ext/celex/31962R0031

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 ;

"Whereas it is for the Councils, acting unanimously, in THE COUNCIL OF THE EUROPEAN ATOMIC . co-operation with the Commissions and after ENERGY COMMUNITY, 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 the European European Economic Community, and in particular 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

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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 '

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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

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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 for staff engaged in executive duties which require an the Communities . 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 Category D shall comprise four grades, divided into shall determine who shall exercise the powers career brackets ordinarily containing two grades each conferred by these Staff Regulations on the for staff engaged in manual or service duties which appointing authority. 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 same category or the same service . If the vacancy cannot be filled by transfer, promotion 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.

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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 ( a) within each institution : each category and each service, the number of posts 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 — an Invalidity Committee; such temporary posting, he shall receive a differential 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 2 . The composition and procedure of these bodies the starting grade if he were appointed to the career shall be determined by each institution in accordance bracket of his temporary posting. 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 Monthly Staff Bulletin of the Communities. a member of the staff who is seconded to another 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 and the staff. It shall contribute to the smooth Communities, the elected President of one of the running of the service by providing a channel for the institutions or organs of the Communities or the expression of opinion by the staff. elected Chairman of one of the political groups in 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 of the institution suggestions concerning the If the parent institution of the official and 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 conditions or general living conditions. to have served his entire service career in the 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

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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.

If the spouse of an official i's in gainful employment, An official shall not without the permission of the the official shall inform the appointing authority of appointing authority accept from any government or his institution. Should the nature of the employment from any other source outside the institution to prove to be incompatible with that of the official and which he belongs any honour, decoration , favour, if the official is unable to give -an undertaking that it gift or payment of any kind whatever, except for will cease within a specified period, the appointing services rendered either before his appointment or authority shall , after consulting the Joint Committee, during special leave for military or other national decide whether the official shall continue in his post, service and in respect of such service. 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.

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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 bound by this obligation after leaving the service. Article 16

The provisions of the preceding paragraph shall not An official shall, after leaving the service, continue to apply to an official or former official giving evidence be bound by the duty to behave with integrity and before the Court of Justice of the European discretion as regards the acceptance of certain Communities or before the Disciplinary^ Board of an appointments or benefits. institution on a matter concerning a servant or former servant staff of one of the three European Each institution shall, after consulting the Joint 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 .

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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 status and all reports relating to his ability, When privileges and immunities are in dispute, the efficiency and conduct ; official concerned shall immediately inform the 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 An official's personal file shall contain no reference property to which he or a member of his family is to his political, philosophical or religious views. v subjected by reason of his position or duties.

There shall be only one personal file for each official. It shall compensate the official for damage suffered in 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 service, to acquaint himself with all ' the documents in damage and has been unable to obtain compensation his file . from the person who did cause it.

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.

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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 1 . Candidates thus selected shall be appointed as as to his suitability for the performance of his follows : duties ;

(d) he has, subject to Article 29 (2), passed a — officials in Category A or the Language Service : competition based on either qualifications or to the starting grade of their category or service; tests, or both qualifications and tests, as provided 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 following limits : the performance of his duties.

( 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 — up to one third of the appointments to posts within the institution ; 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 Save in respect of Grade L/A3 , this provision shall be officials of other institutions of the three applied by groups of six posts to be filled in each European Communities ; 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.

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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 Secondment in the interests of the service shall be entitled to resume his duties with the latter forthwith . 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 by the appointing authority; Administrative status ( c) at the end of every six months, the official concerned may request that , his secondment be Article 35 terminated ;

( d) an official on secondment shall be entitled to a Officials shall be assigned one of the following salary differential where , the total remuneration administrative statuses : 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 reimbursement of all additional expenses entailed (b ) Secondment ; by his secondment; ( c) Leave on personal grounds ; (e) an official on secondment shall continue to pay pension contributions based on the salary for ( d) Non-active status, active employment carried by his grade and step (e) Leave for military service. in his parent institution ;

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(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 (b) application for extension shall be made two by him. months before the leave expires ;

(c) another person may be appointed to the post Article 39 occupied by the official ;

(d ) on the expiry of his leave an official must be Secondment at an official's own request shall be reinstated in the first post corresponding to his governed by the following rules : 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 entered on this list. year.

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,

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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 The ability, efficiency and conduct in the service of or service corresponding to his grade which may fall 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 The report shall be communicated to the official. He IV. shall be entitled to make any comments thereon which he may consider relevant. Income received by the official from any new 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 officials it shall be two years . LEAVE FOR MILITARY SERVICE

Article 42 2. An official may be transferred from one service to another or promoted from one category to another only on the basis of a competition. An official who is called up for military service or for 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.

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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 S e c t I o n 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 the appointing authority. (b) compulsory resignation;

(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 by the official in the performance of his duties. Article 48

"When the official's entitlement to the allowance An official wishing to resign shall state unequivocally ceases, he shall be entitled, provided he has attained in writing his intention to leave the service of the the age of fifty-five years, to receive payment of institution definitively. 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.

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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 than twenty-four working days nor more than thirty determined by the appointing authority. Within the working days per calendar year, in accordance with same limits the appointing authority may, after rules to be laid down by common accord of the consulting the Staff Committee, determine the hours institutions of the Communities, after consulting the to be worked by certain groups of officials engaged Staff Regulations Committee. on particular duties.

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 in no case be for less than twelve weeks . and in the Language Service shall carry no right to 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.

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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 which the official performs his duties . REMUNERATION

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's remuneration expressed in the currency An official may not waive his entitlement to of the country where the Community which he serves remuneration . 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% ,

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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 2. In the event of a substantial change in the cost Economic Community and 118 (2) of the Treaty, of living, the Councils shall decide what adjustments establishing the European Atomic Energy shall be made to the weightings, and if appropriate to Community. The weighting applicable to the apply them retrospectively. remuneration of officials employed at the provisional seats of the Communities shall be equal to 100% as 3 . For the purposes of this Article, the Councils at 1 January 1962. shall act by a qualified majority on proposals from the Commissions as provided in the first indent of the Article 65 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 B 3 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 —

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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 to the benefits provided for in the preceding Article 68 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 the preceding paragraphs. Section 2

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.

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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 grant of Bfrs 5500. ( a) In the event of death :

This grant shall also be payable in the event of a Payment to the persons listed below of a lump termination of pregnancy after not less than seven sum equal to five times the deceased's annual months . basic salary calculated by reference to the 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 paid to the head of household only. — to the deceased official's spouse and children 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 bear the costs involved in transporting the body to — where there are no persons of the category the official's place of origin. above, to the other descendants in accordance 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 shall be payable to an official who has completed The benefits listed above may be paid in addition thirty-three years service reckoned in accordance with to the benefits provided for in Chapter 3 . Article 3 of Annex VIII. Where the number of years of service is less than 33 , the above maximum shall be reduced proportionately. 3 . The following shall also be covered in the manner provided for in the rules referred to in The average final salary received by an official is paragraph . 1 : medical, pharmaceutical, hospital, defined as being equal to the average basic annual surgical, prosthesis, radiography, massage, ortho ­ salary at his grade and step for the last three years paedic, clinical and transport expenses and any other before leaving the service. similar expenditure incurred as a result of the 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.

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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 65 ( 1 ) decide to increase remunerations, they shall, Article 79 acting in accordance with the procedure set out in Article 65 (3 ), at the same time decide on an The widow of an official or of a former official shall appropriate increase in pensions . be entitled in the manner provided in chapter 4 of 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 European Economic Community and the European pension . 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 4. Should an actuarial assessment of the pension meaning of Article 2 of Annex VII. 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

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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 Other measures shall be ordered by the' appointing comply with his obligations under these Staff 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 order that he be suspended forthwith. (d) relegation in step ;

(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 suspended came into force. Where no decision has pension ; this provision shall not apply so as to been taken at the end of four months, the official affect those under him . 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

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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.

The appointing authority shall, after consulting the Article 89 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 nature the period shall begin on the date of The request or complaint shall be submitted through publication thereof by the competent authority of the the official's immediate superior, except where it institution, and if the measure affects a specified concerns that person in which case it may be person, the period shall begin on the date of submitted directly to the authority next above. " 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 lodged within a further two months. such person shall be submitted to the Court of 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

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proposal from the Commission of the European Article 97 Atomic Energy Community. By way of derogation from Article 44, an official covered by Article 92 shall, after each period of two Article 94 years, receive an increase in basic salary equal to one half of the increment provided for in the scale shown The following provisions shall apply in addition to 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 Article 98 therefore in all countries . Any invention or discovery 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 Article 45 (2) shall not apply to officials covered by performance of his duties. Where inventions are the Article 92 . subject of patents the name of the inventor or inventors shall be stated . So that the appointing authority may promote the most deserving of the officials covered by Article 92, The institution may in appropriate cases award a exceptions not exceeding one year may in properly bonus, the amount of which shall be determined by circumstantiated exceptional cases, be made as the institution, to an official who is the author of a regards the length of service laid down in the second patented invention. 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

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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 shall be appointed thereto by the appointing Transitional provisions authority. Article 102 This Board shall advise the appointing authority as to the suitability for the duties of their posts of those 1 . A servant of the Communities who is occupying 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 : 3 . Any servant of the Communities employed as (a) he has been in the service of one of the such when these Staff Regulations enter into force, institutions of the Communities for more who has not been expressly or impliedly assigned a than six months when these Staff Regulations grade and step before these Staff Regulations are enter into force ; a servant of the applied to him, shall be assigned such grade and Communities who does not satisfy this step within one year of the date on which these Staff requirement may be appointed for a Regulations enter into force by the appointing probationary period and be established as an authority which may, where appropriate, derogate official as provided in Article 34 ; 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

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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 the total obtained, after deduction of Community confer on him advantages greater than those he 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,

the dependent child allowance, and Article 103 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.

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Article 107 6. An official to whom the provisions of the preceding paragraphs apply shall, if affected by either of the measures in Articles 41 and 40 be credited 1 . An official to whom these Staff Regulations upon starting to draw retirement pension with a have been applied in accordance with these proportion of the number of years of pensionable transitional provisions and who furnishes evidence of having been obliged by reason of his entering the service with which he would have been credited if he had attained the age of sixty-five years. That service of one of the Communities to forfeit in whole 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 calculating his pension rights and the number of obtain the actuarial equivalent of such rights shall be 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 these Staff Regulations, vacancies or newly created 2. The number of years of pensionable service thus posts may be filled by the promotion of officials who credited shall be determined by the appointing do not meet the requirements laid down in Article 45 . authority of the institution to which the official 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 one official more than once during that period. shall not exceed :

— 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 consulting its Staff Committee and the Staff provisions of the preceding paragraphs apply, the 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.

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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 Skilled Worker A 3 Head of Division D 3

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 Division B 2 1 Head of r Senior Administrative Assistant B 3 J Interpretation or Translation Section B 4 ] f Administrative Assistant L/A 4 B 5 Reviser1 L/A 5

L/A 5 Translator Interpreter L/A 6 Category C L/A 7 Assistant Translator C 1 Executive Secretary Assistant Interpreter L/A 8 Principal Secretary Principal clerical officer

C 2 Secretary/Shorthand-typist Clerical Officer . C 3

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 .

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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 Director General C 1 A 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 Scientific or C 2 Technical Officer A 7 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 Laboratory Technician B 3 (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 D 2 J B 2 B 2 D 3 Workshop supervisor f Labourer D 4 J B 3 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 D 4 J B 4

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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 laid down by its chairman ; this period shall not be less Membership of the Staff Committee shall be such as to ensure the representation of all categories of officials and than ten days. of all services provided for in Article 5 of the Staff The opinion shall be communicated in writing to the Regulations and also of the servants referred to in the first appointing authority and to the Staff Committee within paragraph of Article 7 of the Conditions of Employment five days of its adoption. of Other Servants of the Communities. Elections shall be valid only if not less than two thirds of the total number Any member of the Committee may require that his views of officials and of such other servants of the institution as be recorded in the opinion . are entitled to vote take part.

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

The Disciplinary Board or Boards shall consist of a JOINT COMMITTEE chairman and four members. They shall be assisted by a secretary. ■ Article 2

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.

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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 Expenses incurred in connection with the proceedings of chairman of the Disciplinary Board shall, in the presence the Invalidity Committee shall borne by the institution of the official concerned, draw lots from among the to which the official concerned belongs. names in the above-mentioned lists to decide which four 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 employed , the official shall bear the cost of the additional Members of the Disciplinary Board shall not be of a fees entailed , with the exception of first-class travel lower grade than that of the official whose case the Board expenses, which shall be refunded by the institution . is to consider.

The chairman shall inform each member of the composition of. the Board. Article 9

The official may submit to the Invalidity Committee any 3 . Within five days of the formation of the Disciplinary reports or certificates from his regular doctor or from any Board, the official charged may make objection in respect other medical practitioners whom he may have consulted. of any of its members other than the chairman . The Invalidity Committee's conclusions shall be Within the same period any member of the Disciplinary communicated to the appointing authority and to the Board may ask to be excused from serving, provided he 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

Members of the Disciplinary Board shall be completely REPORTS COMMITTEE 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 );

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(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.

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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 "Where an official at the time of leaving the service has not fifteen days or less . 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 day's leave due to him . Annual leave may be taken all at once or in several 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

Where an official is recalled to duty for service reasons Article 3 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.

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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 above shall be added travelling time based on the distance In addition to annual leave, an official may, on by rail between the place of leave and the place of application, be granted special leave. In particular, in the employment, calculated as follows : following cases special leave shall be granted as shown : — 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 — more than 1400 km : four days for the days ; 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 been more than thirty minutes . Within the limits laid down in Article 56 of the Staff 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 .

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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, because of exceptional circumstances, the FAMILY ALLOWANCES responsibilities of a head of household and whose spouse is not in receipt of a similar allowance. Article 1

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 official for children between eighteen and twenty-five (b ) an official of either sex who is widowed, divorced or years of age who are receiving education or vocational unmarried and has one or more dependent children training. within the meaning of Article 2 (2) and (3 ) below ;

(c) by special decision of the appointing authority, a 4. Any person whom the official has a legal married female official, living apart from her husband, responsibility to maintain and whose maintenance who has one or more dependent children within the involves heavy expenditure may, exceptionally, be treated meaning of Article 2 (2) and (3 ) below ; 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 .

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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 1 . An installation allowance equal to two months' basic Communities . 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 of employment and is thereby obliged to change his place Entitlement to this allowance shall commence on the first of residence in order to comply with Article 20 of the day of the month in which the child reaches the age of six 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.

The installation allowance shall be paid on production of EXPATRIATION ALLOWANCE 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 4 . An official who is a head of household and does not salary shall be paid : 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 where his family resides before his family has settled at — who during the five years ending _ six months the place where he is employed, he shall not thereby be before they entered the service did not habitually 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 date of entering it shall, on leaving the service, refund account ; 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.

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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 or couchette, on production of the relevant ticket. 2 . In the event of the death of an established official, 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 An official's place of origin shall be determined when he reference to the official's marital status and salary at the takes up his appointment, account being taken of where date of termination of service. 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 household, for his spouse and dependants within the travel expenses for himself, his spouse and his dependents 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 from changes in family status after the date of payment of (c) on any transfer involving a change in the place where the " sums in question shall not render the official he is employed. concerrfed liable to make repayment. In the event of the death of an official , the widow and Travel expenses for children aged four to ten years shall dependants shall be entitled to reimbursement of travel be calculated on the basis of half fare, the children being expenses under the same conditions . 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 first-class return ticket by rail in the case of officials in 2 . The basis for the calculation of reimbursement shall Categories A and B and in the Language Service and of a be : 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 .

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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 Where the deceased official was unmarried, the expenses than nine months of that year, be entitled only to part of 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).

Removal expenses arising after the expiry of the time 1 . The expenses incurred in respect of removal of limits set out above shall be reimbursed only in furniture and personal effects, including the cost of exceptional cases and by special decision of the insurance against ordinary risks (breakage, theft, fire), appointing authority. shall be reimbursed to an official who is obliged to 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 places in Belgium , L/A 4 to L/A 8 450 200 300 125 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

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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 institution or officials of a higher grade on a given allowance in accordance with the following provisions. mission may, on production of tickets, be reimbursed the cost of the journey in the same class as that used by the An official who receives a differential allowance under most senior member or official for that journey. Article 7 (2) of the Staff Regulations shall be entitled to reimbursement of travel expenses and to daily subsistence By special decision of the appointing authority, an official allowance payable to an official in his acting grade. 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.

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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 A4 to A 8 , Grades Al to A3 L/ A4 to L/A8 Other grades and L/ A3 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 expenses up to a quarter of the daily subsistence a hotel bill is not produced, a fixed sum of Bfrs 175 shall allowance ; be paid ' to the official, except where he has incurred 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 — for any further period of twelve hours or less, but serves . 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

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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 2. Where remuneration is not due in respect of a allowance provided. complete month, the amount shall be divided into thirtieths, and 7. Where the mission is expected to last for at least 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 expatriation allowance commences after the date of 8 . Where an official on mission has a meal provided or entering the service, the official shall receive these from reimbursed by the institution to which he is attached : 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 1 . Payment shall be made to each official at the place Article 14 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 ;

— or in the currency of the Member State of the 2 . In the case of officials who, as a result of special Communities in which either his own domicile or the instructions, occasionally incur entertainment expenses for place of residence of a dependent relative is located. official purposes, the amount of the entertainment 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.

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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 :

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( 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 — be deferred until the first day of the calendar month pursuant to Article 12 or received by him by way of following that in which he reaches the age of sixty ; or retirement pension, plus compound interest at the rate of 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 an increase in pension equal to 5% of the amount of 55 0-69 582 'se pension rights acquired by him at the age of sixty years, 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.

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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 Subject to the provisions of Article 1 ( 1 ), an official aged either : 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 career bracket, and who is obliged on these grounds to — the sums repaid to him from the pension fund of the end his service with the Community which he serves, shall government administration, organisation or undertak ­ be entitled, for so long as such incapacity persists, to an ing at the date of his leaving its service. 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 While an official drawing invalidity pension is aged less cannot benefit from the provisions of Article 11 ( 1) shall 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 Survivor's pension period of former service shall likewise be deemed to 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

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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 In the case envisaged in the second paragraph, ascendants retirement pension which he was receiving at the time of who are recognized as being dependants as provided in his death. Article 2 of Annex VII to the Staff Regulations shall be treated in the same way as dependent children and, for The duration of the marriage shall not be taken into the purpose of calculating the apportionment, included in account if there are one or more children of a marriage the category of descendants. contracted by the official before he left the service, provided that the widow maintains or has maintained those children . Article 23

The husband of a deceased female official may, provided Article 19 that he has no income of his own and subject to evidence that at his wife's death he -was permanently incapacitated Where a former official was in receipt of invalidity by invalidity or serious illness from engaging in gainful pension his widow shall be entitled, provided that she was employment, receive : married to him when be became eligible for the pension, 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.

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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 official in active employment whose whereabouts are — 2% for the years twenty up to but not including unknown for more than one year may provisionally twenty-five; 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 unknown for more than one year. Article 27

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 Provisional pensions under Articles 30, 31 and 32 shall be divorce found that the official was solely to blame. This converted into definitive pensions when the death of the entitlement shall cease if she remarries before her former official or pensioner has been duly confirmed or he has husband dies. The provisions of Article 26 shall apply if been legally declared missing, presumed dead. she remarries after her former husband dies .

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 the Staff Regulations shall apply to persons in receipt of a not remarried shall not be more than the amount of the provisional pension . maintenance awarded to her under the decree . 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

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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 .

They shall be liable to modification or withdrawal if the Salaries shall in all cases be subject to deduction of the award was contrary to the provisions of the Staff contribution to the pension scheme provided for in Regulations or of this Annex. Articles 77 to 84 of the Staff Regulations.

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 45 of any facts liable to affect their entitlement. Article 38

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 Where an official has been deprived, in whole or in part, interest at the request of the official concerned or of those of his pension rights under Article 86 of the Staff entitled under him . Regulations, he shall be entitled to claim reimbursement in proportion to the amount by which his pension has been reduced of the pension contributions he has paid. . Article 39

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 salary increases for use in calculating the actuarial values PAYMENT OF BENEFITS 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.

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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 paragraph of Article 77 of the Staff Regulations, to opt for CHAPTER 8 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.

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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 court has given its decision. Article 3 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 signed by all members of the Disciplinary Board . Article 6

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 of disciplinary proceedings, in particular fees to a person side . 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 .

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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

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 groups in the European Parliament . These Conditions of Employment shall apply to 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, for the performance of full-time or part-time — special advisers, or 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 — exceptionally, officials or temporary staff in budget relating to each institution and which the 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

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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 Article 6 that section of the budget.

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.

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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 (e) he produces evidence of a thorough knowledge of fixed in accordance with the second paragraph of one of the languages of the Communities and of a Article 93 of the Staff Regulations. 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 .

Article IS CHAPTER 3

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 : Articles 66 to 61 of the Staff Regulations, concerning ( a) he is a national of one of the Member States of hours of work, overtime, leave and public holidays, the Communities, unless an exception is shall apply by analogy. authorised by the authority referred to in the first 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 length of time, which must in any event be not less (b) he has fulfilled any obligations imposed on him than one month, worked by the servant. The leave by the laws concerning military service ; 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

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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 A member of the temporary staff' who has been at ■ remuneration throughout the period during which he one step in his grade" for two years shall is incapable of working until such time as he is automatically advance to the next step in that grade. awarded an invalidity pension under Article 33 .

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.

Subject to Articles 23 to 26, a member of the Any period of leave granted in accordance with the temporary staff shall be entitled, in accordance with preceding paragraph shall not count for purposes of 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

1 . A member of the temporary staff engaged for a CHAPTER 5 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 contract is for an indefinite period, shall receive an Article 19 installation allowance as provided in Article 5 of Annex VII to the Staff Regulations amounting, for an The remuneration of temporary staff shall comprise . expected period of service of: basic salary, family allowances and other allowances .

not less than one year but less than , , , . , Article 20 ^ „ 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

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 350 L/A8 Cat. B 525 225 150 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 300 450 200 125 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. 425 175 100 2 75 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 The authority referred to in the first paragraph of allowance received by him since the end of the Article 6 shall in such case determine the maximum fourth month in the case of a servant who is not a amount to which the servant is entitled , applying head of household ; 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 5 . The daily subsistence allowance provided for in head of household 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.

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■ 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

Temporary staff are insured in accordance with the Section A 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 Section shall be suspended if the remuneration which Article 28 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 Where the medical examination made before a pension or survivor's pension . servant is engaged shows that he is suiifering from sickness or invalidity, the authority referred to in the If, however, the medical examination provided for in first paragraph of Article 6 may, in so far as risks Article 13 show the servant to be suffering from arising from such sickness or invalidity are sickness or invalidity, the authority referred to in the concerned, decide to admit him to guaranteed first paragraph of Article 6 may decide that expenses benefits in respect of invalidity or death only after a arising from such sickness or invalidity are to be period of five years from the date of his entering the excluded from the reimbursement of expenditure 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 1 . A servant suffering from total invalidity who is sickness scheme, without being required to contribute obliged for that reason to leave the service of the thereto, for a period of not more than sixty days after the expiry of his contract or while he is suffering institution shall be entitled to an invalidity pension equal to 60% of his last basic monthly salary. The from protracted serious illness contracted during his pension shall not be less than 120% of the minimum employment. 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 .

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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 pursuance of Article 42 . Article 36

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.

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"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

Any sum overpaid may be recovered if the recipient Section D was aware that there was no due reason for the payment or if the fact of the overpayment was FUNDING OF THE SOCIAL SECURITY SCHEME 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 (b) at the end of the period of notice specified in the budgetary authority ; no other institution may, the contract, where the latter contains a under any description whatsoever, pay the benefits clause giving the servant or the institution the out of its own funds . 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.

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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, ( d ) if the servant ceases to satisfy the requirements moreover, be suspended during maternity or of Article 12 (2) ( a) and ( d ). However, if the sick leave subject to the limits aforesaid ; 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 ;

( e) if the servant is unable to resume his duties at Article 48 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, whether intentionally or through negligence on their accordance with the second paragraph of part. A reasoned decision shall be taken by the Article 14 ; 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 :

( a) to limit the severance grant provided for in In the latter case the servant concerned : 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 ( b) to withhold in whole or in part the resettlement length of service, up to a maximum of three allowance provided for in Article 24 (2). months ;

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 determining factor in his being engaged. contract .

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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 .' I Researcher with a high degree of A 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 ; Experienced translator or in ­ The contracts of auxiliary staff may be for a fixed or 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).

C VI Experienced secretary ; . ( a) if the servant is engaged to replace an official or a Experienced office worker; member of the temporary staff who is unable for VII Secretary, typist or telephonist; the time being to perform his duties, the period 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.

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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 requirements of the service, for a member ' of the CHAPTER 3 auxiliary staff to be given leave as provided in the preceding paragraph during his employment, any Conditions of engagement days of leave not taken shall be paid for as extra days worked. Article 55

In addition to such leave, a member of the auxiliary 1 . A member of the auxiliary staff may be engaged staff may, in exceptional circumstances and at his only on condition that: 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 auxiliary staff. Article 58 of the Staff Regulations, as to his suitability for the performance of his 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 Articles 60 and 61 of the Staff Regulations, person concerned should produce documentary concerning unauthorised absence and public evidence that he fulfills these conditions where his holidays, shall apply by analogy. engagement is for not more than three months.

Article 56 CHAPTER 5 The contract of a member of the auxiliary staff shall Remuneration and expenses specify in particular :

( 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.

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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) In the case of auxiliary staff paid by the day, the Class 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

Auxiliary staff to whom Article 25 applies shall be B IV 13 850 15 450 17 050 18 650 entitled throughout the term of their contract to the V 9 700 10 700 . 11700 12 700 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 affiliated to such a social security scheme, or for two Articles 1 , 2 and 4 of Annex VII to the Staff thirds of the servant's contributions where he remains Regulations, concerning payment of family and voluntarily affiliated to the national social security expatriation allowances, shall apply by analogy. 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 paragraph 1 . Provisions for applying the • foregoing Articles 7, 11 , 12 and 13 of Annex VII to the Staff shall be laid down by agreement between the Regulations, concerning the reimbursement of travel institutions after consulting the Staff Regulations expenses and mission expenses, shall apply by Committee provided for in Article 10 of the Staff analogy. 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.

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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 2 . may be terminated by the institution without patently such that he could not have been unaware of notice : it. ( 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 capacity when his period of service is over. In Appeals 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), his contract may be terminated only if he is Article 74 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 of two days for each completed month of ( a) on the date stated in the contract; 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

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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 Before the contract is finally . concluded there shall be paragraph of Article 6. The contract of. a special an exchance of views with the competent budgetary adviser shall be for a term not exceeding two years . It authority on the proposed remuneration if within one shall be renewable. 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 .

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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 authorised by the authority referred to in the first The grading of establishment staff of the Joint Nuclear Research Centre shall be stated in their paragraph of Article 6, and enjoys his full rights as a citizen ; contract . (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 ;

(c) he is physically fit to perform his duties ; and Article 87 (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.

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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 (2) of the Treaty establishing the European Atomic A member of the establishment staff of the Joint Energy Community and taking into account local Nuclear Research Centre shall serve a probationary practice, shall determine : period of from three to six months, during which his 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 kind to which they shall be entitled. the establishment staff shall be established in his post.

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 specified in the first indent of the second Article 92 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 .

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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 considers such public office to be incompatible Article 97 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 maternity leave or sick leave, provided such sick 1 . without notice : 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 the temporary staff under these Conditions of into force . 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 .

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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 .