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 (presented by the Commission)

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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                          COM(88 ) 776 final
                                          Brussels , 11 January 1989
                               Proposai for a
                             COUNCIL REGULATION
      amending the Staff Regulations of Officials and the Conditions
        of Employment of Other Servants of the European Communities
                       ( presented by the Commission )
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                       REVISION OF THE STAFF REGULATIONS
                             EXPLANATORY MEMORANDUM
For the reasons outlined below , a number of changes need to be made to
the Staff Regulations in order to ensure the rational management of
human resources and to encourage staff mobility .
1.   Organization o f interinstitutional competi tions
The need to lay down a set of rules for interinstitutional competitions
guaranteeing uniform conditions for the recruitment of high-calibre
staff and enabling the pooling of resources allocated from the budget
to the different institutions has been stressed on a number of occasions ,
in particular by the European Parliament .     It is now necessary to make
full provision for such rules in the Staff Regulations .
The amendment to Article 2 , the amendments to Article 9 and to Articles 2
and 3 of Annex II making provision for a common Joint Committee , and the
amendment to Article 3 of Annex III on the composition of selection
boards have been drafted with this in mind .
2.   Management of common schemes
The amendment to Article 2 will also provide the Legal basis for a
 single appointing authority common to all the institutions where this
proves necessary ( management of common schemes for sickness insurance ,
 pensions , etc .).
                                                                               4-3
 ---pagebreak--- 3.   Additional seniority for temporary staff appointed probationer
     officials
In view of the situation arising out of certain judgments of the
Court of Justice , the provisions relating to seniority should take
account of the special situation of members of the temporary staff
appointed probationer officials .     Hence the addition of a third
paragraph to Article 32 enabling the limits set in the second
paragraph to be exceeded within a certain ceiling .
4.   Length of probationary period
In some instances the present probationary period has proved too
short for the institutions to form a detailed opinion of the
official 's professional competence .    The new Article 34 , which also
incorporates the results of the concertation meetings with the trade
unions and staff association , would increase the length of the
probationary period and provide for further extension in difficult
cases subject to the opinion of the Reports Committee .
There is also provision for increased compensation for officials
dismissed following a probationary period of more than twelve months .
 5.   Secondment of officials to temporary posts
 There is very little scope for such secondments at present despite
 the upward trend in the number of temporary posts due mainly to
 budgetary problems .   Hence the proposal to add a third indent to
 Article 37(1)(a ) to increase its scope , and thus permit more dynamic
 and flexible management and increased mobility for staff paid from
 the research appropriations .
 ---pagebreak---                                     - 3 -
6.   Mobility between services
The draft proposal also included an article designed to increase
mobility between services by adding a new third paragraph to
Article 45 enabling officials to transfer from the Language Service
to Category A arid vice versa .
A majority of the Staff Regulations Committee opposed this article .
The fact remains / however / that mobility between services could help
to ensure that optimum use is made of the human resources available
to the institutions .    The fact of belonging to a particular service
should not be an obstacle , since the procedure for filling posts
should be based on an assessment of the qualifications and career
profiles of candidates .
It should be noted , however , that the staff structure at the Commission
( administrative grades plus a language service ) is very different
from that of the other institutions .     This may explain the strong
reservations expressed by the latter during the vote in the Staff
Regulations Committee and at the meeting of Heads of Administration .
One possible way of taking account of this    situation without losing
sight of the objective pursued would be to    devise a formula which
would make it possible to allow moves from    one service to another by
 straightforward transfer , within a ceiling   laid down by the institution
 concerned each year .
 This compromise solution was in fact put forward in the cause of
 discussions in the Staff Regulations Committee , but failed to secure
 the required majority .
 ---pagebreak---                                   - 4 -
The fact remains that this approach would allow the institutions a wide
margin of discretion in achieving their specific staff policy aims and
dealing with the constraints imposed by staff structures .
Each institution would therefore be free to define the scope of this
clause in the light of its specific requirements .
7.   Career of taw clerks at the Court of Justice
Experience has shown that footnote 1 to Annex I imposes excessive
constraints on the recruitment and career prospects of law clerks at
the Court of Justice .   It is accordingly deleted by ArticLe 11 of the
proposal .
8.   Education allowance
The proposal to revise Article 3 of Annex VII 1s designed to incorporate
improvements based on experience and , in particular , to bring the text
 into line with educational developments in certain Member States .
9.   Jurisdiction in disputes between the institutions and local staff
     outside the Community
 The proposed amendment to Article 81 of the Conditions of Employment of
Other Servants is designed to provide for arbitration in the event of
 disputes between the institution and local staff serving in a non-member
 count ry .
 ---pagebreak---               Proposai for a Council Régulation
           amending 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 aopointing 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
the 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 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 ;
                                                                             É
 ---pagebreak---                                             3 -
    Whereas Articles 2 and 3 of Regulation ( EEC , Euratom, ECSC )                   2
    No 259/ 68, 1 as last amended by Regulation ( Euratom, ECSC , EEC ) No 2339/ 88,
    lay down the Staff Regulations of Officials and the Conditions of Employment
    of Other Servants of the European Communities respectively ;
    HAS ADOPTED 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 with 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 .
    20J L 204, 29.07.1988, p. 5 .
                                                                                        ?
 ---pagebreak---                                           4
3 . The following is added to Article              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 sit 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 referred 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 cf the common Joint Committee shall be valid only if all
members or , in their absence , 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 in the opinion of the Joint Committee ."
 ---pagebreak---                                         6
                                    Artide 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 .".
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 :
                                                                                           .4°
 ---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 in Grades A1 and A2 shall serve a
 probationary period before they can be established . The period shall be
 nine months for officials in all categories or grades .
 Where during his probationary period an official is prevented , by sickness ,
 maternity leave under Article 58, or accident , from performing his duties
 for a continuous period of one month or more , the appointing authority may
 extend his probationary period by the corresponding length of time .
 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
 the 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 a period 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 end of
  the probationary period , giving him one month 's notice ; the period of service
 may not , however , exceed the normal probationary period .
 ---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 Committee1 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 lerath 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 end of their probationary period ."
                                                                                п
 ---pagebreak---                                         Artide 9
 The following third indent is added to Article 37(1 ) ( a ):
      to serve temporarily in a post which is included in the list of posts
      financed from the research and investment appropriations and which the
      budgetary authorities have classified as temporary .".
                                        Article 10
  Article 45 is amended as follows :
  1 . Paragraph 2 is replaced by the following :
" 2 . An official may move to a higher category only following a competition ."
 2 . The following paragraph 3 is added :
'3 . An official may move from the Language Service to Category A and vice
      versa by straightforward transfer not involving a competition , subject
      to a ceiling set each year by the institution concerned following
      consultation of the Joint Committee ."
                                        Article 11
 Footnote ( 1 ) in Annex    I  is deleted .
                                        Article 12
 Article 3 of Annex VII is amended as follows :
 1 . In the second paragraph the words "or compulsory " are inserted between
      the words " primary " and " educational establishment ".
                                                                                Al
 ---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 main language ."
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 have primary or secondary level schooling other than 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 1s a national or working in his language"
 are replaced by the words " working in the child 's main language " 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 :
 " 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---                                             11
                                   Chapter II
          Amendments to the Conditions of Employment of Other Servants
                           of the European Communities
                                     Article 13
Article 51 is replaced by the following :
                                    " Article 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 ."            .    TTT
                                     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 Counci l
 ---pagebreak---                       FICHE       FINANCIERE
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
                                   +++++