority accept from any government or              the official shall inform the appointing authority of
 from any other source outside the institution to               his institution. Should the nature of the employment
 which he belongs any honour, decoration , favour,              prove to be incompatible with that of the official and
 gift or payment of any kind whatever, except for               if the official is unable to give -an undertaking that it
 services rendered either before his appointment or             will cease within a specified period, the appointing
 during special leave for military or other national             authority shall, after consulting the Joint Committee,
 service and in respect of such service.                        decide whether the official shall continue in his post,
                                                                 be transferred to another post or be required to
                                                                 resign.                              '
                         Article 12
                                                                                        Article 14
 An official shall abstain from any action and, in
 particular, any public expression of opinion which             Any official who in the performance of his duties is
 may reflect on his position. He may neither keep nor            called upon to decide on a matter in the handling or
.acquire, directly or indirectly, in undertakings which         outcome of which he has a personal interest such as
 are subject to the authority of the institution to             to impair his independence shall inform the
 which he belongs or which have dealings with that               appointing authority.
 institution, any interest of such kind or magnitude as
 might .impair his independence in the performance of .
 his duties .                                                                           Article IS
 An official wishing to engage in an outside activity,          An official who is a candidate for elective public
 whether gainful or not, or to carry out any                  ^ office shall apply for leave on personal grounds for a
 assignment outside the Communities must obtain                 period not exceeding three months.
 ---pagebreak---                                     Official Journal of the European Communities                                      141
The appointing authority shall consider the case of                                       Article 19
any official elected to such office. The appointing
 authority shall, having regard to the importance of           An official shall not, without permission from the
the office and the duties it entails for the holder,           appointing authority, disclose on any grounds
decide whether the official should continue in active
                                                               whatever, in any legal proceedings information of
employment or should apply for leave on personal               which he has knowledge by reason of his duties.
grounds. In the latter case, the duration of the leave         Permission shall be refused only where the interests
shall be equal to the term for which the official has          of the Communities so require and such refusal
been elected .
                                                               would not entail criminal consequences as far as the
                                                               official is concerned . An official shall continue to be
                        Article 16                             bound by this obligation after leaving the service.
An official shall, after leaving the service, continue to      The provisions of the preceding paragraph shall not
be bound by the duty to behave with integrity and              apply to an official or former official giving evidence
discretion as regards the acceptance of certain                before the Court of Justice of the European
appointments or benefits.                                      Communities or before the Disciplinary^ Board of an
                                                               institution on a matter concerning a servant or
Each institution shall, after consulting the Joint             former servant staff of one of the three European
                                                               Communities .
Committee, specify what posts debar officials • who
have held them from engaging in any occupation,
whether gainful or not, for a period of three years
after leaving the service, except in accordance with                                      Article 20
the following provisions.
                                                               An official shall reside either in the place where he is
During these three years any official who has held             employed or at no greater distance therefrom as is
such a post shall be required to inform immediately            compatible with the proper performance of his
the institutions to which he belonged during the three         duties .
years before he left the service of the duties or
assignments which he may be called upon to carry
out. The institution shall, after consulting the Joint
                                                                                          Article 21
Committee, notify the person concerned, within
fifteen days of being so informed, whether it forbids
him to accept such duties or assignments .                     An official, whatever his rank, shall assist and tender
                                                               advice to his superiors ; he shall be responsible for the
                                                               performance of the duties assigned to him.
                        Article 17
                                                               An official in charge of any branch of the service
An official shall exercise the greatest discretion with        shall be responsible to his superiors in respect of the
regard to all facts and information coming to his              authority conferred on him and for the carrying out
knowledge in the course of or in connection with the           of instructions given by him . The responsibility of his
performance of his duties ; he shall not disclose to           subordinates shall in no way release him from his
any     unauthorised     person    any    document     or      own responsibilities .
information, in any manner whatsoever, not already
made public. He shall continue to be bound by this             An    official who       receives   instructions which he
obligation after leaving the service.                          considers to be irregular or likely to give rise to
                                                               serious    difficulties    shall   inform    his immediate
An official shall not, whether alone or together with          superior, if necessary in writing. If the official then
others, publish or cause to be published without the           receives written confirmation of the instructions from
permission of the appointing authority, any matter             his superior, he shall carry them out unless they
dealing with the work of the Community which he                constitute a breach of criminal law .
serves. Permission shall be refused only where the
proposed publication is liable to prejudice the
interests of the Communities .
                                                                                          Article 22
                                                                                       \
                        Article 18                             An official may be required to make good, in whole
                                                               or in part, any damage suffered by the Communities
All rights in any writings or other work done by an            as a result of serious misconduct on his part in the
official in the performance of his duties shall be the         course of or in connection with the performance of
property of the Community which the serves.                    his duties .
 ---pagebreak--- 142                                 Official Journal of the European Communities
A reasoned decision shall be given by the appointing           communicated in writing to the official concerned.
authority in accordance with the procedure laid                Any decision embodying a complaint against an
down in regard to disciplinary matters .                       official shall state the reasons on which it is based.
The Court of Justice of the European Communities               Specific decisions regarding appointment, establish­
shall have unlimited jurisdiction in disputes arising          ment, promotion, transfer, determination of
under this provision .                                         administrative status and termination of service of an
                                                               official shall at once be posted in the premises of the
                                                               institution to which the official belongs and shall be
                        Article 23                             published in the Monthly Staff Bulletin of the
                                                               Communities .
The privileges and immunities enjoyed by officials are
accorded solely in. the interests of the Communities.
Subject to the Protocols on Privileges and                                              Article 26
Immunities, officials shall not be exempt from
fulfilling their private obligations or from complying         The personal file of an official shall contain :
with the law? and police regulations in force.
                                                               ( a) all documents concerning his administrative
When privileges and immunities are in dispute, the                  status and all reports relating to his ability,
official concerned shall immediately inform the                     efficiency and conduct;
appointing authority.                                          (b ) any comments by the official on such documents.
The laissez-passer provided for in the Protocols on            Documents shall be registered, numbered and filed in
Privileges and Immunities shall be issued . to officials       serial order ; the documents referred to in
in Grades A1 to A4 and equivalent grades.                      subparagraph ( a) may not be used or cited by the
                                                               institution against an official unless they were
                                                               communicated to him before they were filed.
                        Article 24
                                                               The communication of any document to an official
Each Community shall assist any official in its                shall be evidenced by his signing it or, failing that,
service, in particular in proceedings against any              shall be effected by registered letter.
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              An official's personal file shall contain no reference
subjected by reason of his position or duties.                 to his political, philosophical or religious views. v
It shall compensate the official for damage suffered in        There shall be only one personal file for each official.
such cases, in so far as the official did not either
intentionally or through grave negligence cause                An official shall have the right, even after leaving the
damage and has been unable to obtain compensation              service, to acquaint himself with all ' the documents in
from the person who did cause it.                              his file .
                                                               The personal file shall be confidential and may be
                        Article 25                             consulted only in the offices of the administration. It
                                                               shall, however, be forwarded to the Court of Justice
Any decision relating to a specific individual which is        of the European Communities if an action concerning
taken under these Staff Regulations shall at once be           the official is brought before the Court.
                                                        TITLE III
                                                CAREER OF OFFICIALS
                       CHAPTER. 1                              standard of ability, efficiency and integrity, recruited
                                                               on the broadest possible geographical basis from
                        Recruitment                            among nationals of Member States of the
                                                               Communities .
                        Article 27
                                                               Officials shall be selected without reference to race,
Recruitment shall be directed to securing for the              creed or sex. No posts shall be reserved for nationals
institution the services of officials of the highest           of any specific Member State.
 ---pagebreak---                                        Official Journal of the European Communities                                     143
                        Article 28                                                        Article 30
An official may be appointed only on condition that :             For each competition, a selection board shall be
                                                                  appointed by the appointing authority. This board
( a) he is a national of one of the Member States of              shall draw up a list of suitable candidates.
     the Communities, unless an exception is
     authorized by the appointing authority, and                  The appointing authority shall decide which of these
     enjoys his full rights as a citizen ;                        candidates to appoint to the vacant posts.
( b) he has fulfilled any obligations imposed on him
     by the laws concerning military service;                                             Article 31
(c) he produces the appropriate character references
     as to his suitability for the performance of his             1.     Candidates thus selected shall be appointed as
     duties ;                                                     follows :
(d) he has, subject to Article 29 (2), passed a                   — officials in Category A or the Language Service :
     competition based on either qualifications or
     tests, or both qualifications and tests, as provided              to the starting grade of their category or service;
     in Annex III ;
                                                                  — officials in other categories :
(e) he is physically fit to perform his duties ; and                   to the starting grade for the post for which they
                                                                       have been recruited.
(f) he produces evidence of a thorough knowledge
     of one of the languages of the Communities and
     of a satisfactory knowledge of another language              2. However, the appointing authority may make
     of the Communities to the extent necessary for               exceptions to the foregoing provisions within the
     the performance of his duties.                               following limits :
                                                                  ( a) in respect of Grades Al , A2, A3 and L/A3,
                                                                        — up to half the appointments to posts
                        Article 29
                                                                            becoming vacant;
                                                                        — up to two thirds of the appointments to
1 . Before filling a vacant post in an institution, the                     newly created posts;
appointing authority shall first consider :
                                                                  (b ) in respect of other grades,
(a) whether the post can be filled by promotion or
     within the institution ;                                           — up to one third of the appointments to posts
                                                                            becoming vacant;
(b) whether to hold competitions internal to the                        — up to half the appointments to newly created
     institution;                                                           posts .
(c) what applications for transfer have been made by
     officials  of   other    institutions   of   the three       Save in respect of Grade L/A3 , this provision shall be
     European Communities ;                                       applied by groups of six posts to be filled in each
                                                                  grade for the purpose of this provision.
and then follow the procedure for competitions on
the basis either of qualifications or of tests, or of                                     Article 32
both qualifications and tests. Annex III lays down the
competition procedure.
                                                                  An official • shall be recruited at the first step in his
                                                                  grade.
This procedure may likewise be followed for the
purpose of constituting a reserve for future                      However, the appointing authority may, taking
recruitment.
                                                                  account of the training and special experience for the
                                                                  post of the person concerned, allow special seniority
2. A procedure other than the competition                         to count as service in his grade; this allowance shall
procedure may be adopted by the appointing                        not exceed seventy-two months in Grades Al to A4,
authority for the recruitment of Grade Al or A2                   L/A3 and L/A4 and forty-eight months in other
officials and, in exceptional cases, also for                     grades. No such allowance shall be granted in the
recruitment to posts which require special                        lowest grades of Categories A, B, C and D or of the
qualifications.                                                   Language Service.
 ---pagebreak--- 144                                   Official Journal of the European Communities
                        Article 33                                                      Section       1
Before appointment, a successful candidate shall be                                  ACTIVE EMPLOYMENT
medically examined by one of the institution's
medical officers in order that the institution may be                                     Article 36
satisfied that he fulfils the requirements of Article
28 (e).
                                                                 An official having active status is one who is
                                                                 performing the duties pertaining to the post to which
                                                                 he has been appointed or temporarily assigned as
                        Article 34                               provided in Title IV.
1.     Officials other than those in Grades A1 and A2
shall serve a probationary period of six months
before they can be established by the appointing                                        Section       2
authority.
                                                                                        SECONDMENT
2. Not less than one month before the expiry of
this probationary period, a report shall be made on                                       Article 37
the ability of each probationer to perform the duties
pertaining to his post and also on his efficiency and
conduct in the service. This report shall be                     An official on secondment is one who in the interests
communicated to the probationer, who shall have the              of the service has been directed by his institution to
right to submit his comments in writing. An official             serve temporarily in a post outside that institution or
whose work has not proved adequate for                           at his own request who has been placed at the
establishment in his post shall be dismissed.                    disposal of another of the institutions of the three
                                                                 European Communities.         •
In exceptional cases, the appointing authority may,
however, decide to extend the probationary period                An" official on Secondment shall continue to enjoy all
for a further period of three months at most before              his rights under the conditions provided in Articles
reaching a final decision.                                       38 and 39 and shall remain subject to all his
                                                                 obligations as an official of his parent institution .
An official whose appointment is terminated shall
receive compensation equal to two month's basic                                           Article 38
salary, except where he is on secondment or leave
from the civil service to which he belongs and is
entitled to resume his duties with the latter forthwith .        Secondment in the interests of the service shall be
                                                                 governed by the following rules :
                                                                 ( a) the decision on secondment shall be taken by the "
                                                                       appointing authority after hearing the official
                                                                       concerned ;
                   ,   CHAPTER 2
                                                                 ( b) the duration of secondment shall be determined
                    Administrative status                             by the appointing authority;
                                                                 (c) at the end of every six months, the official
                        Article 35                                    concerned may request that , his secondment be
                                                                      terminated ;
Officials shall be assigned one of the following                 ( d) an official on secondment shall be entitled to a
administrative statuses :                                              salary differential where , the total remuneration
                                                                       carried by -the post to which he is seconded is less
                                                                       than that carried by his grade and step in his
( a) Active employment                                                 parent institution ; he shall likewise be entitled to
(b ) Secondment;                                                      reimbursement of all additional expenses entailed
                                                                      by his secondment;
(c) Leave on personal grounds ;
                                                                 (e) an official on secondment shall continue to pay
( d) Non-active status,                                                pension contributions based on the salary for
                                                                       active employment carried by his grade and step
(e) Leave for military service.                                        in his parent institution ;
 ---pagebreak---                                     Official Journal of the European Communities                                      145
(f) an official " on secondment shall retain his post,         4. Leave on personal grounds shall be governed by
     his right to advancement to a higher step and his         the following rules :
      eligibility for promotion ;
                                                               (a) it shall be granted at the request of the official
(g) when his secondment ends an official shall at                   concerned by the appointing authority ;
      once be reinstated in the post formerly occupied
      by him. -                                                (b) application for extension shall be made two
                                                                    months before the leave expires ;
                                                               (c) another person may be appointed to the post
                         Article 39                                 occupied by the official ;
Secondment at an official's own request shall be               (d ) on the expiry of his leave an official must be
governed by the following rules :                                   reinstated in the first post corresponding to his
                                                                    grade which falls vacant in his category or
( a) the decision on secondment shall be taken by the               service. If he declines the post offered to him he
     appointing authority who shall determine its                   shall retain his right to reinstatement when the
      duration ;                                                    next vacancy corresponding to his grade occurs
                                                                    in his category 'or service; if he declines a second
(b) within six months of taking up his new duties an                time, he may be compulsorily retired after the
     official may request that his secondment be                    Joint Committee has been consulted. While
     terminated; he shall then be reinstated at once in             awaiting reinstatement, he shall remain on
     the post formerly occupied by him ;                            unpaid leave on personal grounds.
(c) at the end of this period of six months, another
     person may be appointed to his post;
                                                                                       Section      4
(d) when his secondment ends an official must be
     reinstated in the first post corresponding to his
     grade which falls vacant in his category or                                  NON-ACTIVE STATUS
     service. If he declines the post offered to him he
     shall retain his right to reinstatement when the                                   Article 41
     next vacancy corresponding to his grade occurs
     in his category or service; if he declines a second       1.     An official with non-active status is one who
     time he may be required to resign after the Joint         has become supernumerary by reason of reduction in
     Committee has been consulted. While awTaiting             the number of posts in his institution.
     reinstatement, he shall continue to be an official
      on secondment but unpaid.                                2. Reductions in the number of posts in' a
                                                               particular grade shall be decided by the appropriate
                                                               budgetary authority under the budgetary procedure.
                        Section 3
                                                               The appointing authority shall, after consulting the
                                                               Joint Committee, decide what types of posts are to be
               LEAVE ON PERSONAL GROUNDS
                                                               affected by such measures.
                         Article 40
                                                               The appointing authority shall draw up a list of the
                                                               officials to be affected by such measures, after
1.     An official may, in exceptional circumstances           consulting the Joint Committee, taking into account
and at his own request, be granted unpaid leave on             the officials' ability, efficiency, conduct in the service,
personal grounds.                                              family circumstances and seniority. Any official
                                                               occupying one of the posts referred to in the
2. Without prejudice to the provisions of Article              preceding subparagraph who expresses the wish to be
15, the duration of such leave shall not exceed one            assigned non-active status shall automatically be
year.                                                          entered on this list.
Leave may be extended for two further periods of               Officials whose names appear on this list shall be
one year each.                                                 declared to have non- active status by decision of the
                                                               appointing authority.
3.     During leave, an official shall not be entitled to
advancement to a higher step or promotion in grade ;           3 . While ,posessing this status an official shall cease
his membership of the social security scheme                   to perform his duties and to enjoy his rights to
provided for in Article 72 and 73 and cover for risks          remuneration or advancement to a higher step, but
under that scheme shall be suspended.                          shall continue, for a period not exceeding five years,
 ---pagebreak---   146                               Official Journal of the European Communities
 to accumulate rights to retirement pension based on                                   CHAPTER 3
 the salary carried by his grade and step.
                                                                  Reports, advancement to a higher step and promotion
 For a period of two years from the date of being
 assigned non-active status an official shall have                                     Article 43
 priority for reinstatement in any post in his category
 or service corresponding to his grade which may fall          The ability, efficiency and conduct in the service of
 vacant or be created, provided that he has the                each official, with the exception of those in Grades
 necessary qualifications.                                     Al and A2, shall be the subject of a periodical report
                                                               made at least once every two years as provided by
                                                               each institution in accordance with Article 110.
An official places on non-active status shall receive
 an allowance calculated in accordance with Annex
 IV.                                                           The report shall be communicated to the official. He
                                                               shall be entitled to make any comments thereon
Income received by the official from any new                   which he may consider relevant.
 employment during this period shall be deducted
from the allowance provided for in the proceding                                       Article 44
 subparagraph, if this income, and the allowance,
exceeds the remuneration last received by the official         An official who has been at one step in his grade for
 in the performance of his duties.                             two years shall automatically advance to the next
                                                               step in that grade.
4. At the end of the period of entitlement to the
 allowance the official shall be required to resign. He                                Article 45
shall, where appropriate, receive a retirement pension
 as provided in the pension scheme.                            1 . Promotion shall be by decision of the
                                                               appointing authority. It shall be effected by
5.     An official who before expiry of the two-year           appointment of the official to the next higher grade
period specified in paragraph 3 has been offered a             In the category or service to which he belongs.
post corresponding to his grade and has declined it            Promotion shall be exclusively by selection from
without good reason may, after the Joint Committee             among officials who have completed a minimum
has been consulted, be deprived of the benefit of the          period in their grade, after consideration of the
foregoing provisions and be required to resign.                comparative merits of the officials due for promotion
                                                               and of the reports on them.
                                                               For officials appointed to the starting grade in their
                    . Section 5                                service or category, this period shall be six months
                                                               from the date of their establishment; for other
              LEAVE FOR MILITARY SERVICE                       officials it shall be two years .
                       Article 42                              2. An official may be transferred from one service
                                                              to another or promoted from one category to another
An official who is called up for military service or for       only on the basis of a competition.
reserve training or is recalled to serve in the armed
forces shall be assigned the special status of 'leave for                              Article 46
military service'.
                                                              An official , appointed to a higher grade shall, in his
An official who is "called up for military service shall       new grade, have the . seniority corresponding to the
cease to receive his remuneration but shall retain his        notional step equal to or next above the notio.nal step
right to advancement to a higher step and promotion           reached in his former grade, plus the amount of the
under these Staff Regulations. He shall also continue         two-yearly increment for that grade.
to enjoy retirement pension rights in respect of his
period of service in the armed forces if, after               For the purposes of this provision, each grade shall
completing it, he pays up his pension contributions .         be divided into notional steps corresponding to
                                                              months of service and notional emoluments rising by
An official who is called up for reserve training or          one twenty-fourth of the two-yearly increment for
recalled to serve in the armed forces shall, during the       that grade throughout the span of the actual steps. An
period of training or recall, continue to receive his         official appointed to a higher grade shall in no case
remuneration subject to deduction of an amount                receive a basic salary lower than that which he would
equal to his service pay.                                     have received in his former grade.
 ---pagebreak---                                      Official Journal of the European Communities                                  147
An official appointed to a higher grade shall be                Reasoned decisions requiring officials to resign shall
classified not lower than the initial step for that             be taken by the appointing authority after consulting
grade.                                                          the Joint Committee and hearing the official
                                                                concerned.
                       CHAPTER 4
                                                                                        SectIon 3
                   Termination of service
                                                                    RETIREMENT IN THE INTERESTS OF THE SERVICE
                        Article 47
                                                                                         Article 50
Services shall be terminated by:
                                                                An official holding a post in Grades A1 or A2 may be
( a) resignation;                                               retired in the interests of the service by decision of
(b) compulsory resignation;                                     the appointing authority.
(c) retirement in the interests of the service;                 Such retirement shall not constitute a disciplinary
(d) dismissal for incompetence;                                 measure .
(e) removal from post;                                          An official thus retired who is not assigned to
(f) retirement; or                                              another post in his category or service corresponding
                                                                to his grade shall receive an allowance calculated in
(g) death.                                                       accordance with Annex IV.
                                                                Income received by the official from any new
                       Section 1                                employment during this period shall be deducted
                                                                from the allowance provided for in the preceding
                       RESIGNATION                               subparagraph, if that income and the allowance
                                                                together exceed the total remuneration last received
                        Article 48                              by the official in the performance of his duties.
An official wishing to resign shall state unequivocally         "When the official's entitlement to the allowance
in writing his intention to leave the service of the            ceases, he shall be entitled, provided he has attained
institution definitively.                                       the age of fifty-five years, to receive payment of
                                                                pension under Article 9 of Annex VIII.
The appointing authority shall give its decision
confirming the definitive resignation within one
month of receiving the letter of resignation.                                           Section 4
Resignation shall take effect on the date specified by                        DISMISSAL FOR INCOMPETENCE
the appointing authority; that date shall not be more
than three months after the date proposed by the                                         Article 51
official in his letter of resignation in the case of
officials in Category A and in the Language Service,             1.    An official who proves incompetent in the
and not more than one month in the case of officials
                                                                 performance of his duties may be dismissed.
in the other categories.
                                                                 The appointing authority may, howeyer, offer to
                                                                 classify the official in a lower grade.
                       Section 2
                                                                 2.    Any proposal for the dismissal of an official
                COMPULSORY RESIGNATION                           shall set out the reasons on which it is based and
                                                                 shall be communicated to the official concerned. He
                        Article 49                               shall be entitled to make any comments thereon
                                                                 which he considers relevant.
 An official may be required to resign only where he
 ceases to fulfil the conditions laid down in Article 28         The appointing authority shall take a reasoned
 (a), or in the cases provided for in Articles 13 , 39, 40       decision, after complying with the procedure laid
 and 41 (4) and (5 ).                                            down in Annex IX.
 ---pagebreak---  148                                Official Journal of the European Communities
                      Section 5                                                      Section 6
                       RETIREMENT
                                                                                  HONORARY RANK
                        Article 52
                                                                                       Article 54
 Without prejudice to the provisions of Article 50, an
 official shall be retired on reaching the age of
 sixty-five years.                                             On termination of service an official may be given
                                                               an honorary rank in either his career bracket or the
                                                               next higher bracket, by decision of the appointing
                        Article 53
                                                               authority.
An official to whom the Invalidity Committee finds
that the provisions of Article 78 apply shall cease to         No pecuniary benefits shall attach to such honorary
perform his duties and shall be retired. *                     rank.
                                                       TITLE IV
                                      WORKING CONDITIONS OF OFFICIALS
                       CHAPTER 1                               compensatory leave during the month following that
                                                               in which the overtime was worked .
                      Hours of work
                        Article 55                                                    CHAPTER 2
                                                                                         Leave
Officials in active employment shall at all times be at
the disposal of their institution.                                                     Article 57
However, the normal working week shall not exceed
                                                               Officials shall be entitled to annual leave of not less
fortyrfive hours, the hours of the working day to be
determined by the appointing authority. Within the             than twenty-four working days nor more than thirty
same limits the appointing authority may, after                working days per calendar year, in accordance with
consulting the Staff Committee, determine the hours            rules to be laid down by common accord of the
to be worked by certain groups of officials engaged            institutions of the Communities, after consulting the
on particular duties.                                          Staff Regulations Committee.
                                                              Apart from this annual leave an official, on
                       Article 56                              application may, exceptionally be granted special
                                                               leave. The rules relating to ' granting such leave are
                                                               laid down in Annex V.
An official 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 public                                    Article 58
holidays, may be authorised only in accordance with
the procedure laid down by the appointing authority.          Pregnant women shall , in addition to the leave
In no case may an official be asked to do more than           provided for in Article 57, be entitled, on
forty hours per month of actual overtime or 150                production of a medical certificate to maternity leave
hours per six calendar months.                                 starting six weeks before the probable date of
                                                               confinement shown in the certificate and ending six
Overtime worked by officials in Categories A and B             weeks after the date of confinement; such leave shall
and in the Language Service shall carry no right to            in no case be for less than twelve weeks .
compensation or remuneration.
                                                                                      Article 59
As provided in Annex VI, overtime worked by
officials in Categories C and D shall entitle them             1.    An official who provides evidence of incapacity
either to compensatory leave or to remuneration               to perform his duties because of sickness or accident
where requirements of the service do not allow                shall automatically be entitled to sick leave.
 ---pagebreak---                                   Official Journal of the European Communities                                     149
The official concerned shall notify his institution of                               Article 60
his incapacity, and at the same time state his present
address . He shall produce a medical certificate if he is     Except in case of sickness or accident, an official may
absent for more than three days. He shall be liable to        not be absent without prior permission from his
medical examination arranged by the institution .             immediate superior. Without prejudice to any
                                                              disciplinary measures that may apply, any un­
The appointing authority may refer to the Invalidity          authorised absence which is duly established shall be
Committee the case of any official whose sick leave           deducted from the annual leave of the official
totals more than twelve months in any period of               concerned. If he has used up his annual leave, he shall
three years .                                                 forfeit his remuneration for an equivalent period.
2.    An official may be required to take leave after         If an official wishes to spend sick leave elsewhere
examination by the institution's medical officer if his       than at the place where he is employed he shall
state of health so requires or if a member of his             obtain prior permission from the appointing
household is suffering from a contagious disease.             authority.
3.     Cases in dispute shall be referred to the
Invalidity Committee for an opinion.
                                                                                    CHAPTER 3
4.    Officials shall undergo a medical check-up every
year which shall be carried out either by the                                      Public holidays
institution's medical officer or by a medical
practitioner chosen by them.                                                         Article 61
In the latter case, the practitioner's fees shall be          A list of public holidays shall be drawn up by
payable by the institution, up to a maximum fixed             agreement between the institutions of the
annually by the appointing authority after consulting         Communities after consulting the Staff Regulations
the Staff Regulations Committee.                              Committee .
                                                        TITLE V
                             EMOLUMENTS AND SOCIAL SECURITY FOR OFFICIALS
                       CHAPTER 1                                                     Article 63
               Remuneration and expenses                      An official's remuneration shall be expressed in the
                                                              currency of the country where the Community which
                                                              he serves has its provisional seat.
                      Section 1
                                                              It shall be paid in the currency of the Country in
                     REMUNERATION                             which the official performs his duties.
                                                              Remuneration paid in a currency other than that of
                       Article 62                             the country where the Community which he serves
                                                              has its provisional seat shall be calculated on the
In accordance with Annex VII and save as otherwise            basis of the values accepted by the International
expressly provided, an official who is duly appointed         Monetary Fund and in force on 7 September 1960.
shall be entitled to the remuneration carried by his
grade and step .                                                                     Article 64
An official may not waive his entitlement to                  An official's remuneration expressed in the currency
remuneration .                                                of the country where the Community which he serves
                                                              has its provisional seat shall, after the compulsory
                                                              deductions set out in these Staff Regulations or in
Remuneration shall comprise basic salary, family              any implementing regulations have been made, be
allowances and other allowances .                             weighted at a rate above, below or equal to 100% ,
 ---pagebreak--- 150                                 Official Journal of the European Communities
depending on living conditions in the various places             During this review the Councils shall consider
of employment.                                                   whether, as part of economic and social policy of the
                                                                 Communities, remuneration should be adjusted.
These weightings shall be adopted by common                      Particular account shall be taken of any increases in
accord of the Councils, acting by a qualified majority           salaries in the public service and the needs of
on proposals from the Commissions as provided in                 recruitment.
the first indent of the second subparagraph, Articles
148 (2) of the Treaty establishing the European
Economic Community and 118 (2) of the Treaty,                    2. In the event of a substantial change in the cost
establishing the        European Atomic Energy                   of living, the Councils shall decide what adjustments
Community. The weighting applicable to the                       shall be made to the weightings, and if appropriate to
remuneration of officials employed at the provisional            apply them retrospectively.
seats of the Communities shall be equal to 100% as
at 1 January 1962.                                               3 . For the purposes of this Article, the Councils
                                                                 shall act by a qualified majority on proposals from
                        Article 65                               the Commissions as provided in the first indent of the
                                                                 second subparagraph of Articles 148 (2) of the Treaty
1.    The Councils shall each year review the                    establishing the European Economic Community and
remuneration of the officials and other servants of              118 (2) of the Treaty establishing the European
the Communities. This review shall take place in                 Atomic Energy Community.
September in the light of a joint report by the
Commissions based on a joint index prepared by the
Statistical Office of the European Communities in                                         Article 66
agreement with the national statistical offices of the
Member States ; the index shall reflect the situation as         Basic monthly salaries are determined for each grade
at 1 July in each of the countries of the Communities .          and step as provided in the following table :
                                                                 Steps
                 Grades
                              1        2         3          4             5         6      ■   7       8
                                 J
              A 1          46 350   49 050·    51750      54 450        57 150   59 850        _·
              A 2          41 000   43 450     45 900     48 350        50 800 ' 53 250        —       —
              A3 L/A 3     35 600   37 700     39 800     41 900        44 000   46 100    48 200    50 300
              A 4 L/A 4    30 500   32 100     33 700     35 300        36 900   38 500     40 100   41 700
              A 5 L/A 5    25 200   26 650     28 100   • 29 550        31000    32 450     33 900   35 350
              A 6 L/A 6    21 550   22 750     23 950     25 150        26 350   27 550     28 750   29 950
              A 7 L/A 7    18 000    19 050  • 20 100     21 150        22 200   23 250        —       —
              A 8 L/A 8    15 650    16 500      —          —             —        —           —       —
              B 1          21 600   22 800     24 000     25 200        26 400   27 600    28 800    30 000
              B 2          18 150    19 150    20 150     21 150        22 150   23 150    24150     25 150
              B3           14 800    15 650    16 500     17 350        18 200   19 050      19 900  20 750
              B 4          12 300    13 000    13 700     14 400        15 100   15 800      16 500  17 200
              B 5          10 550    11 100    11650      12 200                               "       "
              CI           12 300    13 000    13 700     14 400        15 100   15 800      16 500  17 200
              C 2          10 600    11 150    H'700      12 250        12 800   13 350      13 900  14 450
              C 3           9 050     9 550    10 050     10 550        11050    11550       12 050  12 550
              C 4           7 900     8 350     8 800      9 250         9 700   10 150      10 600  11050
              C 5           6 900     7 300     7700       8 100
              D 1           8 900     9 400     9 900     10 400      • 10 900   1.1400 .    11 900  12 400
              D 2           7 600     8Û50      S 500      8 950         9 400    9 850      10 300  10 750
              D 3           6 650     7 050  '  7 450      7 850         8 250    8 650       9 050   9 450
              D 4           5 850     6 200     6 550      6 900                               —
 ---pagebreak---                                    Official Journal of the European Communities                                    151
                       Article 67                                                    CHAPTER 2
 1.    Family allowances shall comprise :                                       Social security benefits
 (a) head of household allowance equal to 5% of the                                   Article 72
     basic salary or Bfrs 625 per month, whichever is
     the greatest;
                                                               1 . An official, his spouse, dependant children and
 (b) dependent child allowance of Bfrs 1000 per child         other dependants within the meaning of Article 2 of
     per month;                                               Annex VII, are insured against sickness up to 80% of
                                                              the expenditure incurred and as provided in rules
 (c) education allowance.                                     drawn up by agreement between the Institutions of
                                                              the Communities .     One-third of the contribution
 2. Officials in receipt of family allowances                 required to meet such insurance shall be charged to
 specified in paragraph 1 shall declare allowances of a       the official but so that the amount charged to him
 similar nature which they receive from other sources ;       shall not exceed 2% of his basic salary.
 such latter allowances shall be deducted from those
paid under Articles 1 and 2 of Annex VII.                     2.    An official who has remained in the service of
                                                              the Communities until the age of sixty years or who
                                                              is in receipt of an invalidity pension shall be entitled
                       Article 68
                                                              to the benefits provided for in the preceding
                                                              paragraph after he has left the service. The amount of
                                                              contribution shall be calculated by reference to the
Family allowances shall continue to be payable in full        amount of pension.
where the official is in receipt of the allowances
under Articles 41 or 50 .
                                                              Those benefits shall also apply to the recipient of a
                                                              survivor's pension following the death of an official
                                                              who was in active employment or who remained in
                                                              the service of the Communities until the age of sixty
                       Article 69
                                                              years, or the death of a person in receipt of an
                                                              invalidity pension. The amount of contribution shall
The expatriation allowance shall be equal to 16% of           be calculated by reference to the amount of his
the basic salary.                                             pension.
                                                             3 . Where the total expenditure not reimbursed for
                                                              any period of twelve months exceeds half the
                       Article 70
                                                             official's basic monthly salary or pension special
                                                             reimbursement shall be allowed by the appointing
In the event of an official's death, the surviving           authority, account being taken of the family
spouse or dependent children shall receive the               circumstances of the person concerned, in manner
deceased's full remuneration until the end of the third      provided in the rules referred to in paragraph 1 .
month after the month in which the death occurred .
Such remuneration may be granted to the husband of           4.     Persons entitled to the foregoing benefits shall
a female official where Article 23 of Annex VIII
                                                             declare the amount of any expenditure reimbursed
applies .                                                    from other sources. Where the total which he would
                                                             receive by way of reimbursement exceeds the
                                                             expenditure actually incurred, the difference shall be
                                                             deducted from the amount to be reimbursed under
                     Section 2                               the preceding paragraphs.
                       EXPENSES
                                                                                     Article 73
                      Article 71                             1 . An official is, from the date of his entry into the
                                                             service, insured against the risk of occupational
An official shall be entitled, as provided in Annex          disease or accidents in the manner provided for in
VII, to reimbursement of expenses incurred by him            rules drawn up by common agreement of the
on taking up appointment, transfer, or leaving the           Institutions of the Communities after consulting the
service, and also to expenses incurred by him in the         Staff Regulations Committee. He shall contribute to
course of or in connection with the performance of           the cost of insuring against non-occupational risks up
his duties .                                                 to 0-1% of his basic salary.
 ---pagebreak--- 152                                 Official Journal of the European Communities
Such rules shall specify which risks are not covered.                                   Article 74
2.     The benefits payable shall be as follows :               On the birth of a child the official shall receive a
(a) In the event of death :                                    grant of Bfrs 5500.
    Payment to the persons listed below of        a lump        This grant shall also be payable in the event of a
    sum equal to five times the deceased's         annual       termination of pregnancy after not less than seven
    basic salary calculated by reference          to the        months .
    amounts of salary received during the          twelve       Where both parents are employed in institutions of
     months before the accident :
                                                                the three European Communities, the grant shall be
    — to the deceased official's spouse and children           paid to the head of household only.
         in accordance with the law of succession
         governing the official's estate ; the amount                                   Article 75
         payable to the spouse shall not, however, be
         less than 25% of the lump sum ;
                                                                In the event of an official's death, the institution shall
    — where there are no persons of the category                bear the costs involved in transporting the body to
         above, to the other descendants in accordance          the official's place of origin.
         with the law of . succession governing the
         official's estate;                                                             Article 76
     — where there are no persons of either of the
         two categories above, to the relatives in the          Gifts, loans or advances may be made to officials ,
         ascending line in accordance with the law of           former officials or where an official has died, to those
         succession governing the official's estate ;           entitled under him who are in a particularly difficult
                                                                position as a result of serious or protracted illness or
     — where there are no persons of any of the                 by reason of family circumstances.
   1 • three categories above, to the institution.
(b) In the event of total permanent invalidity :                                        CHAPTER 3
     Payment to the official of a lump sum equal to                                        Pensions
     eight times his annual basic salary calculated on
    the basis of the amounts of salary received during                                  Article 77
    the twelve months before the accident.
                                                                An official who has completed at least ten year's
(c) In the event of partial permanent invalidity :              service shall be entitled to a retirement pension. He
                                                                shall, however, be entitled to such pension, irrespective
     Payment to the official of a proportion of the             of length of service, if he is over sixty years, if it has
     sum provided for in subparagraph (b ), calculated          not been possible to reinstate him during a period of
     by reference to the scale laid down in the rules          ,non-active status or in the event of retirement in the
     referred to in paragraph 1 .                               interests of the service .
    As provided in these rules an annuity may be                The maximum retirement pension shall be 60% of
     substituted for the payments provided for above.           the average final salary received by the official. It
     The benefits listed above may be paid in addition          shall be payable to an official who has completed
     to the benefits provided for in Chapter 3 .                thirty-three years service reckoned in accordance with
                                                                Article 3 of Annex VIII. Where the number of years
                                                                of service is less than 33 , the above maximum shall
3 . The following shall also be covered in the                  be reduced proportionately.
manner provided for in the rules referred to in
paragraph . 1 : medical, pharmaceutical, hospital,             The average final salary received by an official is
surgical, prosthesis, radiography, massage, ortho­              defined as being equal to the average basic annual
paedic, clinical and transport expenses and any other           salary at his grade and step for the last three years
similar expenditure incurred as a result of the                 before leaving the service.
accident or occupational disease.                               The amount of the retirement pension must not be
                                                                less than 4% of the minimum subsistence figure per
Reimbursement shall, however, only be made where                year of service.
the amount paid to the officials under Article 72 does
not fully cover the expenditure incurred.                       The pensionable age shall be sixty years.
 ---pagebreak---                                      Official Journal of the European Communities                                    153
                        Article 78                                                      Article 82
An official shall be entitled, in the manner provided           1 . The pensions provided for above shall be
in Articles 13 to 16 of Annex VIII, to an invalidity            calculated by reference to salary scales in force on the
pension in the case of total permanent invalidity               first day of the month in which entitlement
rendering him incapable of performing the duties                commences .
corresponding to a post in his career bracket.
The invalidity pension shall be 60% of the last basic           They shall be weighted in the manner provided in
salary received by the official; it shall not be less than      Article 64 and Article 65 (2) for the country of the
120% of the minimum subsistence figure nor less                 Communities where the person entitled to the
than the retirement pension to which the official was           pension declares his home to be. Payment of such
entitled at the date of entitlement to disability               pensions shall be effected in accordance with the
pension. In the case of invalidity brought about                terms contained in Article 63 in respect of payment
deliberately by the official, the appointing authority          of remunerations .
may decide that he should receive only a retirement
pension.
                                                                2.    Should the Councils in accordance with Article
                        Article 79                              65 ( 1 ) decide to increase remunerations, they shall,
                                                                acting in accordance with the procedure set out in
The widow of an official or of a former official shall          Article 65 (3 ), at the same time decide on an
be entitled in the manner provided in chapter 4 of              appropriate increase in pensions .
Annex VIII to a survivor's pension equal to 50% of
the retirement Or disability pension which was paid
to her husband, or which, irrespective of length of                                     Article 83
service, would have been payable to him if he had
qualified for it at the time of his death.
                                                                1 . Benefits paid under this pension scheme shall be
The amount of the survivor's pension payable to the             charged to the budget of the Communities. Member
widow of an official who has died while in one of the           States shall jointly guarantee payment of such
administrative statuses specified in Article 35 , with          benefits in accordance with the scale laid down for
the exception of teave on personal grounds, shall be            financing such expenditure.
neither less than the minimum subsistence rate nor
less than 30% of the last basic salary received by the
official .                                                      2.    Officials shall contribute one third of the cost of
                                                                this pension scheme. The contribution shall be 6% of
                                                                the official's basic salary, the weightings provided for
                         Article 80                             in Article 64 not being taken into account. It shall be
                                                                deducted monthly from the salary of officials.
Where an official or the person entitled to a
retirement or invalidity pension dies leaving no
spouse entitled to a survivor's pension, the dependent          3.    The procedure for calculation of the pensions of
children within the meaning of Article 2 of Annex               officials who have spent part of their service with the
VII shall be encicled to an orphan's pension in                 European Coal and Steel Community or who belong
accordance with Article 21 of Annex VIII .
                                                                to the institutions or organs common to the
The same pension entitlement shall apply to children            Communities, and the apportionment of the cost of
who fulfill the above conditions in the event of the            such award between the European Coal and Steel
death or remarriage of the recipient of a survivor's            Community pension fund and the budgets of the
pension .                                                       European Economic Community and the European
                                                                Atomic Energy Community shall be settled by a
                                                                Regulation made by agreement between the Councils
                        Article 81                              and of the Committee of Presidents of the European
                                                                Coal and Steel Community, after consulting the Staff
A person entitled to a retirement pension payable at            Regulations Committee.
the age of sixty years or later, or of a disability
pension shall be entitled, to a dependent child
allowance for each dependent child, within the
meaning of Article 2 of Annex VII.                              4.    Should an actuarial assessment of the pension
                                                                scheme, carried out by one or more qualified experts
The recipient of a survivor's pension shall be entitled,        at the request of the Councils,* show the contributions
in respect of each child recognised as a dependent, to          of officials to be insufficient to finance one third of
thrice the amount of the dependent child allowance.             the benefits payable under the pension scheme, the
 ---pagebreak---  154                                 Official Journal of the European Communities
 budgetary authorities shall, in accordance with the                                    CHAPTER 4
budgetary procedure and after receiving an opinion
from the Staff Regulations Committee provided for in                              Recovery of overpayments
Article 10 determine what changes are to be made in
the rates of contributions or to the retirement age .                                    Article 85
                                                                Any sum overpaid may be recovered if the recipient
                         Article 84                             was aware that there was no due reason for the
                                                                payment or if the fact of the overpayment was
Detailed rules governing the foregoing pension                  patently such that he could not have been unaware of
 scheme are contained in Annex VIII.                            it.
                                                        TITLE VI
                                               DISCIPLINARY MEASURES
                         Article 86                             The official concerned shall be heard before such
                                                                action is taken .
1 . Any failure by an official or former official to
 comply with his obligations under these Staff                  Other measures shall be ordered by the' appointing
Regulations, whether intentionally or through                   authority after the disciplinary procedure provided in
 negligence on his part, shall make him liable to               Annex IX has been completed. This procedure shall
 disciplinary action.                                           be initiated by the appointing authority after hearing
                                                                the official concerned.
2.     Disciplinary measures shall take one of the
following forms :
                                                                                         Article 88
(a) written warning; .
                                                               Where an allegation of serious misconduct is made
(b) reprimand;                                                  against an official by the appointing authority,
                                                                whether this amounts to failure to carry out his
(c) deferment of advancement to a higher step ;                 official duties or to a breach of law, the authority may
(d) relegation in step ;                                        order that he be suspended forthwith.
(e) downgrading                                                 The decision that an official be suspended shall
                                                                specify whether he is to continue to receive his
(f) removal from post and, where appropriate,                  remuneration during the period of suspension or
      reduction    or  withdrawal    of  entitlement   to      what part thereof is to be withheld; the part withheld
      retirement pension ;                                      shall not be more than half the official's basic salary.
(g) where the official has left the service, withdrawal        A final decision shall be taken within four months
      in whole or part either temporarily or                   from the date when the decision that an official be
      permanently,' of entitlement to retirement
      pension ; this provision shall not apply so as to        suspended came into force. Where no decision has
      affect those under him .                                  been taken at the end of four months, the official
                                                                shall again receive his full remuneration.
3 . ■ A single offence shall not give rise to more than        Where no disciplinary action has been taken in
one disciplinary measure.                                       respect of an official other than a written warning, a
                                                               reprimand or deferment of advancement to a higher
                                                               step has been ordered, or if no final decision has been
                                                               taken within the period specified in the preceding
                        Article 87                             paragraph, the official concerned shall be entitled to
                                                               reimbursement       of   the   amount   of  remuneration
The appointing authority shall have the right to issue          withheld .
a written warning or a reprimand without consulting
the Disciplinary Board, on a proposal from the                 Where, however, the official is prosecuted for those
official's immediate superior or on its own initiative.        same acts, a final decision shall be taken only after a
 ---pagebreak---                                      Official Journal of the European Communities                                      155
 final verdict has been reached by the court hearing            measure, submit a request for the deletion from his
 the case.                                                      personal file of all reference to such measure.
                        Article 89                               The appointing authority shall, after consulting the
                                                                 Disciplinary Board in cases where the Board has
 An official against whom a disciplinary measure                 taken part in the disciplinary procedure, decide
 other than removal from post has been ordered may,              whether to grant the official's request; if it decides to
 after three years in the case of a warning or a                 do so, the file as constituted following such deletion,
 reprimand or after six years in the case of any other           shall be communicated to him.
                                                         TITLE VII
                                                         APPEALS
                        Article 90                               Regulations, the Court of Justice shall have unlimited
                                                                 jurisdiction.
 Any official may submit a request or a complaint to
 the appointing authority in his institution .                  2.     Appeals under this Article shall be lodged
                                                                 within three months. If the measure is of a general
 The request or complaint shall be submitted through             nature the period shall begin on the date of
the official's immediate superior, except where it              publication thereof by the competent authority of the
concerns that person in which case it may be                    institution, and if the measure affects a specified
submitted directly to the authority next above. "               person, the period shall begin on the date of
                                                                notification of the decision to that person.
                                                                "Where the competent authority takes no decision in
                        Article 91                              respect of a request or a complaint from a person
                                                                covered by these Staff Regulations within two
 1 . Any dispute between one of the Communities                 months from the date on which it was lodged, this
 and a person covered by these Staff Regulations                 shall be deemed to constitute an implied decision
regarding the legality of an act complained of by               rejecting it; an appeal against such decision shall be
such person shall be submitted to the Court of                  lodged within a further two months.
Justice of the European Communities. In the cases
mentioned in these Staff Regulations and in disputes            3 . Appeals shall be investigated and heard as
of    a  financial  character    between    one    of  the      provided in rules of procedure laid down by the
Communities and a person covered by these Staff                  Court of the European Communities.
                                                        TITLE VIII
              SPECIAL PROVISIONS APPLICABLE TO OFFICIALS IN THE SCIENTIFIC OR TECHNI­
              CAL SERVICES OF THE JOINT NUCLEAR RESEARCH CENTRE OF THE EUROPEAN
                                           ATOMIC ENERGY COMMUNITY
                        Article 92                                                      Article 93
This Title lays down the special provisions applicable          The Commission of the European Atomic Energy
to officials of the European Atomic Energy                       Community may decide to grant officials covered by
Community who occupy posts in the field of nuclear              Article 92 who belong to Grade A1 or A2 and
science calling for scientific or technical qualifications      possess very high scientific or technical qualifications
and who are paid from appropriations in the research            pecuniary advantages exceeding by not more than
and investment budget.                                          25% those set out in Title V, excluding fixed
                                                                allowances and expenses.
A table showing basic posts and corresponding career
brackets for officials in the scientific and technical          The maximum number of officials to be granted such
services covered by the preceding paragraph is given            advantages shall be fixed by the Council of' the
in Annex I B.                                                   European Atomic Energy Community, acting on a
 ---pagebreak---   156                                Official Journal of the European Communities
 proposal from the Commission of the European                                           Article 97
 Atomic Energy Community.
                                                                 By way of derogation from Article 44, an official
                         Article 94                              covered by Article 92 shall, after each period of two
                                                                years, receive an increase in basic salary equal to one
 The following provisions shall apply in addition to             half of the increment provided for in the scale shown
                                                                in Article 66.
 those of the second paragraph of Article 17 and
 Article 18 to officials covered by Article 92.                 The appointing authority may also, at its discretion,
                                                                 award an official covered by Article 92 an increase in
The publication by an official, whether in written
                                                                basic salary equal to not more than three
 form or otherwise of any matter dealing with the
                                                                half-increments in step in respect of each period of
work of the European Atomic Energy Community
                                                                two years .
 shall be subject to the permission of and the
 conditions laid down by the appointing authority.              Such increases shall not give an official a basic salary
The Community shall have the right to acquire                   higher than that for the highest step in his grade.
 compulsorily the copyrights in such publication .
                                                                The total number of half-increments in step awarded
 Any invention or discovery made by an official in the          under the above discretionary provision to officials in
 course of or in connection with the performance of             any one grade shall not exceed the number of
his duties shall be the undisputed property of the              half-increments in step permissible under the first
European Atomic Energy Community.                     The       paragraph.
institution may, at its own expense and on behalf of
the Community, apply for and obtain patents
therefore in all countries. Any invention or discovery                                  Article 98
relating to the work of the European Atomic Energy
Community and made by an official during the year               Further to Article 34, any official covered by Article
following the expiration of his term of duty shall,             92 may on completion of his period of probation
unless proved otherwise, be deemed to have beien                have his original' classification changed.
made in the course of or in connection with the
performance of his duties. Where inventions are the             Article 45 (2) shall not apply to officials covered by
                                                                Article 92 .
subject of patents the name of the inventor or
inventors shall be stated .                                     So that the appointing authority may promote the
The institution may in appropriate cases award a                most deserving of the officials covered by Article 92,
bonus, the amount of which shall be determined by               exceptions not exceeding one year may in properly
the institution, to an official who is the author of a          circumstantiated exceptional cases, be made as
patented invention.                                             regards the length of service laid down in the second
                                                                subparagraph of Article 45 ( 1 ). An official shall not
                                                                benefit from the provisions of this paragraph more
                         Article 95                             than once in any period of five years.
For a period of three years from the date of entry
into force of these Staff Regulations and by way of                                     Article 99
derogation from Articles 31 and 32, officials covered
by Article 92 may be appointed to a grade above the             The appointing authority may award officials
starting grade for the post for which they are                  covered by Article 92 a bonus for exceptional service ;
recruited and may be classified, as regards not more            this shall not, exceed three times the amount of the
than half of the posts to be filled, to a step other than       basic monthly salary for any one year save where
those mentioned in Article 32 .                                 derogation is made by the Council of the European
                                                                Atomic Energy Community on a proposal from the
At the end of this period the Council of the European           Commission of the European Atomic Energy
Atomic Energy Community shall, on a proposal from               Community.
the Commission of the European Atomic Energy
Community, lay down the definitive provisions to               Aggregate bonus awards for exceptional service shall
govern the recruitment of such persons.                         not exceed 3% of the total basic salaries payable
                                                                annually to all the scientific and. technical staff
                                                                covered by Article 92.
                         Article 96
                                                                The Commission of the European Atomic Energy
By way of derogation from Ar.ticle 34 ( 1 ), the                Community shall each year decide on the amount of
probationary period may last from three to" six                the bonus and the persons to whom it shall be
months for officials covered by Article 92 who belong           awarded and shall present a report to the Council of
to Category C or D.                               '            the European Atomic Energy Community on the
 ---pagebreak---                                       Official Journal of the European Communities                                     157
number and amount of the bonuses awarded, giving                  such special allowances and the persons who shall
a breakdown by grade and service and the main                     receive them .
reasons for the awards.
                                                                                        Article 101
                        Article 100                               By way of derogation from the second paragraph of
                                                                  Article 56, and in exceptional cases only, overtime
Special allowances may be granted to certain of the               worked by certain of the officials covered by Article
officials covered by Article 92 to compensate for                 92 who belong to Category B may entitle them to
particularly arduous working conditions.                          compensation or remuneration as provided in Annex
The Council of the European Atomic Energy                         VI.
Community shall, on a proposal from the                           The appointing authority shall designate the posts the
Commission of the European Atomic Energy                          holders of which shall be entitled to benefit from the
Community, determine the rates and conditions of                  provisions of this Article.
                                                           TITLE IX
                                       TRANSITIONAL AND FINAL PROVISIONS
                        CHAPTER 1                                 Establishment Board consisting of servants of the
                                                                  institution employed in a supervisory capacity^ who
                   Transitional provisions                        shall be appointed thereto by the appointing
                                                                  authority.
                        Article 102
                                                                  This Board shall advise the appointing authority as to
1 . A servant of the Communities who is occupying                 the suitability for the duties of their posts of those
a permanent post in one of the institutions of the                servants of the institution who are eligible for
Communities when these Staff Regulations enter into               establishment under the above provisions, with the
force may, by decision of the appointing authority, be            exception of those in Grade A 1 or A 2; this shall be
established in the grade and at the step and in the               done on the basis of a report, on the official's ability,
scale of remuneration laid down by these Staff                    efficiency and conduct in the service, prepared by his
Regulations corresponding to the grade and step                   superiors.
expressly or impliedly accorded to him before these
Staff Regulations were applied to him, subject to any             2. The contract of any such servant on whom the
decisions which may be taken by agreement between                 Establishment Board reports unfavourably shall be
the Councils of the European Economic Community                   terminated. The appointing authority may, however,
and the European Atomic Energy Community for                      offer such person establishment in a lower grade and
standardising practice in regard to career brackets               at a lower step in the scale of remuneration laid
and the criteria to be used in grading, provided that :           down by these Staff Regulations than those attained
                                                                  whether expressly or impliedly accorded him
— as regards every such servant, he satisfies the                 previously. A servant whose contract is terminated
    requirements of Article 28 (a), ( b), (c), (e) and (f)        shall receive compensation as provided for in the last
— as regards every such servant, save those in Grade              subparagraph of Article 34 (2).
    A 1 and A 2 :
    (a) he has been in the service of one of the                  3.    Any servant of the Communities employed as
         institutions of the Communities for more                 such when these Staff Regulations enter into force,
         than six months when these Staff Regulations             who has not been expressly or impliedly assigned a
         enter into force ; a servant of the                      grade and step before these Staff Regulations are
         Communities who does not satisfy this                    applied to him, shall be assigned such grade and
         requirement may be appointed for a                       step within one year of the date on which these Staff
         probationary period and be established as an             Regulations enter into force by the appointing
         official as provided in Article 34 ;                     authority which may, where appropriate, derogate -
                                                                  from Article 32.
    (b) have not been the subject of any unfavourable
         report by the Establishment Board provided               4.    By way of derogation from paragraph 1 ,
         for in the following subparagraph.
                                                                  (a) an official whose post comes under Category D
Upon the entry into force of these Staff Regulations                   in the table shown in Annex I shall be classified
there shall be set up in each institution an                           in the grade for his post and at the step within
 ---pagebreak--- 158                                  Official Journal of the European Communities
     that grade for which the basic salary, less                2. This allowance, calculated monthly, shall be
     Community tax and the official's contribution to           equal to the difference between :
     the pension scheme, is equal to, or else directly
     below, the sum of the basic salary plus local              — the total obtained, after deduction of staff
     allowance, less contribution, to the temporary                 contribution to the pension scheme, by combining
     joint provident scheme of the institutions of the                  the basic salary.
     Communities, which he was receiving when these
     Staff Regulations entered into force;                              the local allowance and
(b) an official in the Language Service shall be                        the separation allowance
     classified in the grade for his post and, at the step
     within that grade directly above the step at which             to which the official would have been entitled
     he would have been classified in accordance with               under the former scale of remuneration, in respect
     paragraph 1 .                                                  of the first month during which these Staff
                                                                    regulations are applied, with
5 . The provisions of Chapter 1 of Title VIII of the
                                                                        the head of household allowance and
Staff Regulations of Officials of the European Coal
and Steel Community shall apply to a servant who,                       the dependent child allowance
before these Staff Regulations entered into force was
an established official of the European Coal and Steel              which the official would have received under the
Community and has been granted leave on personal                    former scale of remuneration in respect of the
grounds in one of the institutions of that Community­               first month during which these Staff Regulations
in order to enter the service of an institution of the
                                                                    are in force if at that time his circumstances as to
European Economic Community or of the European
                                                                    dependants had been the same as during the
Atomic Energy Community, in respect of the grade                    month in question; and
and step in which he is established in accordance
with paragraphs 1 to 4 above, provided this does not
confer on him advantages greater than those he                      the total obtained, after deduction of Community
                                                                    tax and pension contribution , by combining
would have enjoyed if he had been established in the
same grade under the Staff Regulations of Officials of                   the basic salary,
the European Coal and Steel Community.
                                                                        the head of household allowance,
                        Article 103                                      the dependent child allowance, and
                                                                         the expatriation allowance
An official shall retain the seniority accrued since he
entered the service of the Communities . He shall also              payable to the official for the month in question
retain, in the grade and at the step assigned to him,               under these Staff Regulations ; when calculating
the seniority accrued in the grade and at the step                  the compensatory allowance for officials covered
expressly or impliedly accorded to him before these                 by Article 106, no account shall be taken of the
Staff Regulations were applied to him.                              separation allowance.
                        Article 104                             3.    The compensatory allowance shall cease not
                                                                later than six years after these Staff Regulations are
Application of these Staff Regulations to an official           applied.
pursuant to these transitional provisions, an official
shall entail that he renounce the terms of his existing
contract.
                                                                                        Article 106
Such renunciation shall be made in writing.
                                                                Any official in receipt of a separation allowance
No official shall be penalised as a result of such           \  before these Staff Regulations were applied who does
renunciation as regards reimbursement to him of past            not qualify for an expatriation allowance under
or current expenses .                                           Article 4 of Annex VII shall be allowed the -      same .
                                                                amount as that which he would have received by way
                                                                of separation allowance under the scale of
                        Article 105                             remuneration existing before these Staff Regulations
                                                                entered into force. Such amount shall not in future be
1.    An official whose net remuneration is reduced             varied for any reason whatever, save where the
by reason of the application of these Staff                     official qualifies for an expatriation allowance by
Regulations shall receive a compensatory allowance.             satisfying the requirements therefore.
 ---pagebreak---                                     Official Journal of the European Communities                                   159
                        Article 107                            6.    An official to whom the provisions of the
                                                               preceding paragraphs apply shall, if affected by either
1 . An official to whom these Staff Regulations                of the measures in Articles 41 and 40 be credited
have been applied in accordance with these                     upon starting to draw retirement pension with a
transitional provisions and who furnishes evidence of          proportion of the number of years of pensionable
having been obliged by reason of his entering the              service with which he would have been credited if he
service of one of the Communities to forfeit in whole          had attained the age of sixty-five years. That
or in part the pension rights which have accrued to            proportion shall be equal to the ratio between the
him in his country of origin and of being unable to            number of years of pensionable service reckoned in
obtain the actuarial equivalent of such rights shall be        calculating his pension rights and the number of
credited, for the purposes of his retirement pension in        years of pensionable service which he could have
the Communities and without payment of arrears of              earned up to the age of sixty-five years.
contributions, with annual contributions, with annual
contributions corresponding to the number of years                                    Article 108
of pensionable service accrued in his country of
origin .
                                                               For one year from the date of entry into force of
2.     The number of years of pensionable service thus         these Staff Regulations, vacancies or newly created
credited shall be determined by the appointing                 posts may be filled by the promotion of officials who
authority of the institution to which the official             do not meet the requirements laid down in Article 45 .
belongs after receiving the opinion of the Staff
Regulations Committee provided for in Article 10. It           The foregoing provisions shall not be applied to any
shall not exceed :                                             one official more than once during that period.
— the number of years of actual service which it will
     be possible for the official to complete up to the                                Article 109
     age of sixty-five years.
                                                               For six months from the date of entry into force of
— half the number of years of service which upon his           these Staff Regulations, the functions of the Staff
     attaining the age of sixty-five years would be            Committee shall be performed by the Interim Staff
     required for him to complete thirty-three years of        Committee elected by servants of the Communities
     pensionable service.                                      employed prior to the entry of these Staff Regulations.
3 . An official to whom the foregoing provisions               The functions of the Staff Regulations Committee
apply shall pay to the community which he serves a              shall be during that period by an Interim Staff
proportion of the sums paid to him in settlement of            Regulations      Committee        consisting  of    one
his pension rights in his country of origin which do           representative appointed by the Interim Staff
not correspond to the actuarial equivalent of those             Committee of each institution and one representative
 rights ; that proportion should be equal to the ratio          appointed by each institution .
between the number of years pensionable service
 with which he is credited by the Community and the
 number of years of pensionable service forfeited by                                  CHAPTER 2
 him in his country of origin.
                                                                                     Final provisions
4.     Save in the event of death or where Article 41
 and 50 is applied, an official who leaves before the                                  Article 110
 age of sixty-five years shall not be so credited.
                                                                The general provisions for giving effect to these Staff
5.     On the death of an official to whom the                  Regulations shall be adopted by each institutionj after
provisions of the preceding paragraphs apply, the               consulting its Staff Committee and the Staff
 total number of years of pensionable service with              Regulations Committee provided for in Article 10 .
 which he would have been credited if he had attained
the age of sixty-five years shall be credited forthwith         All such general provisions all rules adopted by
 to those entitled under him for purposes of                    agreement between the institutions shall be brought
 calculation of their pension rights.                           to the attention of the staff.
 ---pagebreak--- 160                                    Official Journal of the European Communities
                                                            ANNEX I
              A. Types of post and corresponding career brackets in each category and in the Language
                                 Service as provided for in Article 5 (4) of the Staff Regulations
              B. Basic posts and corresponding career brackets of officials in. the scientific and technical
              services of the Joint Nuclear Research Centre of the European Atomic Energy Community, as
                                       provided for in Article 92 of the Staff Regulations
             ,A. TYPES OF POST AND CORRESPONDING CAREER BRACKETS IN EACH CATEGORY
                 AND IN THE LANGUAGE SERVICES AS PROVIDED FOR IN ARTICLE 5 (4) OF THE
                 STAFF REGULATIONS
Category A                                                            Category D
   A 1    Director-General                                                D 1       Head of Unit
   A 2    Director                                                        D 2
                                                                                    Skilled Employee
   A 3    Head of Division                                                D 3
                                                                                    Skilled Worker
   A 4                                                                    D 4       Unskilled Employee
          Principal Administrator                                                   Unskilled Worker
   A 5
   A 6
          Administrator
   A 7
                                                                     Language Service
   A 8    Assistant Administrator
                                                                          L/A 3        Head of Translation
                                                                                       Division
                                                                                       Head of Interpretation
                                                                                       Division
Category B
                                                                          L/A 4        Head of Translation
                                                                                       Division
   B 1    Principal Administrative Assistant                                           Head of Interpretation
   B 2 1                                                                               Division
        r Senior Administrative Assistant                                              Head of
   B3 J                                                                                Interpretation or
                                                                                       Translation Section
   B4]
       f Administrative Assistant                                         L/A 4
   B 5                                                                                 Reviser1
                                                                          L/A 5
                                                                          L/A 5        Translator
                                                                          L/A 6        Interpreter
Category C
                                                                          L/A 7        Assistant Translator
   C 1    Executive Secretary                                             L/A 8        Assistant Interpreter
          Principal Secretary
          Principal clerical officer
   C 2
          Secretary/Shorthand-typist
   C 3    Clerical Officer .
   C 4
          Typist                                                     1 As applied to the interpretation service, this career bracket covers duties
          Clerical Assistant                                           which involve qualifications and responsibilities similar to those of a
   C 5                                                                 reviser in the translation service.
 ---pagebreak---                                    Official Journal of the European Communities                                          161
               B. BASIC POSTS AND CORRESPONDING CAREER BRACKETS OF OFFICIALS IN THE
                  SCIENTIFIC AND TECHNICAL SERVICES OF THE JOINT NUCLEAR RESEARCH
                   CENTRE OF THE EUROPEAN ATOMIC ENERGY COMMUNITY, AS PROVIDED FOR
                  IN ARTICLE 92 OF THE STAFF REGULATIONS
Category A                                                    Category C
Administrative and advisory staff                             ( a) Office staff
     A 1   Director General                                        C 1
     A 2   Director                                                C 2
                                                                         • Draughtsman
     A 3   Head of Division                                        C 3
     A 4   Principal Scientific or                                 C 4
           Technical Officer
                                                              (b) Workshop staff
     A 5                                                               C 1      Master Craftsman
     A 6                                                           C 2
           Scientific or
     A 7   Technical Officer
                                                                   C 3
                                                                         ■ Craftsman
     A 8                                                           C 4
                                                                   C 5 J
                                                              ( c) Laboratory staff
Category B                                                         C 1      Chief Laboratory
( a) Design Office Staff                                                    Attendant
                                                                   C 2 "
     ® 1 I Draughtsman —
     g 2 I Section leader                                          C 3
                                                                         • Laboratory Attendant
     B 2                                                           C 4
           Designer
     B 3                                                           C 5
                                                                   C 3      Laboratory Technician
( b) Laboratory staff                                                       (By way of derogation from Article 62 of the
                                                                            Staff Regulations , the scale of remuneration for
     ® 1 I Chief laboratory                                                 Laboratory Technicians appointed to Grade C 3
     g 2 f technician                                                       goes up to Step 4 only)
                                                              Category D
     B 3   Laboratory Technician
           (By way of derogation from Article 62 of           ( a) Office staff
     B 4   the Staff Regulations , Laboratory Tech­                D 1      Senior Reprographic Operative
           nicians appointed to Grade B 5 receive
     B 5
           remuneration on the scale for Grade C 2)                D 2 I Reprographic Assistant
                                                                   D 3 J Filing Clerk
( c) Manufacturing workshop staff                             (b) Transport and handling staff
     B 1 1                                                         D 1 1
           Work superintendent                                           f Chargehand
     B 2                                                           D2J
     B 2                                                           D 3
           Workshop supervisor                                           f Labourer
     B 3                                                           D4J
     B 2                                                      ( c) Laboratory staff
     B 3    Planner                                                D 1
                                                                          • Laboratory Assistant
     B 4                                                           D 2
     B 3                                                            D 3 1
            Foreman                                                       f Laboratory Cleaner
     B 4                                                            D4J
 ---pagebreak--- 162                                     Official Journal of the European Communities
                                                           ANNEX 11
                  Composition and procedure of the bodies provided for in Article 9 of the Staff Regulations
                                                          CONTENTS
                                                                                               Article      Page
                Section 1 : Staff Committee                                                       1          162
                Section 2 : Joint Committee                                                       2-3        162
                Section 3 : Disciplinary Board                                                    4-6        162
                Section 4 : Invalidity Committee                                                  7-9        163
                Section 5 : Reports Committee                                                    10-11       163
                          Section 1                                                          Article 3
                       STAFF COMMITTEE                             The Joint Committee shall meet when convened by the
                                                                   appointing authority or at the request of the Staff .
                            Article 1                              Committee.
                                                                   The proceedings of the Committee shall be valid only if
The Staff Committee shall comprise the members thereof,            all full members or, in their absence, their alternates are
together with their alternates, if any, elected each year by       present.
secret ballot, in accordance with rules laid down by the
generai meeting of the officials of each institution. Every        The chairman of the Committee shall not vote save on
official of the institution shall be entitled to vote and to       questions of procedure.
stand for election .
                                                                   The Committee shall deliver its opinion within the period
Membership of the Staff Committee shall be such as to              laid down by its chairman ; this period shall not be less
ensure the representation of all categories of officials and       than ten days.
of all services provided for in Article 5 of the Staff
Regulations and also of the servants referred to in the first      The opinion shall be communicated in writing to the
paragraph of Article 7 of the Conditions of Employment             appointing authority and to the Staff Committee within
of Other Servants of the Communities. Elections shall be           five days of its adoption.
valid only if not less than two thirds of the total number
of officials and of such other servants of the institution as      Any member of the Committee may require that his views
are entitled to vote take part.                                    be recorded in the opinion.
The duties undertaken by members of. the Staff                                             Section 3
Committee shall be deemed to be part of their normal
service in their institution .
                                                                                       DISCIPLINARY BOARD
                          Section 2                                                            Article 4
                       JOINT COMMITTEE                             The Disciplinary Board or Boards shall consist of a
                                                                   chairman and four members. They shall be assisted by a
                            Article 2                              secretary. ■
The Joint Committee or Committees shall consist of:                                           Article 5
— a chairman appointed each year by the appointing                 1 . The appointing authority shall each year appoint the
    authority ;                                                    chairmen of the Disciplinary Boards. These chairmen shall
— members and alternates appointed at the same time in             in no circumstances also be members of the Joint
    equal numbers by the appointing authority and by the           Committee or of the Reports Committee.
    Staff Committee.
                                                                   The appointing authority shall also draw up a list for
An alternate shall sit on the Committee only in the                each Board containing, if possible, the. names of two
absence of the member.                                             officials from each grade in each category.
 ---pagebreak---                                           Official Journal of the European Communities                                         163
  The Staff Committee shall at the same time transmit a               — one appointed by common accord of the first two
  like list to the appointing authority.                                  doctors .
  2. Within five days of receipt of a report initiating
                                                                                                  Article 8
  either disciplinary proceedings or the procedure provided
  for in Article 22 or Article 51 of the Staff Regulations, the
  chairman of the Disciplinary Board shall, in the presence           Expenses incurred in connection with the proceedings of
  of the official concerned, draw lots from among the                 the Invalidity Committee shall borne by the institution
  names in the above-mentioned lists to decide which four             to which the official concerned belongs.
  members shall constitute the Board, two being drawn                 Where the doctor appointed by the official concerned is
  from each list.
                                                                      resident elsewhere than at the place where the official is
  Members of the Disciplinary Board shall not be of a                 employed, the official shall bear the cost of the additional
  lower grade than that of the official whose case the Board          fees entailed, with the exception of first-class travel
  is to consider.                                                     expenses, which shall be refunded by the institution.
  The     chairman    shall  inform    each   member   of   the
  composition of. the Board.                                                                      Article 9
  3 . Within five days of the formation of the Disciplinary           The official may submit to the Invalidity Committee any
  Board, the official charged may make objection in respect           reports or certificates from his regular doctor or from any
  of any of its members other than the chairman.                      other medical practitioners whom he may have consulted.
  Within the same period any member of the Disciplinary               The     Invalidity     Committee's    conclusions  shall  be
  Board may ask to be excused from serving, provided he               communicated to the appointing authority and to the
                                                                      official concerned.
  has legitimate grounds.
                                                                      The proceedings of the Committee shall be secret.
  The chairman of the Disciplinary Board shall, by drawing
  lots, fill any vacancies arising.
                             Article 6                                                          Section 5
                                                                                             REPORTS COMMITTEE
  Members of the Disciplinary Board shall be completely
  independent in the performance of their duties.
                                                                                                 Article 10
  The proceedings of the Board shall be secret.
                                                                      Members of the Reports Committee shall be appointed
                                                                      each year by the appointing authority from among senior
                                                                      officials of the institution . The Committee shall elect its
                            Section 4
                                                                      chairman . Members of the Joint Committee shall not be
                                                                      members of the Reports Committee.
                      INVALIDITY COMMITTEE '
                                                                      Where the Committee is called upon to make a
                                                                      recommendation concerning an official whose immediate
                             Article 7                                superior is a member of the Committee, that member
                                                                      shall not take part in the consideration of his case.
  The Invalidity Committee shall consist of three doctors
 — one appointed by the President of the Court of Justice
      of the European Communities ;                                                              Article 11
 — one appointed by the official concerned ; and                      The proceedings of the Reports Committee shall be secret.
                                                             ANNEX 111
                                                            Competitions
                             Article 1                                The notice shall state :
  1 . Notice of competitions shall be drawn up by the               . (a) the nature of the competition (open competition,
  appointing authority after consulting the Joint Committee                competition internal to a single Community or to all
. and the head of the department or departments                            three European Communities, competition internal to
  concerned .                                                              an institution );
 ---pagebreak---  164                                     Official Journal of the European Communities
(b) the kind of competition (whether on the basis of                The Selection Board may, for certain tests, be assisted by
    either qualifications or tests, or of both qualifications       one or more examiners serving in an advisory capacity.
     and tests);
                                                                    Members of the Selection Board shall be chosen from
(c) the type of duties and tasks involved in the posts to be        officials whose grade is at least equal to that of the post
     filled ;                                                       to be filled.
(d) the       diplomas  and     other   evidence   of  formal
     qualifications or the degree of experience required for                                   Article 4
     the posts to be filled,
(e) where the competition is on the basis of tests, what            The appointing authority shall draw up a list of
     kind they will be and how they will be marked;                 candidates who satisfy the conditions laid down in Article
                                                                    28 (a), (b) and (c) of the Staff Regulations and shall send
(f) where applicable, the knowledge of languages                    it, together with the candidates' files, to the chairman of
     required in view of the special nature of the posts to         the Selection Board .
    be filled;
(g) the age limit, and any extension of the age limit in the
    case of servants of the Communities who , have                                             Article 5
     completed not less than one year's service;
                                                                    After examining these files, the Selection Board shall draw
(h) the closing date for applications ;                             up a list of candidates who meet the requirements set out
(i) any exceptions pursuant to Article 28 (a) of the Staff          in the notice of competition.
     Regulations.
                                                                    Where the competition is on the . basis of tests, all
                                                                    candidates on the. list shall be admitted to the tests.
2. Notice of open competitions shall be published in
the Official Journal of the European Communities not less           Where the competition is on the basis of qualifications,
than one month before the closing date for applications             the Selection Board . shall, after determining how
and, where applicable, not less than two months before              candidates' qualifications are to be assessed, consider the
the date of the tests.                                              qualifications of the candidates appearing on the list
                                                                    provided for in the first paragraph .
3.    All competitions shall be advertised within the .             Where the competition is on the basis of both tests and
institutions of the three European Communities, the same            qualifications, the Selection Board shall state which of the
time limits being observed.                                         candidates on the list shall be admitted to the tests .
                                                                    On completion of its proceedings, the Selection Board
                             Article 2                              shall draw up the list of suitable candidates provided for
                                                                    in Article 30 of the Staff Regulations ; the list shall
Candidates shall complete a form prescribed by the                  wherever possible contain at least twice as many names as
appointing authority.                                               the number of posts to be filled.
They may be required to furnish additional documents or             The    Selection  Board    shall  forward   this  list  to the
information .                                                       appointing authority, together with a reasoned report by
                                                                    the Selection Board including any comments its members
                                                                    may wish to make.
                             Article 3
                                                                                               Article 6
The Selection Board shall consist of a chairman, one or
more persons appointed by the appointing authority and '
an official appointed by the Staff Committee.                       The proceedings of the Selection Board shall be secret.
                                                           ANNEX IV
                                    Allowance under Articles 41 and 50 of the Staff Regulations
                           Sole Article                              (b) for a period varying with his age and length of service
                                                                         in accordance with the table shown in paragraph 3, to
1.    An official to whom Article 41 or Article 50 of the                a monthly allowance equal to:
Staff Regulations is applied shall be entitled:                          — 85% of his basic salary from the fourth to the
                                                                             sixth month ;
(a) for three months, to a monthly allowance equal to his                — 70% of his basic salary for the next five years;
     basic salary;                                                       — 60% of his basic salary thereafter.
 ---pagebreak---                                          Official Journal of the European Communities                                         165
 The allowance shall cease from the day on which the                 3 . The period for which the official is to receive the
 official reaches the age of sixty years.                            allowance provided for in Article 41 or 50 the Staff
                                                                     Regulations shall be determined by multiplying his length
                                                                     of service by the appropriate percentage for his age as
 2. The provisions of this Annex shall be reviewed ten               shown in the following table; this period shall, where
years after the Staff Regulations enter into force.                  requisite be rounded off to the month next below.
                    Age           %           Age         %          Age            %           Age            %
                    20           18           30        33            40          48            50            63
                    21           19-5         31        34-5          41          49-5          51            64­ 5
                    22           21           32        36            42          51            52            66
                    23           22-5         33        37-5         43           52-5          53            67­ 5
                    24           24           34        39            44          54            54            69
                    25           25-5         35        40-5          45          55-5          55            70­ 5
                    26          27            36        42            46          57            56            72
                    27           28-5         37        43-5          47          58-5          57            73­ 5
                    28           30           38        45            48          60            58            75
                    29           31-5         39        46-5          49          61-5          59            76­ 5
                                                            ANNEX V
                                                              Leave
                                                           CONTENTS
                                                                                                      Article      Page
                Section 1 : Annual leave                                                               1-5         165
                Section 2 : Special leave                                                                6         166
                Section 3 : Travelling time                                                             7          166
                           Section 1                                extended by the duration of his incapacity, subject to
                                                                    production of a medical certificate.
                        ANNUAL LEAVE
                                                                                               Article 4
                            Article 1
                                                                    Where an official, for reasons other than the requirements
In the year in which an official enters or leaves the               of the service, has not used up all his annual leave before
service, he shall be entitled to two working days' leave per        the end of the current calendar year, the amount of leave
complete month of service, to two working days for an               which may be carried over to the following year shall not
incomplete month consisting of more than fifteen days               exceed twelve days.
and to one working day for an incomplete month of
fifteen days or less.                                               "Where an official at the time of leaving the service has not
                                                                    used up      all his   annual leave, he shall       be paid
                                                                    compensation equal to one-thirtieth of his monthly
                            Article 2                               remuneration at the time of leaving the service for each
Annual leave may be taken all at once or in several                 day's leave due to him.
periods as desired by the official and according to the             A sum calculated in the manner provided for in the
requirements of the service. It must, however, include at           preceding paragraph shall be deducted from payment due
least one period of two consecutive weeks. An official              to an official who at the time of leaving the service has
entering the service shall be granted annual leave only             drawn annual leave in excess of his entitlement up to that
after completing three months' duty; leave may be                   date:
approved earlier than this in exceptional cases for reasons
duly substantiated.                                                                           Article 5
                            Article 3                               Where an official is recalled to duty for service reasons
                                                                    while on annual leave or has had his leave cancelled, any
If, during annual leave, an official contracts an illness           costs incurred by him shall be reimbursed, subject to
which would have prevented him from attending for duty              production of appropriate evidence, and travelling time
if he had not been on leave, his annual leave shall be              shall be granted afresh.
 ---pagebreak---  166                                  Official Journal of the European Communities
                         Section 2                                                         Section 3
                                                                                       T RAVELLING TIME
                       SPECIAL LEAVE
                                                                                            Article 7
                          Article 6
                                                                 To the period of leave provided for in Sections 1 and 2
 In addition to annual leave, an official may, on                above shall be added travelling time based on the distance
application, be granted special leave. In particular, in the     by rail between the place of leave and the place of
following cases special leave shall be granted as shown :        employment, calculated as follows :
                                                                 — 50 to 250 km : half a day for the outward-and-return
— marriage of the official: four days;                               journey ;
                                                                 — 251 to 600 km : one day for the outward-and-return
— change of residence of the official : up to two days ;             journey ;
— serious illness of spouse: up to three days ;                  — 601 to 1000 km : two days for the outward-and-return
                                                                     journey ;
— death of spouse: four days;                                    — 1001        to   1400 km:        three     days    for   the
                                                                     outward-and-return journey ;
— serious illness of a relative in the ascending line: two
    days;                                                        — more than 1400 km :                four    days    for   the
                                                                     outward-and-return journey.
— death of a relative in the ascending line : two days ;         Special exceptions may be granted on application by the
                                                                 official concerned on production of evidence that the
— birth or marriage of a child : two days ;                      outward-and-return journey cannot be completed in the
                                                                 time allowed .
— serious illness of a child: up to two days ;
                                                                 For the purposes of this Article, the place of leave in
— death of a child : four days ;                                 respect of annual leave is the official's place of origin.
                                                          ANNEX VI
                                      Compensatory leave and remuneration for overtime
                          Article 1                              (c) To qualify for compensatory leave or remuneration
                                                                 for one hour's overtime, the extra time worked must have
Within the limits laid down in Article 56 of the Staff           been more than thirty minutes.
Regulations, overtime worked by an official in Category
C or D shall entitle him to compensatory leave or to                                        Article 2
remuneration as follows :
                                                                 If an official is travelling on mission, the time taken to
(a)    For each hour of overtime, he shall be entitled to        reach the place of assignment shall not be treated as
one hour off as compensatory leave ; if the hour of              overtime for the purposes of this Annex. As regards hours
overtime is worked between 2200 hours and 0700 hours
                                                                 worked at the place of assignment in excess of the normal
or on a Sunday or on a public holiday, the entitlement to        number of working hours, compensatory leave or
compensatory leave shall be one hour and a half; in the          remuneration, as the case may be, may be allowed by
granting of compensatory leave, account shall be taken of        decision of the appointing authority.
the requirements of the service and the preference of the
official concerned .
                                                                                            Article 3
(b) "Where the requirements of the service do not
permit compensatory leave to be taken during the month           Notwithstanding the foregoing provisions of this Annex
following that during which the overtime was worked, the         remuneration for overtime worked by certain groups of
appointing authority shall authorise remuneration for            officials in categories C and D in special conditions may
uncompensated hours of overtime at the rate of 0-72% of          be paid in the form of a fixed allowance *the amount and
the monthly basic salary for each hour of overtime on the        terms of which shall be determined by the appointing
basis set out in subparagraph (a).                               authority after consulting the Joint Committee.
 ---pagebreak---                                         Official Journal of the European Communities                                        167
                                                          ANNEX Vll
                                          Remuneration and reimbursement of expenses
                                                          CONTENTS
                                                                                                 Article         Page
               Section 1 : Family allowances                                                      1-3            167 '
               Section 2 : Expatriation allowance                                                   4            168
               Section 3 : Reimbursement of expenses
                           A — Installation allowance                                               5            168
                           B — Resettlement allowance                                               6            168
                           C — Travel expenses                                                    7-8            169
                           D — Removal expenses                                                     9            170
                           E — Daily subsistence allowance                                         10            170
                           F — Mission expenses                                                  11-13           171
                           G — Fixed reimbursement of expenses                                   14-15           173
               Section 4 : Payment of sums due                                                   16-17           173
                         Section      1                                  who, while not fulfilling the conditions laid down in
                                                                         subparagraphs (a) and (b), nevertheless assumes,
                     FAMILY ALLOWANCES                                   because      of    exceptional      circumstances,  the
                                                                         responsibilities of a head of household and whose
                           Article 1
                                                                         spouse is not in receipt of a similar allowance.
1.    An official who is a head of household shall receive
a head of household allowance equal to 5% of his basic                                         Article 2
salary or Bfrs 625 per month, whichever is the greater.
                                                                    1 . An official who has one or more dependent children
2.    If the spouse of an official is gainfully employed, the       shall, in accordance with paragraphs 2 and 3, receive an
official who is a head of household shall not receive this
                                                                    allowance of Bfrs 1000 per month for each dependent
allowance save by special decision of the appointing                child .
authority. The official shall, however, be entitled to the
allowance where either the basic annual salary of the
official who is a head of household is less than Bfrs               2.      'Dependent child' means legitimate, natural or
200 000 or the net annual income from the spouse's                  adopted child of an official, or of his spouse, who is
employment is not more than Bfrs 100 000 .                          actually being maintained by the official .
3.    'Head of household' means :                                   3.      The allowance shall be granted :
(a) a married male official, or a married female official
                                                                    ( a) automatically for children under eighteen years of age;
     whose husband is unable to engage in gainful
     employment owing to invalidity or serious illness;             (b) on application, with supporting evidence, by the
(b) an official of either sex who is widowed, divorced or                official for children between eighteen and twenty-five
     unmarried and has one or more dependent children                    years of age who are receiving education or vocational
     within the meaning of Article 2 (2) and (3 ) below ;                training.
(c) by special decision of the appointing authority, a
     married female official, living apart from her husband,        4. Any person whom the official has a legal
     who has one or more dependent children within the              responsibility to maintain and whose maintenance
     meaning of Article 2 (2) and (3 ) below;                       involves heavy expenditure may, exceptionally, be treated
                                                                    as if he were a dependent child by special reasoned
(d) by special reasoned decision of the appointing                  decision of the appointing authority, based on supporting
     authority, based on supporting documents, an official           documents .
 ---pagebreak--- 168                                      Official Journal of the European Communities
5.      Payment of the allowance in respect of a child                                       Section 3
prevented by serious illness or invalidity from earning a
livelihood shall continue throughout the period of that                             REIMBURSEMENT OF EXPENSES
illness or invalidity, irrespective of age. •
                                                                                      A. Installation allowance
6. Not more than one dependent child allowance shall
be paid in respect of any one dependent child within the
meaning of this Article, even where the parents are in the                                     Article 5
service of two different institutions of the three European
Communities .                                                       1 . An installation allowance equal to two months' basic
                                                                    salary in the case of an official who is a head of
                                                                    household or to one month's basic salary in other cases
                             Article 3 .                            shall be paid to an established official who qualifies for
                                                                    expatriation allowance or who furnishes evidence of
An official shall receive an education allowance equal to           having been obliged- to change his place of residence in
the actual education costs incurred by him up to a                  order to comply with Article 20 of the Staff Regulations.
maximum of Bfrs 900 per month for- each dependent child
within the meaning of Article 2 (2) who is in regular               2.    An installation allowance of the same amount shall
full-time attendance at an educational establishment.
                                                                    be paid to any official who is transferred to a new place
Entitlement to this allowance shall commence on the first           of employment and is thereby obliged to change his place
day of the month in which the child reaches the age of six          of residence in order to comply with Article 20 of the
 years and shall cease at the end of the month in which the         Staff Regulations.
child reaches the age of twenty-one years.
                                                                    3 . The installation allowance shall be calculated by
                                                                    reference to the official's marital status and salary either
                                                                    on the effective date of his establishment or on the date of
                           Section 2                                his transfer to a new place of employment.
                     EXPATRIATION ALLOWANCE                         The installation allowance shall be paid on production of
                                                                    documents establishing the fact that the official, together
                                                                    with his family if he is a head of household , has settled at
                             Article 4
                                                                    the place where he is employed .
 1.     An expatriation allowance equal to 16% of the basic
salary shall be paid :                                              4.    An official who is a head of household and does not
                                                                    settle with his family at the place where he is employed
 ( a) to officials :                                                shall receive only half the allowance to which he would
                                                                    otherwise be entitled ; the second half shall be paid when
      — who are not and have never been nationals of the            his family settles at the place where he is employed,
          State in whose European territory the place where         provided that it does so within the periods laid down in
          they are employed is situated, and                        Article 9 (3). Where the official is transferred to the place
      — who during the five years ending _six months                where his family resides before his family has settled at
          before they entered the service did not habitually        the place where he is employed, he shall not thereby be
                                                                    entitled to an installation allowance.
          reside or carry on their main occupation within
          the European territory of that State. For the
          purposes of this provision, circumstances arising         5.    An    established   official  who   has   received   an
          from work done for another State or for an                installation allowance and who voluntarily leaves the
          international organisation shall not be taken into        service of the Communities within two years from the
          account ;                                                 date of entering it shall, on leaving the service, refund
                                                                    part of the allowance, in proportion to the unexpired
 (b) to officials who are or have been nationals of the             portion of that two-year period.
      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                                B. Resettlement allowance
      habitually resided outside the European territory of
      that State for reasons other than the performance of                                     Article 6
       duties in the service of a State or of an international
       organisation.                                                1.    An established official who received an installation
                                                                    allowance shall be entitled on termination of service to a
2.      In cases where, under the foregoing provisions, a           resettlement allowance equal to two months' basic salary
husband and wife employed .in the service of the three              in the case of an official who is a head of household or to
European Communities are both entitled to expatriation              one month's basic salary in other cases, provided that he
 allowance, this shall be payable only to the person whose          has completed four years of service and does not receive a
 basic salary is the higher.                                         similar allowance in his new employment.
 3.     An official who marries a person who at the date of         For the purpose of calculating his service, account shall be
 marriage does not qualify for the allowance shall forfeit          taken of years spent in any administrative status listed in
 the right to expatriation allowance unless that official           Article 35 of the Staff Regulations other than leave on
  thereby becomes a head of household.                              personal grounds.
 ---pagebreak---                                         Official Journal of the European Communities                                           169
 This minimum period shall not apply in the case of                — where the journey includes not less than six hours of
 retirement in the interests of the service .                          night travel between 2200 hours and 0700 hours,
                                                                       sleeping accommodation up to the cost of tourist class
 2. In the event of the death of an established official,              or couchette, on production of the relevant ticket.
 the resettlement allowance shall be paid to the widow or,
 in the case of a female official, to the widower provided         Where a means of transport other than that mentioned
 he satisfies the requirements of Article 23 of Annex VIII         above is used, calculation of reimbursement shall be based
 to the Staff Regulations or, in the absence of such persons,      on the cost by rail in the appropriate class, excluding
 to the dependants within the meaning of Article 2 above,          sleeping accommodation . Where calculation on this basis
even if the requirement as to length of service laid down          is not possible., the terms of reimbursement shall be
 in paragraph 1 is not satisfied .                                 determined by special decision of the appointing
                                                                   authority.
3 . The " resettlement allowance shall be calculated by
reference to the official's marital status and salary at the       An official's place of origin shall be determined when he
date of termination of service.                                    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
 4. The resettlement allowance shall be paid against               appointing authority be changed while the official is in
 evidence that the official and his family, or, where the          service or when he leaves the service. While he is in
 official has died, his family only, have resettled at a place     service, however, such decision shall be taken only
situated not less than 70 km from the place where the              exceptionally and on production by the official of
 official was employed.                                            appropriate supporting evidence.
 Resettlement of an official or of the family of a deceased        The effect of such a change shall not however be such as
official shall take place within three years of the date of        to recognize as the centre of the official's interests, a place
termination of his service .                                       outside   the  territories of the    Member     States  of the
                                                                   Communities or of the countries and territories listed in
This time limit shall not apply as against persons entitled        Annex IV to the Treaty establishing the European
under him who can prove that they were unaware of the              Economic Community.
foregoing provisions .
                                                                                              Article 8
                      C. Travel expenses
                                                                   1.    An official shall be entitled to be paid once in each
                             Article 7                             calendar year a sum equivalent to the cost of travel from
                                                                   the place where he is employed to his place of origin as
1.     An official shall be entitled to reimbursement of           defined in Article 7 for himself and, if he is a head of
travel expenses for himself, his spouse and his dependents        household, for his spouse and dependants within the
actually living in his household:                                 meaning of Article 2.
(a) on taking up his appointment, from the place where            Where      an  official   marries  and  is   for   that  reason
      he was recruited to the place where he is-employed ;        recognised as being a head of household, the travel
                                                                   expenses payable for the spouse shall be calculated in
(b) on termination of service within the meaning of                proportion to the period from the date of the marriage to
      Article 47 of the Staff Regulations, from the place         the end of the year.
      where he is employed to the place of origin as defined
      in paragraph 3 below;                                       Any alteration to the basis of calculation which may arise
(c) on any transfer involving a change in the place where         from changes in family status after the date of payment of
      he is employed.                                             the" sums in question shall not render the official
                                                                  concerrfed liable to make repayment.
In the event of the death of an official , the widow and
dependants shall be entitled to reimbursement of travel           Travel expenses for children aged four to ten years shall
expenses under the same conditions.                                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
Travel expenses shall also include the cost of seat
                                                                  year .
reservations, transport of luggage and, where applicable,
hotel expenses necessarily incurred .
                                                                  2. The flat-rate payment shall be based on the cost of a
2.     The basis for the calculation of reimbursement shall       first-class return ticket by rail in the case of officials in
be :                                                              Categories A and B and in the Language Service and of a
                                                                  second-class return ticket in the case of other officials .
— the shortest and most economical standard route by              Where calculation on this basis is not possible, the terms
     rail between the place of employment and the place of        of payment shall be fixed by special decision of the
     recruitment or origin ;                                      appointing authority.
— first-class fare for officials in Categories A and B and        For officials in Categories A and B and in the Language
     in the Language Service; second-class fare for other         Service, Bfrs 750 shall be deducted from the aggregate
     officials;                                                   amount calculated as above.
 ---pagebreak--- 170                                        Official Journal of the European Communities
3.    An official whose service is terminated in the course            2.     On termination of service or on the death of an
of a calendar year for any reason other than death or who              official, the expenses incurred in respect of removal from
is on leave on personal grounds during part of the year                the place where he was employed to his place of origin
shall, if he is in active employment in the service of an              shall be reimbursed .
institution of the three European Communities for less
than nine months of that year, be entitled only to part of             Where the deceased official was unmarried, the expenses
                                                                       shall be reimbursed to those entitled under him. -
the payment provided for in paragraph 1, calculated in
proportion to the time spent in active employment.
                                                                       3 . In the case of an established official, removal shall be
                                                                       effected within one year of the end of his probationary
                                                                       period.
                       D. Removal expenses
                                                                       On termination of service, removal shall be effected
                                                                       within three years as provided in the second
                             Article 9                                 subparagraph of Article 6 (4).
1 . The expenses incurred in respect of removal of                     Removal expenses arising after the expiry of the time
furniture and personal effects, including the cost of                  limits set out above shall be reimbursed only in
insurance against ordinary risks (breakage, theft, fire),              exceptional cases and by special decision of the
shall be reimbursed to an official who is obliged to                    appointing authority.
change his place of residence in order to comply with
Article 20 of the Staff Regulations and who has not been                                 E. Daily subsistence allowance
reimbursed in respect of the same expenses from another
source. Such reimbursement shall not exceed the amount                                                 Article 10
of an estimate approved in advance. Not less than two
estimates shall be submitted to the appropriate                         1.    Where an official furnishes evidence that he cannot
departments of the institution, which may, if they consider1            continue to reside in his own home and has aot removed
the estimates to be excessive, select another removal firm .            to the place where he is employed, he shall be entitled for
In the latter case, entitlement to reimbursement may be.                not more than twelve months to a daily subsistence
limited to the amount of that firm 's estimate.                         allowance calculated as follows :
                                                                              Head of household         Not head of household
                                                                           1st to 15th  From 16th      1st to 15th  From 16th
                               Place of employment            Grade
                                                                               day          day            day         day
                                                                                          Bfrs per calendar day
                   I.      Brussels, Milan, Paris,      A 1 to A 3 and
                           Rome, Strasbourg and               L/A 3            550          250      '     375         175
                           towns in Germany with
                           more than
                           1 000 000 inhabitants           A 4 to A 8
                                                        L/ A 4 to L/A 8        525          225            350         150
                                                             Cat. B
                                                         Cat. C and D          450          200            300         125
                  II .     Bonn and towns in            A 1 to A 3 and
                           Germany with more                  L/A 3            475          225            325         150
                           than 600 000
                           inhabitants ; Vienna,
                           Luxembourg ; other              A 4 to A 8
                                                        L/A 4 to L/A 8         450          200            300         125
                           places in Belgium,
                           France and Italy                  Cat. B
                                                         Cat. C and D          375          175            250         100
                 III .     Other places in               A 1 to A 3 and
                           Germany and Austria ;              L/A 3            450        . 200            300         125
                           places in the
                           Netherlands
                                                           A 4 to A 8
                                                        L /A 4 to L/A 8        425          175    .       275         100
                                                             Cat. B
                                                          Cat. C and D         350          150            225 .        90
 ---pagebreak---                                         Official Journal of the European Communities                                          171
2.     Where an official has drawn daily subsistence                                          Article 12
 allowance for more than four months and then removes,
his entitlement to the installation allowance under Article        1.     Travel expenses for officials on mission shall coyer
5 shall be reduced :                                               the cost of rail transport by the shortest route, first class
                                                                   for officials in Categories A and B and in the Language
— by 30% of the aggregate daily subsistence allowance              Service and second class for other officials .
     received by him since the end of the fourth month in
     the case of an official who is not a head of household ,      Where an outward and return journey of 800 km or more
                                                                   is involved, officials in Categories C and D shall be
— by 20% of the aggregate daily subsistence allowance as           entitled to reimbursement of the first-class rail fare in
     above in the case of an official who is a head of             respect of the foregoing expenses.
     household .
                                                                   By decision of the appointing authority, officials in
However, the installation allowance shall not be less than :       Categories C and D travelling on mission involving an
                                                                   outward and return journey of less than 800 km shall be
— Bfrs 5000 in the case of an official who is a head of            entitled to reimbursement of the first-class rail fare, when
     household,                                                    accompanying a member of the institution or an official
                                                                   who is travelling first class.
:— Bfrs 3000 in the case of an official who is not a head
     of household .                                                Travel expenses shall also include :
                                                                   — the cost of seat reservations and transport of necessary
3 . Where an official does not remove to the place                     luggage;
where he is employed although he is authorised to do so,
his entitlement to daily subsistence allowance shall not           — supplements for special fast trains (reimbursed against
exceed the total amount to which he would have been                    production of special tickets where these are issued);
entitled if he had removed .
                                                                   — supplements for sleeping accommodation (reimbursed
The appointing authority shall in such case determine the              against production of sleeper tickets) where the
maximum amount to which the official is entitled ,                     journey includes not less than six hours of night travel
applying Article 9 for the purpose of estimating removal               between 2200 hours and 0700 hours :
expenses .
                                                                   — in a single sleeper or, if not available, special sleeper
                                                                       for officials in Grades A1 to A3 and L/A3 ;
4. The limits specified in paragraphs 1 and 3 and the
reduction specified in paragraph 2 shall not apply to an           — in a double sleeper for other officials ;
official who, in the opinion of the appointing authority,          — where the train to be taken does not have sleeping
has been unable to remove.
                                                                       accommodation of the category specified for officials
                                                                       below Grades A3 and L/A3 , reimbursement shall, with
5. The daily subsistence allowance provided for in                     the consent of the appropriate authority, correspond to
paragraph 1 shall be reduced by half during any period                 the category immediately above or to single sleeper if
when the official receives the daily subsistence allowance             that is the only category of sleeping accommodation
for officials on mission provided for in Article 13.                   available .
                                                                   2. An official may be authorised to travel by air. In
                     F. Mission expenses                           such case reimbursement may be made against production
                                                                   of luxury-class or first-class tickets for officials in Grades
                           Article 11                              A1    to  A3    and  L/A3    and   of  tickets  for   the class
                                                                   immediately below for other officials.
1.     An official travelling on mission and holding an            By decision of the appointing authority, officials in grades
appropriate travel order shall ' be entitled to
                                                                   below A3 and L/A3 accompanying a member of the
reimbursement of travel expenses and to daily subsistence
allowance in accordance with the following provisions.             institution or officials of a higher grade on a given
                                                                   mission may, on production of tickets, be reimbursed the
An official who receives a differential allowance under            cost of the journey in the same class as that used by the
Article 7 (2) of the Staff Regulations shall be entitled to        most senior member or official for that journey.
reimbursement of travel expenses and to daily subsistence
allowance payable to an official in his acting grade.              By special decision of the appointing authority, an official
                                                                   may be authorised to take luggage in excess of the free
                                                                   allowance .
2 . The travel order shall state the probable duration of
the mission, on the basis of which shall be calculated any
advance which the official may draw against subsistence            3 . For journeys by sea the class of travel shall be
allowance. Save where a special decision is taken, no              determined in each case by the appointing authority.
advance shall be payable where the mission is not
expected to involve an absence of more than twenty-four            An official travelling by sea shall receive, instead of the
hours and is to be carried out in a country using the same         daily subsistence allowance provided for in Article 13, an
currency as that used in the place where the official is           allowance of Bfrs 150 per twenty-four hour period of \the
employed.                                                          journey.
 ---pagebreak---  172                                         Official Journal of the European Communities
4. An official may be authorised to use his own car on                            An official authorised to use his own car shall remain
a given mission, provided that the duration of the mission                        fully liable for any accidents to his car or to third parties;
is not thereby increased .                                                        he must in possession of an insurance policy covering civil
                                                                                  liability up to an amount , considered adequate by the
Reimbursement of travel expenses shall in that case be                            appointing authority.
calculated on the standard basis prescribed in paragraph 1 .
In the case of an official travelling regularly on mission in
special circumstances, however, the appointing authority                                                        Article 13
may decide to grant that official an allowance per
kilometre covered instead of reimbursement of rail fares,
if the use of public transport and reimbursement of travel                        1 . The daily subsistence allowance for officials on
expenses on the normal basis involve definite                                     mission shall be paid on the following scale, expressed in
disadvantages.                                                                    Belgian francs :
                                                                                                 Rate
                                                                      I                           II                       III
                               Mission in :
                                                             Grades Al to A3              Grades A4 to A 8 ,
                                                                 and L/A3
                                                                                            L/ A4 to L/A8              Other grades
                                                                                           and Category B
               Germany,1 Austria , 1
                Netherlands                                          450                         600                      500
               Belgium,1 France,1
               Italy,1 Luxembourg,
               United Kingdom ,1
               Switzerland1                                          500                         650                      550
                Other countries                                            To be determined on each occasion
               1 In the case of missions to Berlin, Bonn, Brussels , Diisseldorf, Frankfurt-on-Main , Geneva, London,
                 Milan, Munich, Paris, Rome, Strasbourg or Vienna, the daily subsistence rates set out in Column I
                 shall be increased by Bfrs 50 and those in Columns II and III by Bfrs 100 .
2.    In addition to the rates set out in Column I of the                         ( a) Mission of twenty-four hours or less :
foregoing scale, the hotel bill covering room, service and
                                                                                       — six      hours      or less :  reimbursement of actual
taxes, but excluding breakfast, shall be reimbursed. Where
a hotel bill is not produced, a fixed sum of Bfrs 175 shall                                 expenses up to a quarter of the daily subsistence
be paid' to the official, except where he has incurred                                      allowance ;
sleeper costs reimbursable by the Community which he                                   — twelve hours or less, but more than six hours : half
serves or has not had to spend the night away from the                                      the daily subsistence allowance;
place where he is employed.
                                                                                       — twenty-four hours or less, but more than twelve
Where a hotel bill is produced, the appointing authority                                    hours : a whole day's subsistence allowance.
may reduce the amount claimed if it considers the
expenditure incurred by the official to be excessive.                             (b) Mission of more than twenty-four hours :
                                                                                       — for each period of twenty-four hours : a whole
3.    The subsistence rates set out in Columns II and III
                                                                                            day's subsistence allowance;
shall be reduced by Bfrs 200 and Bfrs 175 respectively for
any day's absence on mission, reckoned in accordance                                   — for any further period of six hours or less: no
with paragraph 5, during which the official has incurred                                    subistence allowance ;
sleeper costs reimbursable by the Community which he
serves .
                                                                                       — for any further period of twelve hours or less, but
                                                                                            more than six hours : half the daily subsistence
                                                                                            allowance;
4.    The same deductions shall be made where the
official has not had to spend the night away from the                                  — for any further period of more than twelve hours:
place where he is employed.                                                               ' a whole day's subsistence allowance.
5.    Subject to paragraphs 3 and 4, daily subsistence                            6.    The daily subsistence allowance for officials on
allowance for officials on mission shall be calculated in                         mission shall be considered to cover all expenditure
accordance with the following rules :                                             incurred by the official, including local travel at the place
 ---pagebreak---                                       Official Journal of the European Communities                                        173
of mission, save for the expenses mentioned below, which                                 Section 4
shall be reimbursed against supporting documents :
                                                                                    PAYMENT OF SUMS DUE
(a) cost of inland trunk or international telephone calls
     where incurred for official purposes ;
                                                                                           Article 16
(b) entertainment expenses in cases covered by Article 14;
                                                                 1 . Payment of remuneration to officials shall be made
(c) exceptional expenditure necessarily incurred for the         on the fifteenth day of each month for the month then
    purposes of the mission, either on receipt of special        current. The amount of remuneration shall be rounded off
     instructions or on account of force majeure and in the      to the nearest Belgian franc above.
     interests of the institution, and resulting in
     disbursement out of reasonable proportion to the
     allowance provided.                                         2. Where remuneration is not due in respect of a
                                                                 complete month, the amount shall be divided into
7. Where the mission is expected to last for at least            thirtieths, and
four weeks in the same place and the official concerned          (a) where the actual number of days payable is fifteen or
has been so advised before departure, subsistence rates               less, the number of thirtieths due shall equal the
may be reduced by one quarter.                                        actual number of days payable;
Such reduction may be decided on during the course of            (b) where the actual number of days payable is more than
the mission ; in such case it shall take effect not less than         fifteen, the number of thirtieths due shall equal the
eight days after the official concerned has been notified             difference between the actual number of days not
thereof, provided that there remain not less than four                payable and thirty.
weeks of mission to be completed, reckoned from the date
of notification .
                                                                 3 . Where entitlement to family allowances and
8. Where an official on mission has a meal provided or
                                                                 expatriation allowance commences after the date of
reimbursed by the institution to which he is attached:           entering the service, the official shall receive these from
                                                                 the first day of the month in which such entitlement
(a) he shall declare it;                                         commences . On cessation of such entitlement the official
                                                                 shall receive the sum due up to the last day of the month
(b) his daily subsistence allowance for mission shall be         in which entitlement ceases .
     reduced by Bfrs 150.
                                                                                           Article 17
             G. Fixed reimbursement of expenses
                          Article 14
                                                                 1 . Payment shall be made to each official at the place
                                                                 and .in the currency of the country where he carries out
                                                                 his duties .
1 . Officials who, by reason of their duties, regularly
incur entertainment expenses may be granted a fixed rate         2. An official may regularly transfer part of his
allowance by the appointing authority, which shall               emoluments, up to a maximum amount equal to his
determine the amount thereof.
                                                                 expatriation allowance, through the institution which he
                                                                 serves :
In special cases, the appointing authority may in addition
decide that part of the cost of accommodation for the            — either in the currency of the Member State of the
officials concerned also be borne by the institution.                Communities of which he is a national ;
2.     In the case of officials who, as a result of special      — or in the currency of the Member State of the
                                                                     Communities in which either his own domicile or the
instructions, occasionally incur entertainment expenses for
official purposes, the amount of the entertainment                   place of residence of a dependent relative is located.
allowance shall be determined in each instance on the
                                                                 Regular transfers in excess of the maximum stated above
basis of supporting documents and on terms to be laid            may be effected only where they are intended to cover
down by the appointing authority.
                                                                 expenditure arising in particular out of commitments
                                                                 proved to have been regularly entered into by the official
                          Article 15                             outside the country where the institution has its seat or
                                                                 where he carries out his duties .
By decision of the appointing authority, officials in
Grades Al and A2 who do not have an official car at              3 . Apart from these regular transfers, an official shall
their disposal may receive a fixed allowance not exceeding       not be authorised to transfer sums which he may desire to
Bfrs 36 000 a year to cover normal travel within the             have available in the above-mentioned currencies save in
boundaries of the town where they are employed.                  very exceptional circumstances and for good reasons
                                                                 supported by evidence.
The allowance may, by reasoned decision of the
 appointing authority, be granted to an official whose           4. Transfers provided for in paragraphs 2 and 3 shall be
duties constantly require him to make journeys for which         made at the official exchange rate ruling on the date of
he is authorised to use his own car.                             transfer.
 ---pagebreak---  174                                    Official Journal of the European Communities
                                                           ANNEX Vlll
                                                          Pension scheme
                                                           CONTENTS
                                                                                        '         Article         Page
               Chapter 1 : General provisions                                                        1            174
               Chapter 2 : Retirement pension and severance grant                                                  174
                            Section 1 : Retirement pension                                         2-11            174
                            Section 2 : Severance grant          -.                                 12             176
               Chapter 3 : Invalidity pension                                                     13-16            176
               Chapter 4 : Survivor's pension                             :                       17-29            176
               Chapter 5 : Provisional pensions                                                   30-33            178
               Chapter 6 : Pension increases in respect of dependent children                     34-35            178
               Chapter 7-: Section 1 : Funding of the pension scheme                              36-39            179
                            Section 2 : Calculation of1 pension                                   40—44            179
                            Section 3 : Payment of benefits                                       45-47            179
               Chapter 8 : Transitional provisions                                                48-51            180
                        CHAPTER 1                                                             CHAPTER 2
                      General provisions                                       Retirement pension and severance grant
                           Article 1                                                          Section      1
1.    Where the medical examination made before an                                        RETIREMENT PENSION
official takes up his duties shows that he is suffering from
sickness or invalidity, the appointing authority may, in so                                     Article 2
far as risks arising from such sickness or invalidity are
concerned, decide to admit that official to guaranteed               A retirement pension shall be payable on the basis of the
benefits in respect of invalidity or death only after a              total number of years of pensionable service acquired by
period of five years from the date of his entering the               the official. Each year of service reckoned as provided in .
service of the Communities.
                                                                     Article 3 shall entitle him to one year of pensioi^able
                                                                     service and each complete month' to one-twelfth of a year
The official may appeal against such decision to the                 of pensionable service.
Invalidity Committee.
                                                                     The maximum number of years of pensionable service
                                                                     which may be taken into account for the calculation of
2. An official on 'leave for military service' shall cease           retirement pension , rights shall be thirty-three.
to benefit from the guarantees in respect of invalidity or
death arising directly from an accident sustained, or
sickness contracted, by reason of the military service. The                                     Article 3
foregoing provisions shall not affect the entitlement of
survivors to pension on the basis of rights acquired by the          For the purpose of calculating years of pensionable service
official on the date when he is placed on 'leave for                 within the meaning of Article 2, the following shall be
military service'.                                                   taken into account:
 ---pagebreak---                                        Official Journal of the European Communities                                         175
(a) the period of service as an official of one of the                                        Article 7
     institutions of the three European Communities in one
     of the administrative statuses set out in Article 35 ( a),   The actuarial equivalent of the retirement pension shall
     (b) and (e) of the Staff Regulations;                        not be less than the amount which the official would have
                                                                  received if Article 12 had been applied to him.
(b) periods of entitlement to the allowance under Articles
     41 and 50 of the Staff Regulations, up to a maximum          Where the actuarial equivalent of the retirement pension
     of five years;                                               payable in accordance with the preceding provisions is
                                                                  less than this amount, the official shall receive a
(c) periods of service in any other capacity in accordance        retirement pension the actuarial equivalent of which shall
     with the Conditions of Employment of other Servants          be equal to the amount provided for in the preceding
     of the Communities,                                          paragraph.
provided that the servant concerned has paid his share of
the pension contribution in respect of such periods of                                        Article 8
service.
                                                                  'Actuarial equivalent of the retirement pension' means the
                                                                  capital value of the benefits accruing to the official,
                            Article 4                             calculated by reference to the latest mortality tables
                                                                  compiled by the budgetary authorities in accordance with
An official who after leaving the service of one of the           Article 39, the rate of interest applicable being 3-5% per
institutions takes up active employment again with his            annum .
institution or with another institution of the Communities
shall acquire further pension rights.
                                                                                              Article 9
He may request that, for the purpose of calculating his
retirement pension rights, the whole of his period of             An official leaving the service before reaching the age of
service in the three European Communities be taken into           sixty years may request that his retirement pension :
account, subject to his repaying any sums paid to him
pursuant to Article 12 or received by him by way of               — be deferred until the first day of the calendar month
retirement pension, plus compound interest at the rate of              following that in which he reaches the age of sixty; or
3-5% per annum.                                                   — be paid immediately, provided that he is not less than
                                                                       fifty years of age. In this case, the retirement pension
Where the official, being entitled to a retirement pension,            shall be reduced by an amount calculated by reference
does not repay the sums referred to in the preceding                   to the official's age when he starts to draw his pension,
paragraph, a capital sum representing the actuarial                    as shown in the following table:
equivalent of his retirement pension as at the date on
which such pension ceased to be paid to him, together
with compound interest at the rate of 3-5% per annum,              Pension payable on early retirement expressed in terms of
shall be paid to him in the form of a deferred retirement                  the pension payable on retirement at age of 60
pension payable at the age when he ceases to perform his
duties.
                                                                          Retirement at age                 Coefficient
                            Article 5
                                                                                  50                          0-50 678
Notwithstanding the provisions of Article 2, an official                          51                          0-53 834
who has less than thirty-three years of pensionable service                       52                         0-57 266
at the age of sixty years and who continues to acquire                            53                          0-61 009
pension rights under Article 3 shall, in respect of each                          54                         0-65 099
year of service between the age of sixty years and the age
when he begins to draw retirement pension, be entitled to
                                                                                  55                          0-69 582
an increase in pension equal to 5% of the amount of
pension rights acquired by him at the age of sixty years,                        'se                          0-74 508
provided that his total pension does not exceed 60% of                            57   .                      0-79 936
his average final salary, as defined in the third paragraph                       58                          0-85 937
 of Article 77 of the Staff Regulations.                                          59                          0-92 593
 Such increase shall likewise be payable in the event of
death of an official who has remained in the service after
 the age of sixty years.                                                                      Article 10
                                                                   The right to receive payment of retirement pension shall
                            Article 6                              have effect from the first day of the calendar month
                                                                   following that in which the official, whether automatically
 The minimum subsistence figure for the purpose of                 or at his own request, becomes eligible for that pension ;
 calculating pension benefits shall be 80% of the basic            he shall continue to receive his remuneration until his
salary of an official in Grade D4, step one.                       pension becomes payable.
 ---pagebreak---   176                                      Official Journal of the European Communities
                              Article 11                               (d) the total sum paid to the Community which he serves,
                                                                            in accordance with Article 11 (2), where that sum
 1.    An     official   who     leaves   the  service   of   the           corresponds to periods before the Staff Regulations
 Communities to enter the service of a government                           entered into force, and one-third of that sum in
 administration or a national or international organisation                 respect of periods beginning after the Staff
 which has concluded an agreement with the Communities                  . • Regulations entered into force, plus compound
shall be entitled to have the actuarial equivalent of his                   interest at the rate of 3-5% per annum.
retirement pension rights in the Community which he
 serves ' transferred to the pension fund of that
 administration or organisation.                                                                 CHAPTER 3
 2.    An official who enters the service of one of the                                       Invalidity pension
 Communities after leaving the service of a government
 administration       or   of   a    national  or   international
                                                                                                  Article 13
organisation or of an undertaking shall have the right, on
 becoming established with that Community, to pay to it
either :                                                              Subject to the provisions of Article 1 ( 1), an official aged
                                                                      less than sixty-five years who at any time during the
 — the actuarial equivalent of retirement pension rights              period in which he is acquiring pension rights is
     acquired by him in the government administration,                recognised by the Invalidity Committee to be suffering
     national or international organisation or undertaking;           from total permanent invalidity preventing him from
     or
                                                                      performing the duties corresponding to a post in his
— the sums repaid to him from the pension fund of the                 career bracket, and who is obliged on these grounds to
    government administration, organisation or undertak­              end his service with the Community which he serves, shall
     ing at the date of his leaving its service.                      be entitled, for so long as such incapacity persists, to an
                                                                      invalidity pension equal to 60% of his last basic salary
In such case the institution in which the official serves            before deductions.
shall, taking into account his grade on establishment,               Invalidity pension and retirement pension shall not be
determine the number of years of pensionable service with            paid concurrently.
which he shall be credited under its own pension scheme
in respect of the former period of service, on the basis of
the amount of the actuarial equivalent or sums repaid as                                          Article 14
aforesaid .
                                                                     The right to receive payment of invalidity pension shall
                                                                     have effect from the first day of the calendar month
                           Section 2                                 following       recognition    of   the   official's permanent
                                                                     incapacity to perform his duties.
                        SERVERANCE GRANT
                                                                     It shall cease at the end of the calendar month in which
                                                                     the official either ceases to satisfy the requirements for
                             Article 12                              payment of the pension or dies.
An official aged less than sixty years whose service
                                                                                                  Article 15
terminates otherwise than by reason of death or invalidity
and who is not entitled to a retirement pension and
cannot benefit from the provisions of Article 11 (1) shall           While an official drawing invalidity pension is aged less
be entitled on leaving the service to payment of:                    than sixty years, the institution may have him medically
                                                                     examined periodically to ascertain that he still satisfies the
(a) the sum standing to the credit of his account under              requirements for payment of the pension.
     the temporary joint provident scheme of the
     institutions of the Communities at the date when the
                                                                                                  Article 16
     Staff Regulations entered into force, plus compound
     interest at the rate of 3-5% per annum ;
                                                                     Where an official who has been drawing invalidity
(b) the aggregate amount deducted from his basic salary              pension is reinstated in his institution or in any other
     in respect of his pension contributions, plus                   institution of the Communities, the time during which he
     compound interest at the rate of 3-5% per annum ;               received invalidity pension shall be included for the
                                                                     purpose of calculating his retirement pension, without
(c) provided that he has not been removed from his post,             payment by him of arrears of contributions.
     a severance grant proportionate to his actual length of
     service since the Staff Regulations entered into force,
     calculated on the basis of one and a half months for                                       CHAPTER 4
     each year of service of the last basic salary before
     deductions. In cases covered by Article 11 (2), the
     period of former service shall likewise be deemed to                                     Survivor's pension
     be actual service, to the extent of the number of years
     of pensionable service which the official's institution                                      Article 17
     credited to him when these Staff Regulations entered
     into force, in accordance with the . second                     Where an official dies before starting to draw his pension
     subparagraph of Article 11 (2);                                 his widow shall be entitled, provided that she has been
 ---pagebreak---                                           Official Journal of the European Communities                                         177
married to him for at least one year at the time of his                                          Article 22
death and subject to the provisions of Article 1 ( 1 ) and
Article 22, to a widow's pension equal to 50% of the                 Where an official leaves a widow and also orphans of a
retirement pension which the official would have been                previous marriage or other persons entitled under him, the
paid if he had qualified, irrespective of length of service,         total pension, calculated as if for a widow having all these
for such pension at the time of death.                               persons dependent on her, shall be apportioned among
                                                                     the various persons concerned in proportion to the
The duration of the marriage shall not be taken into                 pensions which would have been payable to each category
account if there are one of more children of the marriage            of them if treated separately.
or of a previous marriage of the official provided that the
widow maintains or has maintained those children, or if              Where an official leaves orphans of different marriages,
the official's death resulted either from physical disability        the total pension, calculated as though all the children
or sickness contracted in the performance of his duties or           were of the same marriage, shall be apportioned among
from accident.                                                       the various persons concerned in proportion to the
                                                                     pensions which would have been payable to each category
                                                                     of them if treated separately.
                            Article 18
                                                                     For the purposes of calculating this apportionment,
Where a former official was in receipt of retirement                 children of a previous marriage of either spouse who are
pension his widow shall be entitled, provided that she had           recognised as dependants within the meaning of Article 2
been married to him for at least one year when he left the           of Annex VII to the Staff Regulations shall be included in
service of an institution, and subject to the provisions of          the category of children of the marriage to the official.
Article 22, to a widow's pension equal to 50% of the
retirement pension which he was receiving at the time of             In the case envisaged in the second paragraph, ascendants
his death.                                                           who are recognized as being dependants as provided in
                                                                     Article 2 of Annex VII to the Staff Regulations shall be
The duration of the marriage shall not be taken into                 treated in the same way as dependent children and, for
account if there are one or more children of a marriage              the purpose of calculating the apportionment, included in
contracted by the official before he left the service,               the category of descendants.
provided that the widow maintains or has maintained
those children.
                                                                                                 Article 23
                            Article 19                               The husband of a deceased female official may, provided
                                                                     that he has no income of his own and subject to evidence
Where a former official was in receipt of invalidity                 that at his wife's death he -was permanently incapacitated
pension his widow shall be entitled, provided that she was           by invalidity or serious illness from engaging in gainful
married to him when be became eligible for the pension,              employment, receive :
to a widow's pension equal to 50% of the invalidity                  — half , the retirement pension which the official would
pension which he was receiving at the time of his death.                  have been paid if she had qualified, irrespective of
                                                                          length of service, for such pension at the time of death,
                                                                          provided he had been married to her for at least one
                            Article 20                                    year at the time of her death; or
For purposes of Articles 18 and 19 the duration of the               — half the invalidity pension which the official was
marriage shall not be taken into account' where the                       receiving at the time of his death, provided he was
marriage, though contracted after termination of the                      married to her when she became eligible for invalidity
official's service, has lasted at least five years.                       pension .
                                                                     Payment of the pension shall cease if the surviving
                            Article 21                               husband remarries .
1 . The orphan's pension provided for in Article. 80 of              The duration of the marriage shall not be taken into
the Staff Regulations shall for the first orphan be equal to         account if there are one or more children of the marriage,
eight tenths of the survivor's pension to which the                  of if the official's death resulted either from physical
official's widow would have been entitled, the reductions            disability or illness contracted in the performance of her
set out in Article 25 being disregarded.                              duties or from an accident.
It shall not be less than 80% of the minimum subsistance
figure, subject to the provisions of Article 22.                                                 Article 24
2. The pension shall be increased, for each dependent                The right to receive payment of survivor's pension shall
child after the first, by an amount equal to twice the               have effect from the first day of the calendar month
dependent child allowance.                                           following that in which the official died. However, where
                                                                     the payment provided for in Article 70 of the Staff
3.    The     total  amount     of pension      and   allowance      Regulations is made on the official's death,' such right
calculated in this way shall be divided equally among the            shall take effect on the first day of the fourth month
orphans entitled.                                                     following that in which the official died.
 ---pagebreak--- 178                                   Official Journal of the European Communities
The right to receive payment of survivor's pension shall .                                  Article 29
cease at the end of the calendar month in which the •
recipient of the pension dies or ceases to satisfy the .          Where under • Article 42 the divorced wife ceases to be
requirements for payment of the pension.                          entitled to a pension, the total pension shall be payable to
                                                                  the widow, provided the second paragraph of Article 80
                                                                  of the Staff Regulations does not apply.
                         Article 25
Where the difference in age between the deceased official
                                                                                           CHAPTER 5
and his surviving spouse, less the length of time they have
been married, is more than ten years, the survivor's
pension, calculated in accordance with the preceding                                   Provisional pensions
provisions, shall be subject to a reduction, per full year of
difference, amounting to :                      ?                                           Article 30
— 1% for the years between ten and twenty;                        The spouse of persons recognised as dependants of an
— 2% for the years twenty up to but not including                 official in active employment whose whereabouts are
    twenty-five;                                                  unknown for more than one year may provisionally
                                                                  receive the survivor's pension to which they would be
— 3% for the years twenty-five up to but not including            entitled under this Annex.
    thirty;
— 4% for the years thirty up to but not including                                           Article 31
    thirty-five;
                                                                • The spouse or persons recognised as dependants of an
— 5% for the years from thirty-five upwards.                      official in receipt of retirement or invalidity pension
                                                                  whose whereabouts are unknown for more than one year
                                                                  may provisionally receive the survivor's pension to which
                          Article 26
                                                                  they would be entitled under this Annex.
A widow's entitlement to survivor's pension shall cease on
remarriage. She shall be entitled to immediate payment of                                   Article 32
a capital sum equal to twice the annual amount of her
survivor's pension, provided that the second paragraph of         The provisions of Article 31 shall apply to persons
Article 80 of the Staff Regulations does not apply.               recognised as a dependant of a person in receipt of or
                                                                  entitled to a survivor's pension whose whereabouts are
                         Article 27
                                                                  unknown for more than one year.
The divorced wife of an official shall be entitled on his                                   Article 33
death to a survivor's pension, as defined in this Chapter,
proyided that the court which pronounced the decree of
divorce found that the official was solely to blame. This         Provisional pensions under Articles 30, 31 and 32 shall be
entitlement shall cease if she remarries before her former        converted into definitive pensions when the death of the
husband dies. The provisions of Article 26 shall apply if         official or pensioner has been duly confirmed or he has
she remarries after her former husband dies .                     been legally declared missing, presumed dead.
                         Article 28                                                        CHAPTER 6
Where a divorced official who has remarried leaves a                    Pension increases in respect of dependent children
widow entitled to survivor's pension, that pension shall be
divided, in proportion to the duration of the marriages,
between the divorced wife if she has not remarried and
                                                                                            Article 34
the widow, if the court which pronounced the decree of
divorce found that the official was solely to blame. The          The provisions of the second paragraph of Article 81 of
amount to which the divorced wife is entitled if she has
not remarried shall not be more than the amount of the
                                                                  the Staff Regulations shall apply to persons in receipt of a
maintenance awarded to her under the decree.
                                                                  provisional pension.
                                                                  The benefit of the allowances provided for in Article 81
If any of the persons entitled to pension dies or renounces        of the Staff Regulations shall be restricted to persons who
her share, her share shall accrue to the shares of the other      were recognized as dependants of the official when he
persons, except where there are orphans' rights under the         started to draw his pension or at the time of his death or
second paragraph of Article 80 of the Staff Regulations.          who were born within 300 days of his death or of his
                                                                  leaving the service.
Reductions in respect of difference in age, as provided in
Article 25, shall be applied separately to pensions divided       The right to receive payment of the allowances provided
in accordance with this Article.                                  for under Article 81 of the Staff Regulations shall cease at
 ---pagebreak---                                         Official Journal of the European Communities                                       179
the end of the calendar month in which the child ceases            Article 83 (3 ) of the Staff Regulations, the institution in
to satisfy the requirements for payment of allowances for          which the official was serving at the date when his active
dependent children.                                                employment ended shall be responsible for calculating the
                                                                   amount of retirement, survivor's, invalidity or provisional
                                                                   pension. A detailed statement of the calculation shall be
                           Article 35                              communicated to the official or to those entitled under
                                                                   him, and to the institution designated by the budgetary
The award of a retirement, survivor's or invalidity                authorities as paying agency, at the same time as the
pension or of a provisional pension shall not entitle the          decision awarding the pension.
pensioner to a head of household allowance or
expatriation allowance.                                            A retirement, survivor's, invalidity or provisional pension
                                                                   shall not be paid concurrently with the salary payable by
                                                                   an institution of the three European Communities nor
                          CHAPTER 7                                with the allowance payable under Articles 41 and 50 of
                                                                   the Staff Regulations.
                          Sectionl
                                                                                             Article 41
              FUNDING OF THE PENSION SCHEME
                                                                   The amount of pension may at any time be calculated
                           Article 36                              afresh if there has been error or omission of any kind.
Salaries shall in all cases be subject to deduction of the         They shall be liable to modification or withdrawal if the
contribution to the pension scheme provided for in                 award was contrary to the provisions of the Staff
Articles 77 to 84 of the Staff Regulations.                        Regulations or of this Annex.
                           Article 37                                                        Article 42
An official on secondment shall continue to pay the                Where an official dies and those entitled under him do
contribution referred to in the preceding Article on the           not apply for their pension within one year from the date
basis of the salary carried by his step and grade. This shall      of his death, they shall lose their entitlement, save where
also apply, up to a maximum of five years as provided in           force majeure is duly established.
Article 3, to officials receiving the allowance provided for
in respect of non-active status or retirement in the
interests of the service.                                                                    Article 43
All benefits to which any such official or those entitled          An official or those entitled under him in favour of whom
under him may be entitled under this pension scheme                benefits arise under this pension scheme shall furnish such
shall be calculated on the basis of such salary.                   written proof as may be required and inform the
                                                                   institution referred to in the second paragraph of Article
                           Article 38                              45 of any facts liable to affect their entitlement.
Contributions properly deducted shall not be refunded .-                                     Article 44
Contributions wrongly deducted shall not confer the right
to receive a pension; they shall be reimbursed without
interest at the request of the official concerned or of those      Where an official has been deprived, in whole or in part,
entitled under him .                                               of his pension rights under Article 86 of the Staff
                                                                   Regulations, he shall be entitled to claim reimbursement
                                                                   in proportion to the amount by which his pension has
                           Article 39                              been reduced of the pension contributions he has paid. .
The budgetary authorities shall, after consulting , one or
more qualified actuaries and the Staff Regulations                                         Section       3
Committee provided for in Article 10 of Staff Regulations,
lay down mortality and invalidity tables and the assumed
                                                                                       PAYMENT OF BENEFITS
salary increases for use in calculating the actuarial values
provided for in the Staff Regulations and in this Annex.
                                                                                             Article 45
                          Section 2                                Benefits under this pension scheme shall be paid monthly
                                                                   in arrears .
                  CALCULATION OF PENSION                           These benefits shall, on behalf of the Community which
                                                                   the official served, be provided by the institution
                           Article 40                              designated by the budgetary authorities; no other
                                                                   institution may, under any description whatsoever, pay
Subject to the procedure to be determined by the                   out of its own funds benefits provided for under this
regulation to be made by agreement in accordance with              pension scheme.
 ---pagebreak---     180                                   Official Journal of the European Communities
   Beneficiaries may elect to have their pensions paid in the            amounts contributed by the official, together with the
   currency either of their country of origin or of their                corresponding amounts contributed by the institution,
   country of residence or of the country where the                      shall be ■ deemed to have been standing to the official's
   institution to which the official belonged has its seat; their        credit under the temporary provident scheme at the date
   choice shall remain operative for at least two years.                 of entry into force of these Staff Regulations.
   Where neither the country of origin no the country of
. residence is a country of the Community, benefits shall be                                       Article 49
   paid in the currency of the country where the institution
   referred to in the second paragraph has its seat.                     Where an official has exercised his option to withdraw
                                                                         from his account with the temporary joint provident
                                                                         scheme of the institutions of the Communities sums which
                             Article 46
                                                                        he was required to contribute in his country of origin in
                                                                         order to maintain his pension rights there, his pension
   Any sums due from an official to any of the Communities              rights shall, in respect of the period when he was a
   at the date when a benefit is payable under this pension             member of the temporary provident scheme, be reduced
   scheme shall be deducted from the amount of his benefit
                                                                        in proportion to the sums withdrawn from his account.
   or from the benefits payable to those entitled under him.
   The deduction may be spread over a number of months.                  The preceding paragraph shall not apply where an official
                                                                         has asked, within three months of the Staff Regulations
                                                                        being applied to him, ' to be allowed to repay those sums
                             Article 47                                 plus compound interest at the rate of 3-5% per annum.
   Where the invalidity or death of an official of a
   Community is caused by a third party, the rights of action                                      Article 50
   of the official or of those entitled under him against the
 . third party shall, within the limits of its obligations under         An official to whom the Staff Regulations are applied
   this pension scheme, vest in the Community concerned.                pursuant to the transitional provisions shall be entitled, if
                                                                        he leaves the service at the age of sixty-five years without
                                                                        having completed the ten years required under the first
                           CHAPTER 8                                    paragraph of Article 77 of the Staff Regulations, to opt for
                                                                        payment of a grant calculated in accordance with Article
                                                                        12 of this Annex or for a proportionately reduced pension
                      Transitional provisions                           calculated in accordance with the second paragraph of
                                                                        Article 77 of the Staff Regulations.
                            Article 48
   An official to whom the Staff Regulations are applied                                           Article 51
  pursuant to the transitional provisions shall be entitled to
  pension rights computed from the date of his joining the              This pension scheme shall apply to the widow of and
  temporary joint provident scheme of the institutions of               those entitled under any servant of the Communities who
  the Communities.                                                      died while in active employment before the entry into
                                                                        force of the Staff Regulations and to any servant of the
  If an official so requests, his pension rights shall,                 Communities who, before the entry into force of the Staff
  notwithstanding any provisions to the contrary in the                 Regulations, was suffering from total permanent invalidity
  Staff Regulations, be computed from the date on which he              within the meaning of Article 78 of the Staff Regulations,
  entered the service of an institution of one of the three             subject to the transfer to the Community which he served
  European Communities in any capacity whatever. Where                  of the amounts standing to his credit under the temporary
  during the whole or part of his previous service he had               joint provident scheme of the institutions of the
  not contributed under the provident scheme, he shall be               Communities. The Community which he served shall
  entitled, by payment in instalments, to buy in the pension            assume the liability for payment of the benefits provided
  rights for which he had been unable to contribute. The                for in this pension scheme.
                                                              ANNEX IX
                                                        Disciplinary proceedings
                             Article 1                                  complained of and, where appropriate, the circumstances
                                                                        in which they arose.
                                                                        The report shall be communicated to the chairman of the
  A report shall be submitted to the Disciplinary Board by              Disciplinary Board, who shall bring it to the attention of
  the appointing authority, stating clearly the facts                   the members of the Board and of the official charged.
 ---pagebreak---                                       Official Journal of the European Communities                                         181
                         Article 2                               and to the official concerned within one month of the
                                                                 date on which the matter was referred to the Board . The
On receipt of the report, the official charged shall have        time limit shall be three months where an inquiry has
the right to see his complete personal file and to take          been held on the instructions of the Board.
copies of all documents relevant to the proceedings.
                                                                 In the event of criminal proceedings, the Disciplinary
                                                                 Board may decide not to deliver its opinion until after the
                         Article 3                               court has given its decision.
                                                                 The appointing authority shall take its decision within
At the first meeting of the Disciplinary Board the               one month : it shall first hear the official concerned .
chairman shall appoint one of its members to prepare a
general report on the matter.
                                                                                            Article 8
                          Article 4
                                                                 The chairman of the Disciplinary Board shall not vote on
                                                                 matters before the Board save on procedural questions or
The official charged shall have not less than fifteen days       iri case of equality of votes.
from the date of receipt of the report initiating
disciplinary proceedings to prepare his defence.                 He shall ensure that the decisions of the Board are
                                                                 implemented and shall bring all relevant information and
When the official appears before the Disciplinary Board          documents to the attention of each of its members .
he shall have the right to submit observations in writing
or orally, to call witnesses and to be assisted in his
defence by a person of his own choice.                                                      Article 9
                                                                 The secretary shall keep minutes of meetings of the
                          Article 5
                                                                 Disciplinary Board .
The institution shall likewise have the right to call            Witnesses shall       sign   the   minute     recording  their
witnesses .                                                      depositions.
                                                                 The reasoned opinion provided for in Article 7 shall be
                          Article 6                              signed by all members of the Disciplinary Board.
If the Disciplinary Board requires further information
                                                                                            Article 10
concerning the facts complained of or the circumstances in
which they arose, it may order an inquiry in which each
                                                                 Costs incurred on the initiative of an official in the course
side can submit its case and reply to the case of the other
side .                                                           of disciplinary proceedings, in particular fees to a person
                                                                 chosen for his defense from outside the three European
The inquiry shall be conducted by the rapporteur. For the        Communities, shall be borne by the official where the
purposes of the inquiry, the Board may call for any              disciplinary proceedings result in any of the measures
documents relating to the matter before it.                      provided for under Article 86 (2) (c) to (g) of the Staff
                                                                 Regulations or where the procedure under Article 51 of
                                                                 the Staff Regulations results in dismissal for
                          Article 7                              incompetence.
After consideration of the documents submitted and
having regard to any statements made orally or in writing                                   Article 11
by the official concerned and by witnesses, and also to the
results of any inquiry undertaken, the Disciplinary Board        Where there are new facts which are supported by
shall, by majority vote, deliver a reasoned opinion on the       relevant evidence, disciplinary proceedings may be
disciplinary measure appropriate to the facts complained         reopened by the appointing authority on its own initiative
of and transmit the opinion to the appointing authority          or on application by the official concerned.
 ---pagebreak--- 182                         Official Journal of the European Communities
                 CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS
                                      OF THE COMMUNITIES
                                               CONTENTS
                                                                                Article Page
    TITLE I.     General provisions                                                 1—7  183
    TITLE II. Temporary staff
    Chapter 1 :   General provisions                                              8—10   184
    Chapter 2 :  Rights and obligations                                             11   185
    Chapter 3 :   Conditions of engagement                                       12—15   185
    Chapter 4 :   Working conditions         !                                   16—18   185
    Chapter 5 :   Remuneration and expenses                                      19—27   186
    Chapter 6:    Social security benefits
                  Section A : Sickness and accident insurance, social security
                               benefits                                          28—30   188
                  Section B :  Insurance against invalidity and death            31—38   188
                  Section C : Severance grant                                    39—40   189
                  Section D :  Funding of the social security scheme .           41—44   190
    Chapter 7:    Recovery of overpayments                                          45    190
    Chapter 8 :   Appeals                                                           46    190
    Chapter 9 :   Termination of employment                                      47—50    190
    TITLE III. Auxiliary staff                                                                \
    Chapter 1 :   General provisions                                             51—53    192
    Chapter 2 :   Rights and obligations                                            54    192
    Chapter 3 :   Conditions of engagement                                       55—56    193
    Chapter 4 :   Working conditions                                             57—60    193
    Chapter- 5 :  Remuneration and expenses                                      61—69    193
    Chapter 6:    Social security benefits                               ".....  70—71    194
    Chapter 7:    Recovery of overpayments            .■                            72    195
    Chapter 8 :   Appeals                                                           73    195
    Chapter 9 : Termination of employment . .,                                   74—78    195
    TITLE IV.     Local staff                                                    79-81    196
      f
    TITLE V.      Special advisers                                               82-83   196
 ---pagebreak---                                       Official Journal of the European Communities                                      183
                                                                                                  Article  Page
              TITLE VI. Establishment staff of the Joint Nuclear Research Centre
              Chapter 1 :   General provisions                                                      84—86   197
              Chapter 2 :   Rights and obligations                                                    87    197
              Chapter 3 :   Conditions of engagement                                                88—90   197
              Chapter 4:    Career                                                                  91-92   198
              Chapter 5 :   Working conditions                                                        93    198
              Chapter 6 :   Remuneration and social security benefits                               94—96   198
              Chapter 7:    Disciplinary proceedings and appeals                                      97    199
              Chapter 8 :   Termination of employment                                                 98    199
              TITLE VII.      Transitional provisions                                               99-100  199
              TITLE VIII. Final provisions                                                         102-103  200
                                                          TITLE I
                                                  GENERAL PROVISIONS
                          Article 1                                    of the institutions or organs of the Communities
                                                                       or the elected Chairman of one of the political
These Conditions of Employment shall apply to                          groups in the European Parliament.
servants engaged under contract by any of the
Communities . Such servants shall be :
                                                                                            Article 3
— temporary staff,
                                                                 For the purposes of these Conditions of Employment,
— auxiliary staff,                                               ' auxiliary staff' means :
— local staff,                                                   ( a) staff engaged, within the limits set in Article 52,
— special advisers, or                                                for the performance of full-time or part-time
                                                                       duties in an institution but not assigned to a post
— establishment staff of the Joint Nuclear Research                   included in the list of posts appended to the
     Centre of the European Atomic Energy                              section of the budget relating to that institution;
     Community.
                                                                 ( b) staff engaged, after the possibilities of temporary
                                                                       posting of officials within the institution have
                          Article 2
                                                                       been examined, to replace certain persons who
                                                                       are unable for the time being to perform their
For the purposes of these Conditions of Employment,                    duties, namely :
' temporary staff' means :
                                                                      ■— officials or temporary staff in Category B, C
( a) staff engaged to fill a post which is included in                     or D or in the Language Service ;
     the list of posts appended to the section of the
      budget relating to each institution and which the
                                                                      — exceptionally, officials or temporary staff in
                                                                           Category A, other than those in Grade A1 or
      budgetary     authorities have classified as
                                                                           A2, occupying a highly specialised post;
      temporary ;
                                                                 such staff are paid from the total appropriations for
(b) staff engaged to fill temporarily a permanent post           the purpose under the section of the budget relating
     included in the list of posts appended to the               to the institution .
     section of the budget relating to each institution ;
(c) staff, other than officials of the Communities,                                        Article 4
     engaged to assist either a person holding an
     office provided for in the Treaties establishing            For the purposes of these Conditions of Employment,
     the Communities, or the elected President of one            'local staff' means engaged according to local practice
 ---pagebreak--- 184                                 Official Journal of the European Communities
for manual or service duties, assigned to a post not           appropriations for the purpose under the section of
included in the list of posts appended to the section          the budget relating to the institution which he serves.
of the budget relating to each institution and paid
from the total appropriations for the purpose under
that section of the budget.                                                               Article 6
For the purposes of these Conditions of Employment,            Each institution shall determine who shall be
^member of the establishment staff of the Joint                authorised to conclude the contracts referred to in
Research Centre (JRC) of the European Atomic                   Article 1 .
Energy Community' means a person residing at the
time of his engagement in the country or in close              The provisions of the second paragraph of Article 1
proximity to the place where his • duties are to be            and of the second paragraph of Article 2 of the Staff
performed for the JRC, or a person treated as such             Regulations shall apply by analogy. .
under Article 95 , who is engaged to fill a permanent
post in Category C or D as defined in Article 5 of the
 Staff Regulations and in Annex I to the Staff                                            Article 7
 Regulations .
                                                                A servant whose contract is for more than one year
                                                                or for an indefinite period shall be entitled to vote in
                         Article S                              elections    and    stand   for   election to the  Staff
                                                                Committee provided for in Article 9 of the Staff
 For the purposes of these Conditions of Employment,            Regulations .
 'special adviser' means a person who, by reason of
 his special qualifications and notwithstanding gainful         The Joint Committee provided for in Article 9 of the
 employment in some other capacity, is engaged to               Staff Regulations may be consulted by the institution
 assist one of the Communities either regularly or for          or by the Staff Committee on questions of a general
 a specified period and who is paid from the total              nature relating to servants to whom Article 1 applies .
                                                        TITLE II
                                                  TEMPORARY STAFF
                        CHAPTER 1                               this Title, vacant posts included in the list of posts
                                                                 appended to the section of the budget relating to
                     General provisions                          each institution .
                         Article 8
                                                                                          Article 10 '
 Temporary staff to whom Article 2 (a) applies may
 be engaged for a fixed or indefinite period.                   Article 5 ( 1 ), (2) and (4) and Article 7 of the Staff
                                                                Regulations, concerning the classification of posts in
 Temporary staff to whom Article 2 (b) applies shall            categories, services and grades and the assignment of
  not be engaged for more than two years, and their              officials to posts, shall apply by analogy.
  contracts may be renewed not more than once for a
  maximum period of one year. At the end of that time            The grade and step at which temporary staff are
  they shall no longer be employed as temporary staff.           engaged shall be stated in their contract.
  On the expiry of their contracts such servants may be
  assigned to established posts in the institution only if       Assignment of temporary staff to a post carrying a
  they are appointed as officials in accordance with the         higher grade than that at which they were engaged
  Staff Regulations.                                             shall be recorded in an agreement supplementary to
                                                                 their contract of service.
  Temporary staff to whom Article 2 (c) applies shall
  be engaged for an indefinite period.                           Articles 93 to 101 of the Staff Regulations and Annex
                                                                 IB to the Staff Regulations shall apply by analogy to
                                                                 temporary staff of the Commission of the European
                          Article 9
                                                                 Atomic Energy Community who occupy - posts in the
                                                                 field of nuclear science calling for scientific or
  Temporary staff shall not be engaged for any                   technical qualifications and who are paid from
  purpose other than that of filling, in accordance with         appropriations in the research and investment budget.
 ---pagebreak---                                       Official Journal of the European Communities                                      185
Temporary staff to whom the preceding paragraph                  ( c) he is physically fit to perform his duties ; and
applies shall be included in the maximum number
fixed in accordance with the second paragraph of                 (e) he produces evidence of a thorough knowledge of
Article 93 of the Staff Regulations.                                  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 .
                        CHAPTER 2
                    Rights and obligations                                                 Article 13
                          Article 11                             Before being engaged, a member of the temporary
                                                                 staff shall be medically examined by one of " the
Articles 11 to 26 of the Staff Regulations, concerning           institution's   medical     officers in  order    that the
the rights and obligations of officials, shall apply by          institution may be satisfied that he fulfils the
analogy, save for the second paragraph of Article 15 ,           requirements of Article 12 (2) (d).
which relates to officials elected to public office.
Any decision requiring damage suffered by the                                              Article 14
Communities as a result of serious misconduct to be
made good, as provided in Article 22 of the Staff                A member of the temporary staff may be required to
Regulations, shall be taken by the authority referred            serve a probationary period not exceeding six
to in the first paragraph of Article 6 after observing           months .
the formalities provided for in cases of ,dismissal for
serious misconduct.                                              On expiry of the probationary period, the
                                                                 employment of a servant whose capacity for the
Decisions relating to individual members of the                  work has not proved adequate shall be terminated. In
temporary staff shall be published as provided in the            such case, the servant shall receive compensation
second paragraph of Article 25 of the Staff                      equal to one-third of his basic salary for each
Regulations .                                                    complete month worked on probation .
                        CHAPTER 3                                                          Article IS
                 Conditions of engagement                        Temporary staff shall be graded initially in
                                                                 accordance with Article 32 of the Staff Regulations .
                          Article 12
                                                                 Where a member of the temporary staff is assigned to
1 . The engagement of temporary staff shall be                   a post corresponding to a higher grade, as provided
directed to securing for the institution the services of         in the third paragraph of Article 10, his grading shall
persons of the highest standard of ability, efficiency           be determined in accordance with Article 46 of the
and integrity, recruited on the broadest possible                Staff Regulations.
geographical basis from among nationals of Member
States of the Co mmunities .
                                                                                         CHAPTER 4
Temporary staff shall be selected without reference to
race, creed or sex.
                                                                                     Working conditions
2. A member of the temporary staff may be                                                  Article 16
 engaged only on condition that:
 ( a) he is a national of one of the Member States of            Articles 66 to 61 of the Staff Regulations, concerning
      the Communities, unless an exception is                    hours of work, overtime, leave and public holidays,
      authorised by the authority referred to in the first       shall apply by analogy.
      paragraph of Article 6, and enjoys his full rights         The paid sick leave provided for in Article 59 of the
      as a citizen;                                              Staff Regulations shall not, however, exceed the
 (b) he has fulfilled any obligations imposed on him             length of time, which must in any event be not less
      by the laws concerning military service ;                  than one month, worked by the servant. The leave
                                                                  shall not extend beyond the term of his contract.
  (c) he produces the appropriate character references
      as to his suitability for the performance of his           On expiry of these time limits, a servant whose
       duties ;.                                                  contract is not terminated, notwithstanding that he is
 ---pagebreak--- 186                                Official Journal of the European Communities
unable to resume his duties, shall be placed on                Articles 66, 67, 69 and 70 of the Staff Regulations,
unpaid leave.                                                  concerning basic salaries, family allowances,
                                                               expatriation allowance and payment in the event of
However, where a servant contracts an occupational             death shall apply by analogy.
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             A member of the temporary staff' who has been at ■
is incapable of working until such time as he is               one step in his grade" for two years shall
awarded an invalidity pension under Article 33 .               automatically advance to the next step in that grade.
                       Article 17                                                    Article 21
In exceptional circumstances a member of the                   Articles 1 , 2, 3 and 4 of Annex VII to the Staff
temporary staff may at his own request be granted              Regulations, concerning payment of family
unpaid leave on compelling personal grounds . The              allowances and expatriation allowance, shall apply
authority referred to in the first paragraph of Article        by analogy.
6 shall determine the length of such leave, which
shall not exceed one-quarter of the length of time
already worked by the servant or three months,                                        Article 22
whichever is the shorter.
Any period of leave granted in accordance with the             Subject to Articles 23 to 26, a member of the
preceding paragraph shall not count for purposes of            temporary staff shall be entitled, in accordance with
                                                               Articles   5  to  15  of    Annex      VII    to  the Staff
the application of the third paragraph of Article 20.
                                                               Regulations, to reimbursement of expenses incurred
                                                               by him on taking up appointment, transfer or leaving
                       Article 18                              the service, and also to reimbursement of expenses
                                                               incurred in the course of or in connection with the
A servant who is recalled to serve in the armed forces         performance of his duties .
and whose employment is not terminated under
Article 48 shall be placed on leave with full
remuneration, for a period equal to the length of time                               Article 23
worked by him, up to a maximum of three months.
At the end of this period he shall, for the remainder          A member of the temporary staff engaged for a fixed
of his service in the armed forces and up to a                 period of not less than twelve months, or deemed by
maximum of half the length of time worked by him,              the authority referred to in the first paragraph of
receive compensation equal to one third of his basic           Article 6 to be engaged for an equivalent period if his
salary. At the end of this further period the servant          contract is for an indefinite period, shall, as provided
shall be placed on unpaid leave.                               in Article 9 of Annex VII to the Staff Regulations, be
However, the payments provided for in the preceding .          entitled to reimbursement of his removal expenses.
paragraph shall be reduced by the amount of service
pay received by the servant concerned during the
relevant period.                                                                     Article 24
                      CHAPTER 5
                                                               1 . A member of the temporary staff engaged for a
                                                               fixed period of not less than one year, or deemed by
                                                               the authority referred to in the first paragraph of
               Remuneration and expenses                       Article 6 to be engaged for an equivalent period if his
                        Article 19
                                                               contract is for an indefinite period, shall receive an
                                                               installation allowance as provided in Article 5 of
The remuneration of temporary staff shall comprise             Annex VII to the Staff Regulations amounting, for an
                                                             . expected period of service of:
basic salary, family allowances and other allowances .
                        Article 20                             not less than one year but less than          , ,      , .,
                                                               ^                       „          i • j   of the rate laid
                                                               two years,              to one-third        ,      . . . ,
                                                                                                          down in Article
Articles 63 , 64 and 65 of the Staff Regulations ,             not less than two years but less, than 5 of Annex VII
concerning the currency in which remuneration is to            three years,           to two-thirds to the Staff Re­
be expressed and adjustments to such remuneration,                                       .... gulations
shall apply by analogy.                                        three years or more, to three-thirds
 ---pagebreak---                                        Official Journal of the European Communities                                       187
2. The resettlement allowance provided for in                       — Bfrs 5000 for a servant who is a head of
Article 6 of Annex VII to the Staff Regulations shall                    household ; and
be granted to temporary staff who have completed                    — Bfrs 3000 for a servant who is not a head of
four years' service. A servant who has completed                         household .
more than one year's but less than four years' service
shall receive a resettlement allowance proportionate
                                                                                                Article 25
to his length of service, incomplete years being
disregarded .
                                                                     1.    Where a member of the temporary staff
                                                                     furnishes evidence that he cannot continue to reside
                                                                    in his own home and has not removed to the place
3 . However, the installation allowance provided                     where he is employed, he shall be entitled for not
for in paragraph 1 and the resettlement allowance                    more than twelve months to a daily subsistence
provided for in paragraph 2 shall not be less than :                 allowance calculated as follows :
                                                                             Head of household | Not head of household
                                                                            1st to 15th From 16th   1st to 15th From 16th
                        Place of employment                  Grade
                                                                                day         day         day        day
                                                                                        Bfrs per calendar day
                                                    Al to A3 and L/A3          550         250         375         175
                I. Brussels, Milan, Paris, Rome,
                   Strasbourg and towns in            A4 to A8 L/A to
                   Germany with more than                L/A8 Cat. B           525         225         350         150
                   1 000 000 inhabitants
                                                        Cat. C and D           450         200         300         125
                                                     Al to A3 and L/A3         475         225         325         150
               II. Bonn and towns in Germany
                   with     more    than    600 000   A4 to A8 L/A4 to
                   inhabitants ; Vienna, Luxem­          L/A8 Cat. B           450         200         300         125
                   bourg; other places in Belgium,
                   France and Italy                     Cat. C and D           375         175         250         100
                                                     Al to A3 and L/A3         450         200         300         125'
              III. Other places in Germany and
                   Austria; places in the Nether­     A4 to A8 L/À4 to
                   lands                                  L/A8 Cat. B.         425         175         2 75       100
                                                         Cat. C and D          350         150         225          90
2.     Where a servant has drawn daily subsistence                   although he is authorised to do so, his entitlement to
allowance for more . than four months and then                      daily subsistence allowance shall not exceed the total
removes, his entitlement under Article 24 ( 1 ) shall be            amount to which he would have been entitled if he
reduced :                                                           had removed.
— by     30%     of   the    aggregate    daily  subsistence
    allowance received by him since the end of the                  The authority referred to in the first paragraph of
    fourth month in the case of a servant who is not a              Article 6 shall in such case determine the maximum
    head of household ;                                             amount to which the servant is entitled, applying
                                                                    Article 9 of Annex VII to the Staff Regulations for
— by 20%         of the aggregate daily subsistence                 the purpose of estimating removal expenses.
    allowance as above in the case of a servant who is
    a head of household .
                                                                    4. The limits specified in paragraphs 1 and 3 and
However, the installation allowance shall not be less               the reduction specified in paragraph 2 shall not apply
than :                                                              to a servant who, in the opinion of the authority
                                                                    referred to in the first paragraph -of Article 6, has
— Bfrs 5000 in the case of a servant who is a head of
                                                                    been unable to remove.
    household
— Bfrs 3000 in the case of a servant who is not a
    head of household                                               5 . The daily subsistence allowance provided for in
                                                                    paragraph 1 shall be reduced by half during any
                                                                    period when the servant receives the daily subsistence
3 . Where a member of the temporary staff does                      allowance for officials on mission provided for in
not remove to the place where he is employed                        Article 13 of Annex VII to the Staff Regulations.
 ---pagebreak--- 188                                 Official Journal of the European Communities
                      ■ Article 26                                                     Article 30
Article 8 of Annex VII to the Staff Regulations,               Article 76 of the Staff Regulations, concerning gifts,
concerning annual payment of travel expenses from              loans or advances, shall apply by analogy to tem­
place of employment to place of origin, shall apply            porary staff during the term of their contract or after
only to temporary staff who have completed not less            expiry of the contract where, as a result of serious
than nine months ' service .                                   illness contracted, or of an accident sustained, during
                                                               his employment, the servant is incapable of working
                                                               and proves that such illness or accident is not covered
                        Article 27                             by another social security scheme.
Articles  16 and 17 of Annex VII to the Staff
Regulations, concerning payment of sums due, shall                                   Section      B
apply by analogy.
                                                                       INSURANCE AGAINST INVALIDITY AND DEATH
                       CHAPTER 6
                 Social security benefits                                              Article 31
                     Section A                                 Temporary staff are insured in accordance with the
                                                               following provisions against the risk of death and of
                                                               invalidity occurring during their employment.
   SICKNESS AND ACCIDENT INSURANCE, SOCIAL SECURITY
                         BENEFITS
                                                               The payments and benefits provided for in this
                        Article 28                             Section shall be suspended if the remuneration which
                                                               a member of the Staff receives in respect of his
                                                               employment is suspended pursuant to these
Articles 72 and 73         of the Staff Regulations,
                                                               Conditions of Employment.
concerning sickness and accident cover, shall apply
by analogy to temporary staff during the period of
employment and sick leave; Article 72 of the Staff                                     Article 32
Regulations, concerning sickness cover, shall apply
by analogy to temporary staff in receipt of invalidity
pension or survivor's pension.                                 Where the medical examination           made before    a
                                                               servant is engaged shows that he is suiifering from
If, however, the medical examination provided for in           sickness or invalidity, the authority referred to in the
Article 13 show the servant to be suffering from               first paragraph of Article 6 may, in so far as risks
sickness or invalidity, the authority referred to in the       arising from such sickness or invalidity are
first paragraph of Article 6 may decide that expenses          concerned, decide to admit him to guaranteed
arising from such sickness or invalidity are to be             benefits in respect of invalidity or death only after a
excluded from the reimbursement of expenditure                 period of five years from the date of his entering the
                                                               service of the institution .
provided for in Article 72 of the Staff Regulations .
If a member of the temporary staff proves that he                                      Article 33
cannot obtain cover under another social ' security
scheme, he shall continue to benefit under the
sickness scheme, without being required to contribute          1 . A servant suffering from total invalidity who is
thereto, for a period of not more than sixty days after         obliged for that reason to leave the service of the
the expiry of his contract or while he is suffering            institution shall be entitled to an invalidity pension
from protracted serious illness contracted during his          equal to 60% of his last basic monthly salary. The
employment.                                                    pension shall not be less than 120% of the minimum
                                                                subsistence figure defined in Article 6 of Annex VIII
                                                                to the Staff Regulations. In the case of invalidity
                        Article 29                              deliberately brought about by the servant, the
                                                                authority referred to in the first paragraph of Article
Article 74 of the Staff Regulations, concerning the             6 may decide that he should receive only the grant
birth grant, and Article 75 of the Staff Regulations,           provided for in Article 39 .
concerning the assumption of liability by the
institution for the costs referred to therein, shall           The second paragraph of Article 36 shall apply to the
 apply by analogy.                                             recipient of an invalidity pension .
 ---pagebreak---                                     Official Journal of the European Communities                                    189
2. Invalidity shall be established by the Invalidity           A pension calculated in accordance with the two
Committee provided for in Article 9 of the Staff               preceding paragraphs may be granted by special
Regulations.                                                   decision of . the institution which employed the
                                                               servant to the husband of a deceased female servant
3 . Entitlement to an invalidity pension shall take            provided he satisfies the requirements of Article 23 of
effect on the day following that on which the servant's        Annex VIII to the Staff Regulations .
engagement is terminated pursuant to Articles 47
and 48 .
                                                                                      Article 37
4. The institution referred to in Article 43 may at            Where a servant or the recipient of an invalidity
any time require proof that the recipient of an                pension dies leaving no spouse entitled to a survivor's
invalidity pension still fulfils the conditions for            pension, the children deemed to be dependent on him
payment of that pension . Entitlement to pension shall         shall be entitled to orphan's pension in accordance
cease if the Invalidity Committee finds that those             with Article 80 of the Staff Regulations.
conditions are no longer fulfilled.
                                                               The same entitlement shall apply to children who
If a servant is not re-engaged by any of the three             fulfil the foregoing conditions in the event of death or
European Communities, he shall receive the grant               remarriage of a spouse who is the recipient of a
provided for in Article 39, calculated by reference to         survivor's pension .
his actual length of service.
                                                                                      Article 38
                       Article 34
                                                               In the case of divorce or where there is more than
The persons entitled under a deceased servant, as              one category of survivor who qualifies to claim a
defined in Chapter 4 of Annex VIII to the Staff                survivor's pension, such pension shall be apportioned
Regulations, shall be entitled to the survivor's               in manner provided in Chapter 4 of Annex VIII to
pension as provided in Articles 35 to 38 . The grant           the Staff Regulations.
provided for in Article 39 shall also be paid to them.
Where a servant dies leaving no survivors who are                                    SECTION     C
entitled to draw the survivor's pension, his heirs shall
be entitled to payment of the grant provided for in
Article 39 .                                                                       SEVERANCE GRANT
                                                                                      Article 39
                       Article 35
                                                               On leaving the service, a servant shall be entitled to
The right to receive payment of pension shall have             payment of a sum equal to 12% of the monthly
effect from the first day of the month following that          salary payments on which the contribution provided
in which death occurred or, where applicable, on the           for in Article 83      of the Staff Regulations was
first day of the month following the period which the          calculated during the period of his employment, plus
deceased's widow, orphans or dependants receive his            compound interest at the rate of 3-5% per annum.
emoluments under Article 70 of the Staff Regulations.
                                                               This grant shall be reduced by the amounts paid in
                       Article 36
                                                               pursuance of Article 42.
The widow of a servant shall be entitled to a widow 's                                Article 40
pension as provided in Chapter 4 of Annex VIII to
the Staff Regulations. The pension shall be equal to           If a servant is appointed an official of any of the
30% of the final basic monthly salary received by the          three European Communities, he shall not receive the
servant; it shall not be less than the minimum                 grant provided for in the first paragraph of Article 39 .
subsistence figure defined in Article 6 of Annex VIII
to the Staff Regulations.                                      Any period of service on the temporary staff of one
                                                               of the three European Communities shall be taken
A person drawing a widow's pension shall, where                into account for the purpose of calculating years of
applicable, be entitled to twice the amount of the             pensionable service as provided in Annex VIII to the
dependent child allowance.                                     Staff Regulations.
 ---pagebreak---  190                                 Official Journal of the European Communities
"Where a servant has exercised the option provided              A servant who is a member of this scheme and any
for in Article 42, his retirement pension rights shall          person drawing benefits under this scheme shall
be reduced proportionately in respect of the period in          furnish all supporting documents which may be.
which the sums were withdrawn .                                 considered necessary by the institution referred to in
                                                                Article 43 .
The preceding paragraph shall not apply to a servant
who, in the three months following application of the
Staff Regulations to him, has asked to be allowed to                                   CHAPTER 7
repay such sums plus compound interest at the rate
of 3-5% per annum .                                                             Recovery of overpayments
                                                                                        Article 45
                       Section D                                Any sum overpaid may be recovered if the recipient
                                                                was aware that there was no due reason for the
        FUNDING OF THE SOCIAL SECURITY SCHEME
                                                                payment or if the fact of the overpayment was
                                                                patently such that he could not have been unaware of
                                                                it.
                         Article 41
                                                                                       CHAPTER 8
As regards the funding of the social security scheme
provided for in Sections B and C, Article 83 of the                                      Appeals
 Staff Regulations shall apply by analogy.
                                                                                        Article 46
                         Article 42
                                                                Title VII of the Staff Regulations, concerning appeals,
                                                                shall apply by analogy."
In accordance with conditions to be laid down by the
institution, a servant may request the institution to
effect any payments which he is required to make in
                                                                                       CHAPTER 9
 order to constitute or maintain pension rights in his
 country of origin.
                                                                               Termination of employment
 Such payments shall not exceed 12% of his basic
 salary and shall be charged to the budget of the                                       Article 47
 Community out of which his salary is paid.
                                                                Apart from cessation on death, the employment of
                                                                temporary staff shall cease :
                         Article 43
                                                                1 . Where the contract is for a fixed period :
 The benefits specified in Sections B and C shall, on
 behalf of the Community which employed the                         ( a) on the date stated in the contract;
 servant, be provided by the institution designated by
 the budgetary authority ; no other institution may,                (b) at the end of the period of notice specified in
                                                                         the contract, where the latter contains a
 under any description whatsoever, pay the benefits
 out of its own funds .                                                  clause giving the servant or the institution the
                                                                         option to terminate earlier. Such period of
                                                                         notice shall be* not more than three months
                                                                         nor less than one month.          Contracts   of
                          Article 44
                                                                         servants recruited to occupy posts in Grade
                                                                         Al or A2 shall include such a clause;
 Article 82 of the Staff Regulations and Article 45 of
 Annex VIII thereto, cpncerning the payment of                      (c) at the end of the month in which the servant
 benefits, shall apply by analogy.                                       reaches the age of sixty-five years.
 Any sums due from a servant in respect of this                     If the institution terminates the contract, the
 scheme at the date when benefits become payable                    servant shall be entitled to compensation equal to
 shall be deducted from those benefits in accordance                one third of his basic salary for the period
 with conditions to be laid down by the institution                 between the date when his duties , end and the
 referred to :in Article 43 .                                       date when his contract expires.
 ---pagebreak---                                        Official Journal of the European Communities                                        191
2. Where the contract is for an indefinite period :                            Payments provided for above shall, however,
                                                                              be reduced by the amount of service pay
     (a) at the end of the period of notice stipulated in                     received by the servant concerned during the
           the contract; the length of the period of                           period of recall.
           notice shall not be less than two days for
           each completed month of service, subject to a                 (c) if the servant is elected to public office and
           minimum of fifteen days and a maximum of                           the authority referred to in the first paragraph
           three months. The period of notice shall not,                       of Article 6 considers such public office to be
           however, commence to run during maternity                          incompatible with the discharge of his normal
           leave or sick leave, provided such sick leave                       duties with the Community which he serves ;
           does not exceed three months . It shall,
           moreover, be suspended during maternity or                  ( d ) if the servant ceases to satisfy the requirements
           sick leave subject to the limits aforesaid ;
                                                                             of Article 12 (2) ( a) and ( d). However, if the
                                                                             servant ceases to satisfy the requirements of
     ( b ) at the end of the month in which the servant                      Article 12 (2) (d), his contract may be
           reaches the age of sixty-five years .                              terminated only in the cases covered by
                                                                               Article 33 ;
                           Article 48                                    (e) if the servant is unable to resume his duties at
                                                                               the end of a period of paid sick leave as
                                                                               provided for in Article 16. In such case the
Employment, whether for a fixed or for an indefinite                           servant shall receive an allowance equal to his
period :                                                                       basic salary plus family allowances at the rate
                                                                              of two days for each completed month of
1 . shall be terminated by the institution without                             service.
    notice if the servant is called to serve in the armed
    forces ;                                                                                  Article 49
2. may be terminated by the institution without                   1 . Employment may be terminated without notice
    notice :
                                                                  on disciplinary grounds in serious cases of failure of
     (a) at the end of the probationary period in                 temporary staff to comply with their obligations,
           accordance with the second paragraph of                whether intentionally or through negligence on their
           Article 14;                                            part. A reasoned decision shall be taken by the
                                                                  authority referred to in the first paragraph of Article
     (b) if the servant is recalled to serve in the armed         6, after the servant concerned has had an opportunity
           forces and his duties under his contract with          of submitting his defence.
           the institution were such that there is no
           prospect of re-employing him in his former             2. In such cases the authority referred to in the
            capacity when his period of service is over.          first paragraph of Article 6 may decide :
     In the latter case the servant concerned :                   ( a) to limit the severance grant provided for in
                                                                          Article 39 to repayment of the contribution
       (i) where his contract is for a fixed or for an                    provided for in Article 83 of the Staff
            indefinite period, shall receive an allowance                 Regulations, plus compound interest at the rate
            equal to his last basic salary, plus family                   of 3-5% per annum ;
           allowances, for a period equivalent to his
           length of service, up to a maximum of three            (b) to withhold in whole or in part the resettlement
            months ;                                                      allowance provided for in Article 24 (2).
     fii) where his contract is for a fixed period, shall                                     Article 50
 x          receive an allowance equal to one third of his
            last basic salary, plus family allowances, for        1.        The employment of a member of the temporary
            any period of recall in excess of the three           staff shall be terminated by the institution without
            months referred to in subparagraph (i); but           notice if the authority referred to in the first
           this further allowance shall not be paid for           paragraph of Article 6 finds :
            more than half • the length of service
            completed by the servant in excess of the              ( a) that at the time of his engagement he deliberately
            three months .                                                furnished false information        as  to either his
                                                                         professional ability or the requirements of Article
            Where the contract is for a fixed period, the                 12 (2); and
            period by reference to which this allowance is
           calculated shall not exceed the term of the            (b) that the false information furnished was a
            contract.                                                     determining factor in his being engaged.
 ---pagebreak---  1.92                                Official Journal of the European Communities
 2. In such case the authority referred to in the first         The servant shall then immediately cease to perform
 paragraph of Article 6 shall, after hearing the servant        his duties . The provisions of Article 49 (2) shall
 concerned, declare that his employment is terminated .         apply.
                                                         TITLE III
                                                   AUXILIARY STAFF
                        CHAPTER 1
                                                                    Cat.       Group                       Post
                     General provisions                              A      .'   I        Researcher with a high degree of
                                                                                          experience in one or more fields ;
                                                                                          Experienced reviser of translations ;
                                                                                          Interpreter with special experience.
                         Article 51                                              II       Researcher with some degree of
                                                                                          experience ;
                                                                                          Reviser of translations ;
The contracts of auxiliary staff may be for a fixed or                                    Experienced translator       or   in­
                                                                                          terpreter ;
for an indefinite period; they shall be renewable.
                                                                                III       Researcher ;
                                                                                          Translator or interpreter.
                                                                     B          IV      . Staff doing difficult work (drafting,
                         Article 52                                                       correcting, bookkeeping or of a
                                                                                          technical nature);
                                                                                 v        Staff doing simple work (drafting,
The actual period of employment of auxiliary staff,                                       bookkeeping or of a technical
including any period under renewal shall not exceed :                                     nature).
( a) if the servant is engaged to replace an official or a           C          VI        Experienced secretary; .
                                                                                          Experienced office worker;
      member of the temporary staff who is unable for
      the time being to perform his duties, the period                          VII       Secretary, typist or telephonist;
                                                                                          Office worker.
      of his assignment for that purpose;
                                                                    D          VIII       Skilled worker ;
(b) one year, in all other cases.                                                         Usher or chauffeur ;
                                                                                IX        Unskilled worker, messenger.
                         Article 53
                                                                                         CHAPTER 2       ~
Auxiliary staff shall be divided into four categories,                              Rights and obligations
subdivided into groups corresponding to the duties to
be performed.                                                                             Article 54
                                                                Articles 11 to 25 of the Staff Regulations, concerning
Within each group, auxiliary staff shall be graded in           the rights and obligations of officials, shall apply by
four classes . This grading shall take account of the           analogy, save for Article 13 , concerning gainful
qualifications ' and experience of the persons                  employment on the part of a spouse, Article 15,
concerned.
                                                                concerning officials who are candidates for elective
                                                                public office, the third paragraph of Article 23 ,
                                                                concerning laissez-passer, and the second paragraph
The basic posts and corresponding groups are as                 of Article 25 , concerning publication of decisions
shown in the following table :                                  relating to specific individuals.
 ---pagebreak---                                      Official Journal of the European Communities                                   193
A decision requiring damage suffered by the                                             Article 58
Communities as a result of serious misconduct to be
made good, as provided in Article 22 of the Staff               Auxilary staff shall be entitled to paid leave at the
Regulations, shall be taken by the authority referred           rate of two working days per month of service; any
to in the first paragraph of Article 6 after observing          period of less than fifteen days' or half a month's
the formalities provided for in cases of dismissal for          service shall carry no leave entitlement.
serious misconduct.
                                                                Where it has not been possible, owing to the
                        CHAPTER 3                               requirements of the service, for a member ' of the
                                                                auxiliary staff to be given leave as provided in the
                  Conditions of engagement                      preceding paragraph during his employment, any
                                                                days of leave not taken shall be paid for as extra days
                                                                worked.
                         Article 55
1 . A member of the auxiliary staff may be engaged              In addition to such leave, a member of the auxiliary
only on condition that:                                         staff may, in exceptional circumstances and at his
                                                                own request, be granted special leave in accordance
( a) he is a national of one of the Member States of            with rules laid down by the institution on the basis of
      the Communities, unless an exception is                  the principles set out in Article 57 of the Staff
      authorised by the authority referred to in the first      Regulations and in Article 6 of Annex V to the Staff
      paragraph of Article 6, and enjoys his full rights        Regulations.
      as a citizen ;
(b) he has fulfilled any obligations imposed on him                                    Article 59
      by the laws concerning military service;
(c) he produces the appropriate character references            Article 16, concerning sick leave, shall apply to
      as to his suitability for the performance of his          auxiliary staff. Article 58 of the Staff Regulations,
      duties ; and                                              concerning maternity leave, shall apply by analogy.
( d) he is physically fit to perform his duties .
                                                                                       Article 60
2. The authority referred to in the first paragraph
of Article 6 may waive the requirement that the
person concerned should produce documentary                    Articles 60 and 61 of the Staff Regulations,
evidence that he fulfills these conditions where his            concerning unauthorised absence and public
engagement is for not more than three months.                   holidays, shall apply by analogy.
                         Article 56
                                                                                      CHAPTER 5
The contract of a member of the auxiliary staff shall
specify in particular :                                                        Remuneration and expenses
(a) the duration of the contract;                                                       Article 61
( b) the date when he is to take up employment;
                                                                The remuneration of auxiliary staff shall comprise
( c) the nature of his work;                                    basic salary, family allowances and other allowances .
(d) his grading;
                                                                Auxiliary staff shall remain throughout the term of
( e) the place where he is to be employed .                     their contract in the salary class specified in their
                                                                contract .
                        CHAPTER 4
                                                                                       Article 62
                     Working conditions
                          Article 57                            Auxiliary staff shall be paid by the day or by the
                                                                month .
Articles 55 and 56 of the Staff Regulations
concerning hours of work and overtime shall apply               In the case of auxiliary staff paid by the days, only
by analogy.                                                     days actually worked shall be paid.
 ---pagebreak---  194                                     Official Journal of the European Communities
                        Article 63                                                           Article 68
 The scale of basic salaries shall be as provided in the             In the case of auxiliary staff paid by the month, the
 following table :                                                   remuneration shall be paid in accordance with Article,
                                                                     16 of Annex VII to the Staff Regulations.
                                                       (in Bfrs)
                                       Class                        In the case of auxiliary staff paid by the day, the
   Cat.  Group                                                       remuneration shall be paid at the end of each week
                      1            2           3         4
                                                                    for that week.
    A        I     24 700       27 550     30 400     33250
            II     17 700       19 600     21 500     23 400
                                                                                            Article 69
           III     14 500     . 15 250     16 000     16 750
    B     IV       13 850       15 450     17 050     18 650
                                                                     Auxiliary staff to whom Article 25 applies shall be
           V        9 700       10 700 .   11700      12 700         entitled throughout the term of their contract to the
                                                                     daily subsistence allowance provided for in that
                                                                     Article.
    C     VI        8 250        9 100       9 950    10 800
          VII       6 450        7 000       7 550     8 100
                                                                                           CHAPTER 6
                                                                                                          \
          VIII      6 050        6 050       7250      7 850
    D
          IX        5 500        5 700       5 900     6100                           Social security benefits
                                                                                            Article 70
                          Article 64
                                                                     1 . So that auxiliary staff are insured against
                                                                     sickness, accident, invalidity, and death and can build
Articles 63 , 64 ' and 65 of the Staff Regulations,                 up a retirement pension, they shall be affiliated to a
concerning the currency in which remuneration is to                 compulsory social security scheme, preferably that of
be expressed and adjustments to such remuneration,                  the country to whose scheme they were last affiliated
shall apply by analogy.                                              or that of their country of origin.
                                                                    The institution shall be responsible for the
                          Article 65                                employer's      contributions     required   under   the
                                                                    legislation in force where the servant is compulsorily
Articles 1 , 2 and 4 of Annex VII to the Staff                      affiliated to such a social security scheme, or for two
                                                                    thirds of the servant's contributions where he remains
Regulations, concerning payment of family and
expatriation allowances, shall apply by analogy.                    voluntarily affiliated to the national social security
                                                                     scheme of which he was a member before he entered
                                                                    the service of one or other of the three Communities
                                                                    or where he voluntarily joins a national social
                         Article 66                                 security scheme.
The remuneration due for each day's work payable                  • 2. Where it is not possible to apply the provisions
shall be one-twentieth of the monthly remuneration .                of paragraph 1 , auxiliary staff shall be insured
                                                                    against sickness, accident, invalidity and death and
                                                                    for the provision of a retirement pension, at the
                         Article 67                                 expense of the institution which employs them, up to
                                                                    the amount of two thirds of the contribution as in
Articles 7, 11 , 12 and 13 of Annex VII to the Staff                paragraph 1 . Provisions for applying the • foregoing
Regulations, concerning the reimbursement of travel                 shall be laid down by agreement between the
expenses and mission expenses, shall apply by                       institutions after consulting the Staff Regulations
analogy.                                                            Committee provided for in Article 10 of the Staff
                                                                    Regulations.
Auxiliary staff in Categories A and B shall be entitled
to subsistence allowance as set out in Column II of the                                     Article 71
table in Article 13 of Annex VII to the Staff
Regulations ; other auxiliary staff shall be entitled to            Article 76 of the Staff Regulations, concerning gifts,
subsistence allowance as set out in Column III of that              loans or advances, shall apply by analogy to auxiliary
table .                                                             staff during the term of their contract.
 ---pagebreak---                                      Official Journal of the European Communities                                      195
                        CHAPTER 7                                                         Article 75
                 Recovery of overpayments
                                                                The employment of auxiliary staff, whether for a
                                                                fixed or for an indefinite period :
                         Article 72
                                                                1 . shall be terminated by the institution without
                                                                    notice if the servant is called to serve in the
Any sum overpaid may be recovered if the recipient                  armed forces :
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            2. may be terminated by the institution without
it.                                                                 notice :
                                                                     ( a) if the servant is recalled to service in the
                                                                           armed forces and his duties under his contract
                                                                          with the institution were such that there is no
                        CHAPTER 8
                                                                          prospect of re-employing him in his former
                          Appeals                                         capacity when his period of service is over. In
                                                                           such     case the  servant   shall  receive  an
                                                                           allowance equal to his basic salary plus
                      . Article 73                                         family allowances at the rate of two days for
                                                                           each completed month of service ;
Title VII of the Staff Regulations, concerning appeals,              ( b) if the servant is elected to public office and
shall apply by analogy.                                                   the authority referred to in the first paragraph
                                                                           of Article 6 considers such public office to be
                                                                          incompatible with the discharge of his normal
                                                                           duties ;
                        CHAPTER 9
                                                                     (c) if the servant ceases to satisfy the
                                                                           requirements of Article 55 ( 1 ) ( a) and (d).
                Termination of employment
                                                                           However, if the servant ceases to satisfy the
                                                                           requirements laid down in Article 55 ( 1 ) (d),
                         Article 74                                       his contract may be terminated only if he is
                                                                           entitled to an invalidity pension;
Apart from cessation on death, the employment of                     ( d) if the servant is unable to resume his duties at
auxiliary staff shall cease :                                             the end of a period of paid sick leave as
                                                                          provided for in Article 59. In such case the
                                                                          servant shall receive an allowance equal to his
1 . where the contract is for a fixed period :                            basic salary plus family allowances at the rate
    (a) on the date stated in the contract;                               of two days for each completed month of
                                                                          service:
     (b) at the end of the month in which the servant
         reaches the age of sixty-five years
                                                                                            Article 76
2. "Where the contract is for an indefinite period :
                                                                The employment of a member of the auxiliary staff
    ( a) at the end of the period of notice specified in        may be terminated without notice on disciplinary
         the contract; the length of the period of              grounds in serious cases of failure to comply with his
         notice shall not be less than two days for             obligations, whether intentionally or through
          each completed month of service, subject to a         negligence on his part. A reasoned decision shall be
         maximum of three months . The period of                taken by the authority referred to in the first
         notice shall not, however, commence to run             paragraph of Article 6, after the servant concerned
          during maternity leave or sick leave, provided        has had an opportunity of submitting his defence.
         such sick leave does not exceed three months .
         It shall, moreover, be suspended during
         maternity or sick leave subject to the limits                                     Article 77
         aforesaid;
    (b ) at the end of the month in which the servant           The employment of a member of the auxiliary staff
         reaches the age of sixty-five years .                  shall be terminated by the institution without notice
 ---pagebreak---  196                                  Official Journal of the European Communities
if the authority referred to in the first paragraph of                                  Article 78
Article 6 finds :
( a) that at the time of his engagement he deliberately          By way of derogation from the provisions of this
      furnished false information as to either his               Title, auxiliary staff engaged by the European '
     professional ability or the requirements of Article         Parliament for the duration of the work of its
      55 ( 1 ); and                                              sessions shall be subject to the conditions of
                                                                 recruitment and remuneration laid down in the
                                                                 agreement between the Parliament, the Council of
( b) that the , false information furnished was a                Europe and the Assembly of Western European
      determining factor in his being engaged.                   Union in respect engagement of such staff.
                                                                 The provisions of that agreement and any subsequent
In such case the authority referred to in the first              amendment thereto shall be notified to the competent
paragraph of Article 6 shall, after hearing the servant          budgetary authorities one month before their entry
concerned, declare that his employment is terminated.            into force.
                                                         TITLE IV
                                                      LOCAL STAFF
                           Article 79                                                  Article 80
Subject to the provisions of this Title, the conditions          As regards social security, the institution shall be
of employment of local staff, in particular :                    responsible for the employer's share of the social
                                                                 security contributions under current regulations in
( a) the manner of their engagement and termination              the place where the servant is to perform his duties.
      of their contract : '
(b) their leave; and                                                                   Article 81
(c) their remuneration
                                                                 Any dispute between the institution and a member of
shall be determined by each institution in accordance            the local staff shall be submitted to the competent
with current rules and practice in the place where               court in accordance with the laws in force in the
they are to perform their duties.                                place where the servant performs his duties.
                                                          TITLE V
                                                    SPECIAL ADVISERS
                          Article 82                             competent    budgetary     authority,   specifying   the
                                                                 remuneration contemplated.
1.     The remuneration of special ^dvisers shall be
determined by direct agreement between the adviser
concerned and the authority referred to in the first
paragraph of Article 6. The contract of. a special               Before the contract is finally .concluded there shall be
adviser shall be for a term not exceeding two years . It         an exchance of views with the competent budgetary
shall be renewable.                                              authority on the proposed remuneration if within one
                                                                 month following the date of notification a member of
2. An institution which intends to recruit a special             that authority or the institution concerned so
adviser or renew his contract shall notify the                   requests .
 ---pagebreak---                                      Official Journal of the European Communities                                     197
                        Article 83                               and the second paragraph of Article 25 of the Staff
                                                                 Regulations, concerning the rights and obligations of
Article 11, the first paragraph of Article 12, Article           officials, and Articles 90 and 91 of the Staff
 14, the first paragraph of Article 16, Articles 17, 19         Regulations, concerning appeals, shall apply by
 and 22, the first and second paragraphs of Article 23           analogy.
                                                        TITLE VI
                     ESTABLISHMENT STAFF OF THE JOINT NUCLEAR RESEARCH CENTRE
                      CHAPTER 1                                 Any decision requiring damage suffered by the
                                                                Community as a result of serious misconduct to be
                    General provisions                          made good, as provided in Article 22 of the Staff
                                                                Regulations, shall be taken by the authority referred
                        Article 84                              to in the first paragraph of Article 6 after observing
                                                                the formalities provided for in cases of dismissal for
The contracts of establishment staff of the Joint               serious misconduct.
Nuclear Research Centre shall be for an indefinite
period.
                                                                                        CHAPTER 3
                        Article 85
                                                                                  Conditions of engagement
Establishment staff of the Joint Nuclear . Research
Centre shall not be engaged for any purpose other                                        Article 88
than that of filling, in accordance with this Title,
vacant posts included in the list of posts appended to           1.     Recruitment shall be directed to securing for the
the section of the research and investment budget of            institution the services of staff of the highest standard
the European Atomic Energy Community.                           of ability, efficiency and integrity.
                                                                Establishment staff of the Joint Nuclear Research
                        Article 86                              Centre shall be selected without reference to race,
                                                                creed or sex.
Article 5 ( 1 ) and (4) and the second paragraph of
Article 92 of the Staff Regulations, concerning the             2. A member of the establishment staff of the Joint
classification of posts in categories, services and             Nuclear Research Centre may be engaged only on
grades, and Article 7 of the Staff Regulations,                 condition that :
concerning assignment of officials to posts, shall
apply by analogy.                                               ( a) he is a national of one of the Member States of
                                                                      the Communities, unless          an exception is
The grading of establishment staff of the Joint                       authorised by the authority referred to in the first
Nuclear Research Centre shall be stated in their                      paragraph of Article 6, and enjoys his full rights
contract.                                                             as a citizen ;
                                                                (b) he has fulfilled any obligations imposed on him
                                                                      by the laws concerning military service;
                      CHAPTER 2                                 (c) , he produces the appropriate character references
                                                                      as to his suitability for the performance of his
                  Rights and obligations                              duties ;
                        Article 87                              (c) he is physically fit to perform his duties ; and
                                                                (e) he produces evidence of a thorough knowledge of
Articles 11 to 26 of the Staff Regulations, concerning                one of the languages of the Communities and of
the rights and obligations of officials, shall apply by               a satisfactory knowledge of another language of
analogy, save for the second paragraph of Article 15 ,                the Communities to the extent necessary for the
which relates to officials elected to public office.                  performance of his duties.
 ---pagebreak---  198                                 Official Journal of the European Communities
                        Article 89                                                      CHAPTER 6
Before being engaged, a member of the establishment                       Remuneration and social security benefits
staff of the Joint Nuclear Research Centre shall be
medically examined by one of , the institution's
medical officers in order that the institution may be                                    Article 94
satisfied that he fulfils the requirements of Article 88
 (2) (d).
                                                                The Council of the European Atomic Energy
                                                                Community, acting on a proposal from the
                                                                Commission of the European Atomic Energy
                        Article 90                              Community by the qualified majority specified in the
                                                                first indent of the second subparagraph of Article.118
A member of the establishment staff of the Joint                 (2) of the Treaty establishing the European Atomic
Nuclear Research Centre shall serve a probationary              Energy Community and taking into account local
period of from three to six months, during which his            practice, shall determine:
employment may be terminated if his capacity for the             ( a) the conditions relating to the remuneration of
work has not proved adequate. In exceptional cases                    establishment staff of the Joint Nuclear Research
the probationary period may be extended not more                      Centre at each place of employment ;
than once for a further three months .
                                                                 (b) the    allowances,    insurances, . social    security
                                                                      benefits and other similar benefits of whatever
On expiry of the probationary period, a member of
the establishment staff shall be established in his post.             kind to which they shall be entitled.
                                                                For purposes of the application of subparagraph (a),
                                                                the Commission of the European Atomic Energy
                                                                Community shall, as far as possible, enter into
                                                                separate agreements with the appropriate agencies
                       CHAPTER 4
                                                                of the countries concerned.
  ,                        Career
                                                                                       . Article 95
                        Article 91
                                                                If the Commission of the European Atomic Energy
Articles 36, 40 and 42 of the Staff Regulations,                Community considers it necessary to recruit
concerning active employment, leave on personal                 establishment staff for the Joint Nuclear Research
grounds and leave for military service, shall apply by          Centre from candidates not residing in the country or
analogy to establishment staff of the Joint Nuclear             in close proximity, to the place where they are to
Research Centre .                                               perform their duties, the Council of the European
                                                                Atomic Energy Community, acting on a proposal
                                                                from the Commission by the qualified majority
                        Article 92
                                                                specified in the first indent of the second
                                                                subparagraph of Article 118 (2) of the Treaty
                                                                establishing     the     European       Atomic      Energy
Articles 43 and 45 of the Staff Regulations,                    Community, shall determine the allowances to be
concerning reports and promotion, shall apply by                paid to such staff. The total remuneration of such
analogy to establishment staff of the Joint Nuclear             staff shall not, however, exceed the amount which
Research Centre .
                                                               they would receive under the Staff Regulations,
                                                                notwithstanding the provisions of Title VIII thereof.
                       CHAPTER 5
                                                                                         Article 96
                   Working conditions
                                                               Articles    11 to    13   of Annex VII to the Staff
                                                                Regulations, regarding mission expenses, and Article
Articles 55 and 57 to 61 of the Staff Regulations               85 of the Staff Regulations, concerning recovery of .
concerning hours' of work, leave and public holidays,           overpayments,, shall apply by analogy to
shall apply by analogy to establishment staff of the            establishment staff of the Joint Nuclear Research
Joint Nuclear Research Centre.                                  Centre .
 ---pagebreak---                                        Official Journal of the European Communities                                       199
                         CHAPTER 7                                    ( b) during or at the end of his probationary
                                                                            period, in accordance with Articles 90 and 94 ;
             Disciplinary proceedings and appeals
                                                                      ( c) if he is elected to public office and the authority
                                                                            referred to in the first paragraph of Article 6
                          Article 97                                        considers such public office to be incompatible
                                                                           with the discharge of his normal duties ;
Titles VI and VII of the Staff Regulations, concerning               ( d) if he becomes an official of one of the three
disciplinary proceedings and appeals, shall apply by                        European Communities;
 analogy to establishment staff of the Joint Nuclear
 Research Centre .                                                   (e) if, he ceases to satisfy the requirements of
                                                                           Article 88 (2) ( a) and (d). However, if the
                                                                           servant ceases to satisfy the requirements of
                                                                            Article 88 (2) ( d), his employment may be
                                                                           terminated only if he is entitled to an
                         CHAPTER 8                                         invalidity pension ;
                                                                     (f) if he is dismissed in accordance with Article
                 Termination of employment                                  97 .
                          Article 98
                                                                  2. in other cases, after due notice, which shall be not
Apart from cessation on death, the employment of a                   less than two days for each completed month of
member of the establishment staff of the Joint                       service, subject to a minimum of fifteen days and
Nuclear Research Centre shall cease :                                a maximum of three months. The period of notice
                                                                     shall not, however, commence to run during
1 . without notice :                                                 maternity leave or sick leave, provided such sick
                                                                     leave does not exceed three months. It shall,
    (a) at the end of the month in which he reaches                  moreover, be suspended during maternity or sick
        the prescribed age for retirement pension ;                  leave subject to the limits aforesaid.
                                                          TITLE VII
                                                TRANSITIONAL PROVISIONS
                          Article 99                                                       Article 100
A servant in the employment of the Communities                    Service with an institution of the three European
when these Conditions of Employment enter into                    Communities before the entry into force of these
force who, notwithstanding that the institution has               Conditions of Employment shall be treated as service
decided to continue to employ him, is not appointed             » under these Conditions of Employment.
as - an   official   under    Article   102  of   the  Staff
Regulations must be offered a contract by the
authority referred to in the first paragraph of Article                                    Article 101
6    in   accordance       with    these    Conditions   of
Employment. Such contract shall take effect on the                Where a servant receives a contract as a member of
date when these Conditions of Employment enter
into force .
                                                                  the temporary staff under these Conditions of
                                                                  Employment, the amounts standing to his credit with
                                                                  the Communities' temporary provident scheme shall
The contract of a servant who refuses an offer made               be taken into consideration for purposes of
as provided in the preceding paragraph shall be                   calculating the sums payable to that servant under
terminated under the terms of his earlier contract.               Article 39 .
 ---pagebreak--- 200                                 Official Journal of the European Communities
                                                      TITLE VIII
                                                 FINAL PROVISIONS
                       Article 102                             uniform application      of   these   Conditions   of
                                                               Employment.
Subject to Article 103 , the general provisions for
giving effect to these Conditions of Employment shall                               Article 103
be adopted by each institution after consulting its            The general provisions for giving effect to the Staff
Staff Committee and the Staff Regulations Committee
                                                               Regulations, referred to in Article 110 of those
provided for in Article 10 of the Staff Regulations.           Regulations, shall apply to servants covered by these
                                                               Conditions of Employment where by virtue of these
The    administrations   of   the  institutions  of  the       Conditions of Employment the provisions of the said
Communities shall confer for the purpose of securing           Regulations apply to those servants .