CELEX: 51988PC0776
Language: en
Date: 1989-01-11
Title: PROPOSAL FOR A COUNCIL REGULATION AMENDING THE STAFF REGULATIONS OF OFFICIALS AND THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS OF THE EUROPEAN COMMUNITIES

23. 2. 89                             Official Journal of the European Communities                                 No C 44/9
                                                             II
                                                      (Preparatory Acts)
                                                 COMMISSION
              Proposal for a Council Regulation amending the Staff Regulations of officials and the
                        conditions of employment of other servants of the European Communities
                                                     COM(88) 776 final
                                    (Submitted by the Commission on 17 January 1989)
                                                        (89/C 44/08)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          Whereas, in the event of dismissal, the former prob-
                                                                  ationer' s pecuniary interests should be protected in view
Having regard to the Treaty establishing a Single                 of the increase in the duration of the probationary
Council and a Single Commission of the European                   period;
Communities, and in particular Article 24 thereof,
Having regard to the proposal from the Commission,                Whereas it is desirable to widen the scope for seconding
submitted after consulting the Staff Regulations                  officials to temporary posts;
Committee,
Having regard      to   the  opinion   of   the   European        Whereas it should be possible to transfer without compe-
Parliament,                                                       tition from the Language Service to category A and vice
                                                                  versa, having regard to the qualifications of staff in that
                                                                  service and that category;
Having regard to the opinion of the Court of Justice,
Whereas, for matters in respect of which joint
                                                                  Whereas the recruitment conditions and career prospects
management by the institutions is desirable, provision
                                                                  of law clerks at the Court of Justice should be improved;
should be made to delegate to one of them the powers
conferred on the appointing authority;
                                                                  Whereas, in the light of experience in respect of the
Whereas it is desirable to establish a system of interin-
                                                                  education allowance, Article 3 of Annex VII to the Staff
stitutional competitions, to be organized by two or more
                                                                  Regulations should be amended;
institutions, according to uniform criteria and resulting
in a common reserve list; whereas provision should
therefore be made for setting up a common joint
committee;                                                        Whereas it is advisable to amend Article 81 of the
                                                                  conditions of employment of other servants to give the
                                                                  institutions the option of going to arbitration in the event
Whereas it should be possible for the limits on additional
                                                                  of a dispute with a member of local staff serving in a
seniority in grade laid down in the second paragraph of
                                                                  non-member country;
Article 32 of the Staff Regulations to be exceeded in the
case of a member of temporary staff appointed as a
probationer official in order to take account of his years
of service as a member of temporary staff;                        Whereas Articles 2 and 3 of Regulation (EEC, Euratom,
                                                                  ECSC) No 259/68 ('), as last amended by Regulation
Whereas the arrangements governing the         probationary       (Euratom, ECSC, EEC) No 2339/88 (2), lay down the
                                                                  Staff Regulations of officials and the conditions of
period should be adjusted to enable the       probationer's
                                                                  employment of other servants of the European
merits to be assessed more accurately;        whereas the
                                                                  Communities respectively,
duration of the probationary period should     therefore be
increased;
Whereas it is desirable to modify the end-of-probation
dismissal procedure so that the appointing authority is           O OJ No L 56, 4. 3. 1968, p. 1.
better placed to take an informed decision;                       (2) OJ No L 204, 29. 7. 1988, p. 5.
 ---pagebreak--- No C 44/10                              Official Journal of the European Communities                                 23. 2. 89
HAS ADOPTED THIS REGULATION:                                          — members and alternates appointed in equal
                                                                           numbers by the appointing authorities of the
                           CHAPTER I                                       institutions represented on the common joint
                                                                           committee and by the Staff Committees.
Amendments to the Staff Regulations of officials of the
                      European Communities                            The procedures      for instituting  the common joint
                                                                      committee shall    be adopted by     agreement between
                                                                      the institutions   represented on    the common joint
                            Article 1
                                                                      committee, after   consulting their Staff Committee.
1. The following third paragraph is added to Article 2:
                                                                      An alternate shall sit only in the absence of a
   'However, two or more institutions may entrust to                  member.'
   one of them or to an interinstitutional body the
   exercise of the powers conferred on the appointing
   authority in respect of recruitment and of the social                                     Article 4
   security and pension schemes.'
                                                                   In Annex II, the following Article 3a is inserted:
2. The following Article 91a is inserted:
                                                                       Article 3 a
     'Article 91a
                                                                      The common joint committee shall meet at the
   Requests and complaints relating to the areas to                   request either of the appointing authority referred to
   which the third paragraph of Article 2 has been                    in the third paragraph of Article 2 of the Staff Regu-
   applied shall be lodged with the appointing authority              lations or of an appointing authority or a Staff
   entrusted with the exercise of powers. Any appeals                 Committee of one of the institutions represented on
   shall be made against the institution to which that                that joint committee.
   appointing authority is answerable.'
                                                                      The proceedings of the common joint committee
                                                                      shall be valid only if all members or, in their absence,
3. The following is added to Article 1 (1) (a) of Annex               their alternates are present.
    III:
                                                                      The chairman of the common joint committee shall
    '(. . ., where appropriate, common to two or more                 not vote save on questions of procedure.
    institutions)'.
                                                                      The opinion of the common joint committee shall be
                             Article 2                                communicated in writing to the appointing authority
                                                                      within the meaning of the third paragraph of Article
In Article 9 the following paragraph 1 (a) is inserted:                2 of the Staff Regulations, to the other appointing
                                                                       authorities and to their Staff Committees within five
'1 (a). For the application of certain provisions of these             days of its adoption.
          Staff Regulations, a common joint committee may
          be established for two or more institutions.'               Any member of the common joint committee may
                                                                       require that his views be recorded in the opinion of
                             Article 3                                 the joint committee.'
Article 2 of Annex II is replaced by the following:
                                                                                             Article 5
       Article 2                                                   The following paragraph is added to Article 1 (1) of
                                                                   Annex III:
      The joint committee or committees of an institution
      shall consist of:                                                'Notice of open competitions common to two or
                                                                       more institutions shall be drawn up by the appointing
      — a chairman appointed each year by the appointing               authority referred to in the third paragraph of Article
           authority,                                                  2 of the Staff Regulations, after consulting the
                                                                       common joint committee.'
      — members and alternates appointed at the same
           time in equal numbers by the appointing authority
                                                                                             Article 6
           and by the Staff Committee.
                                                                   The following new second paragraph is inserted in
      The common joint committee for one or more                   Article 3 of Annex III:
      institutions shall consist of:
                                                                       'For open competitions common to two or more
      — a chairman appointed by the appointing authority               institutions, the Selection Board shall consist of a
           referred to in the third paragraph of Article 2 of          chairman appointed by the appointing authority
           the Staff Regulations,                                      referred to in the third paragraph of Article 2 of the
 ---pagebreak--- 23. 2. 89                                Official Journal of the European Communities                              No C 44/11
     Staff Regulations and of members appointed by the                 However, the appointing authority may, in excep-
     appointing authority referred to in the third                     tional circumstances, authorize continuation of the
     paragraph of Article 2 of the Staff Regulations on a              probationary period and assign the official to another
     proposal from the institutions, as well as of members             department. In this case the new assignment must be
     appointed      by agreement between           the   Staff         for at least six months; it shall be subject to the limits
     Committees of the institutions.'                                  set out in paragraph 4.
The second and third paragraphs become the third and
fourth paragraphs respectively.                                        3.    Not less than one month before the expiry of
                                                                       the probationary period, a report shall be made on
                                                                       the ability of the probationer to perform the duties
                            Article 6a                                 pertaining to his post and also on his efficiency and
                                                                       conduct in the service. This report shall be
General provisions for giving effect to Articles 2 to 6 of
                                                                       communicated to the probationer, who shall have the
this Regulation shall be drawn up in accordance with the
                                                                       right to submit his comments in writing within a
first paragraph of Article 110 of the Staff Regulations.
                                                                       period of eight days.
                            Article 7
                                                                       Should it recommend dismissal or, in exceptional
The following third paragraph is added to Article 32:                  circumstances, extension of the probationary period,
                                                                       the report and the comments shall be transmitted
     'Members of the temporary staff graded in                         immediately by the probationer's immediate superior
     accordance with the grading criteria adopted by the               to the appointing authority, which shall, within a
     institution shall retain the seniority acquired in that           period of three weeks, consult the Joint Reports
     capacity if they are appointed officials in the same              Committee on the action to be taken.
     grade immediately following the period of temporary
     service.'
                                                                       A probationer whose work has not proved adequate
                                                                       for establishment in his post shall be dismissed.
                            Article 8                                  However, the appointing authority may, in excep-
Article 34 is replaced by the following:                               tional circumstances, extend the probationary period
                                                                       for a maximum of six months, and possibly assign the
                                                                       probationer to another department.
      Article 34
      1.    Officials other than those in grades A 1 and A 2
                                                                       4.    The total length of the probationary period
     shall serve a probationary period before they can be
     established. The period shall be nine months for                  shall in no circumstances exceed 15 months.
     officials in all categories or grades.
     Where during his probationary period an official is               5.    Except where he is in a position forthwith to
     prevented, by sickness, maternity leave under Article             resume employment elsewhere, a dismissed prob-
     58, or accident, from performing his duties for a                 ationer shall receive compensation equal to three
     continuous period of one month or more, the                       months' basic salary if he has completed more than
     appointing authority may extend his probationary                  one year's service, two months' basic salary if he has
     period by the corresponding length of time.                       completed at least six months' service and one
                                                                       month's basic salary if he has completed less than six
     2.     A report on the probationer may be made at                 months' service.
     any time during the probationary period if-his work
     is proving obviously inadequate.
                                                                       6.    The provisions of paragraphs 2 to 5 shall not
     This report shall be communicated to the person                   apply to officials who resign before the end of their
     concerned, who shall have the right to submit his                 probationary period.'
     comments in writing with a period of eight days. The
     report and the comments shall be transmitted
     immediately,by the probationer's immediate superior                                     Article 9
     to the appointing authority, which shall, within a
     period of three weeks, obtain the opinion of the Joint         The following third indent is added to Article 37 (1) (a):
     Reports Committee on the action to be taken. The
      appointing authority may decide to dismiss the prob-
      ationer before the end of the probationary period,            '— to serve temporarily in a post which is included in
     giving him one month' s notice; the period of service              the list of posts financed from the research and
      may not, however, exceed the normal probationary                  investment appropriations and which the budgetary
     period.                                                            authorities have classified as temporary.'
 ---pagebreak--- No C 44/12                               Official Journal of the European Communities                                 23. 2. 89
                          Article 10                                   paragraph if he can prove that his child's education
                                                                       involves a heavy financial burden.';
Article 45 is amended as follows:
                                                                   6. the following paragraph is inserted after the fourth
1. paragraph 2 is replaced by the following:
                                                                       paragraph:
   '2.    An official may move to a higher category only
   following a competition;'                                           'An official in receipt of a retirement pension, an
                                                                       invalidity pension, the allowances provided for in
2. the following paragraph 3 is added:                                 Articles 41 and 50 of the Staff Regulations or the
                                                                       allowance provided for in Article 4 of Council Regu-
   '3.    An official may move from the Language                       lation (ECSC, EEC, Euratom) No 3518/85 shall
   Service to category A and vice versa by straight-                   continue to receive the education allowance to which
   forward transfer not involving a competition, subject               he was entitled on the day preceding termination of
   to a ceiling set each year by the institution concerned             service      or   temporary     suspension  of    active
   following consultation of the joint committee.'                     employment, for a maximum period of three years
                                                                       from that date, subject to the same conditions, with
                                                                       the exception of the conditions relating to entitlement
                          Article 11
                                                                       to the expatriation allowance.'
Footnote (') in Annex I is deleted.
                                                                                             CHAPTER II
                          Article 12
Article 3 of Annex VII is amended as follows:                      Amendments to the conditions of employment of other
                                                                               servants of the European Communities
1. in the second paragraph, 'or compulsory' is inserted
   between 'primary' and 'educational establishment';                                         Article 13
2. the first indent of the third paragraph is replaced by          Article 81 is replaced by the following:
   the following:
                                                                         'Article 81
   '— an official whose place of employment is at least
        50 kilometres from a European School, provided                  1.     Any dispute between the institution and a
        that the language of the place of employment is                 member of the local staff serving in a Member State
        not the child's main language.';                                of the European Communities shall be submitted to
                                                                        the competent court in accordance with the laws in
3. the following new indent is inserted after the first                 force in the place where the servant performs his
   indent of the third paragraph:                                       duties.
   '— an official whose child, for imperative      educational          2.     Any dispute between the institution and a
        reasons duly supported by evidence,         must have           member of the local staff serving in a non-member
        primary or secondary level schooling       other than           country shall be submitted to an arbitration board
        that provided in a European School,        adapted to           under the conditions defined in the arbitration clause
        his particular needs.';                                         contained in the servant's contract.'
4. the second indent of the third paragraph becomes the
   third indent. 'In the country of which he is a national                                  CHAPTER III
   or working in his language' is replaced by 'working in
   the child's main language' and 'the country of which                                    Final provisions
   the official is a national' is replaced by 'the country of
   employment.';                                                                              Article 14
5. the following paragraph is inserted after the third             This Regulation shall enter into force on the day
   paragraph:                                                      following its publication in the Official Journal of the
                                                                   European Communities.
   'Exceptionally, the maximum prescribed in the first
   paragraph may be quadrupled in the case of the                  This Regulation shall be binding in its entirety and
   official referred to in the second indent of the third          directly applicable in all Member States.