CELEX: 51991PC0032
Language: en
Date: 1991-02-14
Title: AMENDED PROPOSAL FOR A COUNCIL REGULATION (EEC) AMENDING THE STAFF REGULATIONS OF OFFICIALS AND THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS OF THE EUROPEAN COMMUNITIES

COMMISSION OF THE EUROPEAN COMMUNITIES
                                         C0MC91) 32 final
                                         Brussels, 14 February 1991
                         Amended proposal for a
                        COUNCIL REGULATION (EECÏ
              amending the Staff Regulations of Officials and the
   Conditions of Employment of Other Servants of the European Communities
        (presented by the Commission pursuant to Article 149(3)
                           of the EEC-Treaty)
 ---pagebreak---                             BnTÀKrflTlff TflOTnlïïTOl
m O0K(88) 776 final dated 11 January 1989, the Coramission transmitted a
proposal for a Council Regulation amending the Staff Régulations of
Officials and the Conditions of Btrployment of Other Servants of the
European powiff TA* ti ^s •
The purpose of the proposal vas to streamline the management of human
resources and provide new possibilities for staff mobility.
On 25 October 1990 Parliament adopted a resolution proposing pertain
changes to the proposal. Most of them are acceptable to the Commission and
they are incorporated In the present text.
 ---pagebreak---                      Amended proposal for a
                   flfttfUr.ll PPfillLATlfttl fEECl
           •mending the Staff Regulations of Officials and the
Conditions of Employment of Other Servants of the European Communities
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing a Single Council and a Single
Commission of the European Communities/ and in particular Article 24 thereof.
Having regard to the proposal from the Commission, submitted after consulting
the Staff Regulations Committee,
Having regard to the Opinion of the European Parliament,
Having regard to the opinion of the Court of Justice,
Whereas, for matters in respect of which joint management by the institutions
is desirable, provision should be made to delegate to one of them the powers
conferred on the appointing authority;
Whereas it is desirable to establish a system of interinstitutional
competitions, to be organized by two or more 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 should be possible for the limits on additional seniority in
grade laid down in the second paragraph of 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;
 ---pagebreak---                                    - 2 -
Whereas the arrangements governing the probationary period should be adjusted
to enable the probationer's merits to be assessed more accurately;
Whereas it is desirable to modify the end-of-probation dismissal procedure
so that the appointing authority is better placed to take an informed
decision;
Whereas, in the event of dismissal, the former probationer's pecuniary
interests should be protected in view of the increase in the duration of the
probationary period;
whereas it is desirable to widen the scope for seconding officials to
temporary posts;
Whereas it should be possible to transfer without competition from the
Language Service to Category A and vice versa, having regard to the
qualifications of staff in that service and that category;
Whereas the recruitment conditions and career prospects of law clerks at
the Court of Justice should be improved;
Whereas, in the light of experience in respect of the education allowance,
Article 3 of Annex VII to the Staff Regulations should be amended;
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 of a dispute with a member of local staff
serving in a non-member country;
 ---pagebreak---                                         - 3 -
   Whereas Articles 2 and 3 of Regulation (EEC, Euratom, ECSC)
   No 259/68/ as last amended by Regulation (Euratom, ECSC, EEC) No 3736/9CT
   lay down the Staff Regulations of Officials and the Conditions of Employment
   of Other Servants of the European Communities respectively;
   HAS A00PTE0 THIS REGULATION:
                                  Chapter I
                        Amendments to the Staff Regulations
                    of Officials of the European Communities
                                      Article 1
1. The'following third paragraph is added to Article 2:
   "However, two or more institutions may entrust to 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 security and pension
   schemes. *
2. The following Article 91a is inserted :
                                 "Article 91a
   Requests and complaints relating to the areas to which the third paragraph of
   Article 2 has been applied shall be lodged wi'th the appointing authority
   entrusted with the exercise of powers.       Any appeals shall be made against the
   institution to which that appointing authority is answerable."
   1
     0J L 56, 4.3.1968, p. 1.
   2
    0J L 360, 22.12.1990, p.1.
 ---pagebreak---                                         - 4 -
3. The following is added to Article 1(1)<a) of Annex III:
   " ( . . . , where appropriate, common to two or more institutions)".
                                           Article 2
   In Article 9 the following paragraph 1a is inserted:
   "1a. for the application of certain provisions of these Staff Regulations,
   a common Joint Committee may be established for two or more institutions."
                                       Article 3
   Article 2 of Annex II is replaced by the following:
                                      "Article 2
   The Joint Committee or Committees of an institution shall consist of:
   - a chairman appointed each year by the appointing authority;
   * members and alternates appointed at the same time in equal numbers by the
       appointing authority and by the Staff Committee.
   The common Joint Committee for one or more institutions shall consist of:
   - a chairman appointed by the appointing authority referred to in the third
       paragraph of Article 2 of the Staff Regulations,
 ---pagebreak---             •*•!•'•"•••*
                                        - 5 -
- members and alternates appointed in equal numbers by the appointing
   authorities of the institutions represented on the common Joint Committee
   and by the Staff Committees.
   The procedures for instituting the common Joint Committee shall be
   adopted by agreement between the Institutions represented on the common
   Joint Committee, after consulting their Staff Committee.
   An alternate shall vote only in the absence of a member."
                                     Article 4
 In Annex II, the following 3a is inserted:
                                   "Article 3a
The common Joint Committee shall meet at the request either of the appointing
authority riiirrtd       to in the third paragraph of Article 2 of the Staff
Regulations or of an appointing authority or a Staff Committee of one of the
institutions represented on that Joint Committee.
The proceedings of the common Joint Committee shall be valid only if all
members or their alternates are present.
The chairman of the common Joint Committee shall not vote save on questions
of procedure.
The opinion of the common Joint Committee shall be communicated in writing
to the appointing authority within the meaning of the third paragraph of
Article 2 of the Staff Regulations, to the other appointing authorities and
to their Staff Committees within five days of its adoption.
Any member of the common Joint Committee may require that his views be
recorded 1n the opinion of the Joint Committee."
 ---pagebreak---                                           - 6 -
                                        Article 5
The following paragraph is added to Article 1(1) of Annex III:
"Notice of open competitions common to two or more institutions shall be drawn
up by the appointing authority referred to in the third paragraph of Article 2
of the Staff Regulations, after consulting the common Joint Committee.".
                                        Article 6
The following new second paragraph is inserted in Article 3 of Annex III:
"For open competitions common to two or more institutions, the Selection Board
shall consist of a chairman appointed by the appointing authority referred to
in the third paragraph of Article 2 of the Staff Regulations and of members
appointed by the appointing authority referred to in the third paragraph of
Article 2 of the Staff Regulations on a proposal from the institutions, as well
as of members appointed by agreement between the Staff Committees of the
institutions , in such a way as to ensure equal representation.".
The second and third paragraphs become the third and fourth paragraphs
respectively.
                                        Article 6a
 General provisions for giving effect to Articles 2 to 6 of this Regulation shall
 be drawn up in accordance with the first paragraph of Article 110 of the Staff Regulations.
                                         Article 7
The following third paragraph is added to Article 32:
 ---pagebreak---                                                 - 7 -
"Members of the temporary staff graded in accordance with the grading criteria
 adopted by the institution shall retain the seniority acquired in that capacity
 if they are appointed officials in the same grade immediately following the
 period of temporary service."
                                         Article 8
 Article 34 is replaced by the following:
                                      "Article 34
 1.    Officials other than those 1n Grades A1 and A2 shall serve a
probationary period before they can be established. The period shall be
 nine months for officials in Category A, in the Language Service and in Category B
 and six months for other officials.
2. A report on the probationer may be made at any time during the
probationary period if his work is proving obviously inadequate.
This report shall be communicated to the person concerned, who shall have
tne right to submit his comments in writing with a period of eight days
The report and the comments shall be transmitted immediately by the probationer's
immediate superior to the appointing authority, which shall" within S perioS of $
 three weeks, obtain the opinion of the joint Reports Committee on the action to be taken.
The appointing authority may decide to dismiss the probationer before the enS of
the probationary period, giving him one month's notice; the period of service
may not, however, exceed the normal probationary period.                           service
 ---pagebreak---                                        • 8-
However, the appointing authority may, in exceptional circumstances,
authorize continuation of the probationary period and assign the official
to another department. In this case the new assignment must be for at
least six months; it shall be subject to the limits set out in paragraph 4.
3. Not less than two months before the expiry of the probationary period,
a report shall be made on the ability of the probationer to perform the
duties pertaining to his post and also on his efficiency and conduct in
the service. This report shall be communicated to the probationer,
who shall have the right to submit his comments in writing within a period
of eight days.
Should it recommend dismissal or, in exceptional circumstances, extension of
the probationary period, the report and the comments shall be transmitted
Immediately by the probationer's immediate superior to the appointing
authority, which shall, within a period of three weeks, consult the joint
Reports Committee on the action to be taken.
A probationer whose work has not proved adequate for establishment in his
post shall be dismissed. However, the appointing authority may, in
exceptional circumstances, extend the probationary period for a maximum of
six months, and possibly assign the probationer to another department.
4. The total lenoth of the probationary period shall in no circumstances
exceed fifteen months.
5. Except where he is in a position forthwith to resume employment
elsewhere, a dismissed probationer shall receive compensation
equal to three months' basic salary if he has completed more than one year's
service, two months' basic salary if he has completed at least six months'
service and one month's basic salary if he has completed less than six months'
Service.
 6. The provisions of paragraphs 2 to 5 shall not apply to officials who
 resign before the ^r\d of their probationary period."
 ---pagebreak---                     «MqMMaMff»
                                              - 9 -
                                            Article 9
 The following t h i r d Indent is added to A r t i c l e 3 7 ( 1 ) ( a ) :
 " - to serve temporarily in a post which 1s included in the 11st of posts
      financed from the research and investment appropriations and which the
      budgetary authorities have c l a s s i f i e d as temporary.".
                                             A r t i c l e 10
  Article 45 is amended as follows:
  1 . Paragraph 2 is replaced by the following:
" 2 . An o f f i c i a l may move to a higher category only following a competition."
 2.    The following paragraph 3 is added:
'3. An o f f i c i a l may move from the Language Service to Category A and vice versa
       simply by way of transfer without a competition, subject to a ceiling that may be set each year
       by each institution following consultation of the Joint Committee. General Implementing
       Provisions may, if necessary, be adopted by each institution under Article 110."
                                            A r t i c l e 11
 Footnote (1) in Annex           I  is deleted.
                                            A r t i c l e 12
 Article 3 of Annex VII 1s amended as follows:
 1. In the second paragraph the words "or compulsory" art                   inserted between
       the words "primary" and "educational establishment".
 ---pagebreak---                                           - 10 -
 2.   The first Indent of the third paragraph is             replaced by the following:
     "-anofficial whose place of employment is at least 50 km from a
      European School, provided that the language of the place of employment
      is not the child's mother tongue or main*language*"* *                    V r
 3. The following new indent is inserted after the first indent-of the-
 third paragraph:                                                       • *• -
"-anofficial whose child, for imperative educational reasons duly supported
 by evidence, must *iave primary or secondary level schooling otherthan that
 provided in a European School, adapted to his particular needs."
 4.   The second indent of the third paragraph becomes the third indent.
  The  words "in the country of which he is a national or working in his language"
  are  replaced by the words "working inthe child's mother tongue or mamlanguage" and
  the words "the country of which the official is a national" are replaced by
  the words "the country of employment".
  5.   The following paragraph is-inserted after the third, paragraph:                   *
                  0
  "Exceptionally, the maximum prescribed in the first paragraph
  may be quadrupled in the case of the official referred to in
  the second indent of the third paragraph if he can prove that his child's
  education involves a heavy financial burden.".
  6.   The following paragraph is inserted           after the fourth paragraph:
  "An official in receipt of ? a retirement pension, an invalidity pension, the
  allocances provided for in Articles 41 and 50 of the Staff Regulations or the
 allowance provided for in Article 4 of Council Regulation (ECSC, EEC, Euratom) No 3518/85
  shall continue to receive the education allowance to which he was entitled
  on the day preceding termination of service or temporary suspension of active
  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 to the expatriation allowance.".
 ---pagebreak--- • |i l i|i)im •w»*«*f"'*ff»'W>^W^ff?»
                                                                .'•• ''•!•!'••'<'•;'''•:'•
                                                                     - 11 -
                                                         Chapter I I
                             Amendments to the Conditions of Employment of Other Servants
                                                of the European Communities
                                                          Article 13
               A r t i c l e 81 is replaced by the following:
                                                         " A r t i c l e 81
               1.         Any dispute between the Institution and a member of the local staff serving
               in a Member State of the European Communities shall be submitted to the
               competent court in accordance with the laws in force in the place where the
               servant performs his duties.                      •
                2. Any dispute between the institution and a member of the local staff
                serving in a non-member country shall be submitted to an arbitration
                board under the conditions defined in the arbitration clause contained
                in the servant's contract."              „. ^
                                                         Chapter III
                                                         Final provisions
                                                            Article 14
                This Regulation shall enter into force on the day following that of its
                publication in the Official Journal of the European Communities.
                This Regulation shall be binding in its entirety and directly applicable
                in all Member States.
                Done at Brussels,                                                          For the Council
                                                                                                0
 ---pagebreak---                                  JSb
                     F I C H E     F I N A N C I E R E
les incidences financières de cette proposition se concentrent autour de
l'article 12 (allocations scolaires).       Elles peuvent être évaluées
difficilement, mais en prenant une hypothèse pessimiste, les dépenses
peuvent être chiffrées autour de 500 000 ECUS par an.
Il est à noter que la nouvelle formulation statutaire entraînerait la
suppression du poste budgétaire 3268 (Titre III, partie A ) , avec une
économie de 122 000 ECUS (budget 1989).
             Coût budgétaire :                  500 000 ECUS
             Suppression poste 3268 :           122 000 ECUS
             Dépense supplémentaire             378 000 ECUS
                                  +++++
 ---pagebreak---                                                                                 KSN 0254-1475
                                                                    COM(91) 32 final
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