Procedure : 2011/0455(COD)
Document stages in plenary
Document selected : A7-0156/2012

Texts tabled :

A7-0156/2012

Debates :

Votes :

PV 02/07/2013 - 7.2

Texts adopted :

P7_TA(2013)0287

REPORT     ***I
PDF 720kWORD 1135k
3 May 2012
PE 480.807v02-00 A7-0156/2012

on the proposal for a regulation of the European Parliament and of the Council amending the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Union

(COM(2011)0890 – C7-0507/2011 – 2011/0455(COD))

Committee on Legal Affairs

Rapporteur: Dagmar Roth-Behrendt

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 OPINION of the Committee on Budgets
 OPINION of the Committee on Budgetary Control
 OPINION of the Committee on Women's Rights and Gender Equality
 PROCEDURE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council amending the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Union

(COM(2011)0890 – C7-0507/2011 – 2011/0455(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to Parliament and the Council (COM(2011)0890),

–   having regard to Article 294(2) and Article 336 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0507/2011),

–   having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–   having regard to the opinion of the Court of Justice of 22 March 2012(1)

–   having regard to the opinion of the Court of Auditors of 1 March 2012(2)

–   having regard to Rule 55 of its Rules of Procedure,

–   having regard to the report of the Committee on Legal Affairs and the opinions of the Committee on Budgets, the Committee on Budgetary Control and Committee on Women's Rights and Gender Equality (A7-0156/2012),

1.  Considers that no political agreement on staff reductions in Union institutions and bodies should impair its budgetary prerogatives in the context of other procedures, such as the annual budgetary procedure and upcoming negotiations on the 2014-2020 multiannual financial framework; will strongly oppose any attempt to pre-empt the outcome of such negotiations;

2.  Believes that the Commission proposal, which mainly tries to make savings to the detriment of staff in low grades, is problematic in terms of social justice;

3.  Adopts its position at first reading hereinafter set out;

4.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

5.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment  1

Proposal for a regulation

Recital -1 (new)

Text proposed by the Commission

Amendment

 

(-1) The Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Union should complement regulations on administrative procedures in achieving the objective laid down in Article 298 of the Treaty on the Functioning of the European Union, by ensuring that in carrying out their missions, the institutions, bodies, offices and agencies of the Union have the support of an open, efficient and independent European administration.

Amendment  2

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(1) The European Union and its more than 50 institutions and agencies should be equipped with a high-quality European public administration, so as to enable it to perform its tasks to the highest possible standard in accordance with the Treaties and to meet the challenges, both internal and external, that it will face in the future.

(1) The European Union, and its more than 50 institutions and agencies, should continue to be equipped with a high-quality European public administration, so as to enable it to achieve its objectives, implement its policies and activities and perform its tasks to the highest possible standard in accordance with the Treaties to meet the challenges, both internal and external, that it will face in the future and to serve the citizens of the Union.

Amendment  3

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

(2) Consequently, it is necessary to provide a framework for the recruitment of high calibre staff in terms of productivity and integrity, drawn on the widest possible geographical basis from among citizens of the Member States, and to enable such staff to carry out their duties as effectively and efficiently as possible.

(2) Consequently, it is necessary to ensure a framework for attracting, recruiting and maintaining highly qualified and multilingual staff, drawn on the widest possible geographical basis from among citizens of the Member States, and with due regard to gender balance, who are independent and adhere to the highest professional standards, and to enable such staff to carry out their duties as effectively and efficiently as possible. In that respect, it is necessary to overcome the current difficulties experienced by the institutions in recruiting officials or staff from certain Member States.

Amendment  4

Proposal for a regulation

Recital 2 a (new)

Text proposed by the Commission

Amendment

 

(2a) Given the very limited size of the European civil service when measured against the objectives of the Union and its population, a decrease in the number of staff of the institutions and agencies of the Union should not lead to any impairment of the performance of their tasks, duties and functions in accordance with the obligations and powers under the Treaties. In this regard, there is a need for greater transparency of the personnel costs incurred by each institution and agency with respect to all categories of staff employed by them.

Amendment  5

Proposal for a regulation

Recital 2 b (new)

Text proposed by the Commission

Amendment

 

(2b) The European civil service is expected to live up to the highest standards of professional ethics, and to remain independent at all times. To this end, Title II of the Staff Regulations, which provides a framework for rights and obligations, should be further clarified. Any failure by officials or former officials to comply with these obligations should make them liable to disciplinary action.

Amendment  6

Proposal for a regulation

Recital 2 c (new)

Text proposed by the Commission

Amendment

 

(2c) Recruitment should ensure that staff are employed according to the broadest geographical basis from among the nationals of all Member States. To that end, the Commission should regularly report to the European Parliament and to the Council on possible imbalances between nationalities. After a five-year period of assessment, the institutions should be given the possibility to take corrective measures in the case of a long lasting and significant imbalance between nationalities among their officials which is not justified by objective criteria. Corrective measures should be defined by delegated acts adopted by the Commission and implemented by the institution concerned on the basis of general implementing provisions which it adopted previously. Those measures should never result in recruitment criteria other than those based on merit.

Amendment  7

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(3) A broader aim should be to optimise the management of human resources in a European civil service characterised by competence, independence, loyalty, impartiality and stability, as well as by cultural and linguistic diversity.

(3) A broader aim should be to optimise the management of human resources in a European civil service characterised by its excellence, competence, independence, loyalty, impartiality and stability, as well as by cultural and linguistic diversity and attractive recruitment conditions.

Amendment  8

Proposal for a regulation

Recital 3 a (new)

Text proposed by the Commission

Amendment

 

(3a) While the amendments to the Staff Regulations introduced by this Regulation will result in some savings for the Union budget, they should in no way pre-empt upcoming decisions on changes in the staffing of Union institutions and agencies, which fall within the sole remit of the budgetary authority.

Justification

The EP as Budgetary Authority is responsible for any decision on EU institutions' administrative budget and establishment plans in the context of the annual budget procedure. Any staff reduction objective should not pre-empt the decisions of the budgetary authority in this context, nor the outcome of upcoming negotiations on 2014-2020 MFF. This is all the more crucial that the impact of any significant staff reductions on the quality of the institutions' work should be thoroughly assessed before any political commitment can be taken in this field.

Amendment  9

Proposal for a regulation

Recital 3 b (new)

Text proposed by the Commission

Amendment

 

(3b) Officials should serve a nine-month probationary period. When deciding on the establishment of an official, the appointing authority should rely not only on the report on the probationary period but also on the probationer’s conduct with respect to his obligations under the Staff Regulations. It should be possible for a report on the probationer to be made at the latest five months after the start of the probationary period if the work of the probationer has proved obviously inadequate. Otherwise a report should only be made at the end of the probationary period.

Amendment  10

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(4) In the interest of guaranteeing that the purchasing power of European Union officials and other servants develop in parallel with that of national civil servants in central governments of the Member States, it is essential to preserve the principle of a multi-annual mechanism for pay, known as ‘the method’, by extending its application until the end of 2022 with a review at the end of the fifth year. The discrepancy between the mechanism of the method which has always been administrative in nature and the adoption by the Council alone of the result of the method led to difficulties in the past and is not in line with the Treaty of Lisbon. It is therefore appropriate to let the legislators decide in adopting these amendments to the Staff Regulations upon a method that would update annually all salaries, pensions and allowances in an automatic manner. This update will be based upon the political decisions taken by each Member States for salary adjustment of its civil servants at the national level.

(4) In the interest of guaranteeing that the purchasing power of European Union officials and other servants develop in parallel with that of national civil servants in central governments of the Member States, it is essential to preserve the principle of a multi-annual mechanism for pay, known as ‘the method’. The discrepancy between the mechanism of the method which has always been administrative in nature and the adoption by the Council alone of the result of the method led to difficulties in the past and is not in line with the Treaty of Lisbon. It is therefore appropriate to let the legislators decide in adopting these amendments to the Staff Regulations upon a method that would update annually all salaries, pensions and allowances in an automatic manner. This update will be based upon the political decisions taken by each Member States for salary adjustment of its civil servants at the national level.

Amendment  11

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

(6) The potential advantages for officials and other servants of the European Union of the application of the method should be balanced by the continuation of the system of special levy, to be renamed as 'solidarity levy'. While the rate of the special levy in force during the period from 2004 to 2012 increased gradually over time and averaged at 4.23 %, it seems appropriate in the present circumstances to increase the solidarity levy at the uniform rate of 6%, so as to take account of a difficult economic context and its ramifications for public finances throughout the European Union. Such a solidarity levy should apply to all officials and other servants of the European Union for the same period as the 'method' itself.

(6) The potential advantages for officials and other servants of the European Union of the application of the method should be balanced by the continuation of the system of special levy, to be renamed as ‘solidarity levy’. While the rate of the special levy in force during the period from 2004 to 2012 increased gradually over time and averaged at 4.23 %, it seems appropriate in the present circumstances to increase the solidarity levy at the uniform rate of 6%, so as to help finance the Union’s growth and employment policies from the Union's budget and to take account of a difficult economic context and its ramifications for public finances throughout the European Union. Such a solidarity levy should apply to all officials and other servants of the European Union for the same period as the ‘method’ itself.

Amendment  12

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(7) Demographic changes and the changing age structure of the population concerned require that the pension age be increased, subject however to transitional measures for officials and other servant of the European Union already in service. These transitional measures are necessary to respect acquired rights of officials already in service who have contributed to the notional pension fund for European Union officials.

(7) Demographic changes and the changing age structure of the population concerned require that the pension age be increased, subject however to transitional measures for officials and other servant of the European Union already in service. These transitional measures are necessary to respect acquired rights of officials already in service who have contributed to the notional pension fund for European Union officials. The pension age should also be made more flexible by making it easier for staff to continue to work voluntarily until the age of 67 and by making it possible, in exceptional circumstances, to work until the age of 70.

Amendment  13

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(11) Taking this request into account, it is appropriate that promotion to a higher grade should be made conditional on performing duties whose importance justifies the official's appointment to that higher grade.

(11) Taking this request into account, it is appropriate that promotion to a higher grade should be made conditional on personal dedication, improving skills and competences, and performing duties whose importance justifies the official's appointment to that higher grade.

Amendment  14

Proposal for a regulation

Recital 13

Text proposed by the Commission

Amendment

(13) With a view to adjusting career structures in the current domains of AST staff even further to different levels of responsibility and as an indispensable contribution to limiting administrative expenses, a new function group ‘AST/SC’ for secretarial and clerical staff should be introduced. Salaries and promotion rates establish a suitable correspondence between the level of responsibility and the level of remuneration. In this way it will be possible to preserve a stable and comprehensive European civil service.

(13) With a view to adjusting career structures in the current domains of AST staff even further to different levels of responsibility and as an indispensable contribution to limiting administrative expenses, a new function group ‘AST/SC’ for secretarial and clerical staff should be introduced. Salaries and promotion rates should establish a suitable correspondence between the level of responsibility and the level of remuneration. In this way it will be possible to preserve a stable and comprehensive European civil service. The Commission should assess and report on the scale and effects of introducing this new function group, taking particular account of the situation of women, so that the preservation of a stable and comprehensive European civil service can be ensured.

Amendment  15

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

(14) Working hours applied in the institutions should be aligned to those in force in certain of the Member States of the European Union to compensate for the reduction of staff in the institutions. The introduction of a minimum number of weekly working hours will ensure that the staff employed by the institutions is able to carry out the work-load resulting from the European Union's policy objectives while, at the same time, harmonising working conditions in the institutions, in the interest of solidarity throughout the European Union's civil service.

(14) Working hours applied in the institutions should be aligned to compensate for the reduction of staff in the institutions. This alignment should take into account the working hours applied in the civil service of Member States. The introduction of a minimum number of weekly working hours will ensure that the staff employed by the institutions is able to carry out the work-load resulting from the European Union's policy objectives while, at the same time, harmonising working conditions in the institutions, in the interest of solidarity throughout the European Union's civil service.

Amendment  16

Proposal for a regulation

Recital 19

Text proposed by the Commission

Amendment

(19) It is appropriate to provide a more flexible framework for the employment of contract staff. The institutions of the European Union should therefore be enabled to engage contract staff for a maximum period of six years in order to perform tasks under the supervision of officials or temporary staff. In addition, while the vast majority of officials will continue to be recruited on the basis of open competitions, the institutions should be authorised to organise internal competitions which are also open to contract staff.

(19) It is appropriate to provide a more flexible framework for the employment of contract staff. The institutions of the European Union should therefore be enabled to engage contract staff for a maximum period of five years in order to perform tasks under the supervision of officials or temporary staff. In addition, while the vast majority of officials will continue to be recruited on the basis of open competitions, the institutions should be authorised to organise internal competitions which are also open to contract staff.

Amendment  17

Proposal for a regulation

Recital 20 a (new)

Text proposed by the Commission

Amendment

 

(20a) Like other staff under the Staff Regulations, Agencies' staff is covered by the EU pension scheme. Agencies which are fully auto-financed currently pay the employers' contribution to the scheme. In order to ensure budgetary transparency and a more balanced burden sharing, agencies which are partially financed from the general budget of the European Union should pay the part of the employers' contributions which corresponds to the proportion between the agency's revenues without the subsidy from the general budget of the European Union and its total revenues. As this new provision may require the adjustment of the relevant rules on the fees collected by the agencies, it should only apply as of 1 January 2016. Where appropriate, the Commission should submit proposals for the adaptation of these rules.

Amendment  18

Proposal for a regulation

Recital 22

Text proposed by the Commission

Amendment

(22) A register of all of the rules adopted to give effect to the Staff Regulations should be set up and administered within the Court of Justice of the European Union. This register, which can be consulted by all institutions and agencies, will allow for transparency and promote a cohesive application of the Staff Regulations.

(22) A register of all of the rules adopted to give effect to the Staff Regulations, including authorisations for derogations, should be set up and administered within the Court of Justice of the European Union. This register, which can be consulted by all institutions and agencies, will allow for transparency and promote a cohesive application of the Staff Regulations.

Amendment  19

Proposal for a regulation

Recital 26

Text proposed by the Commission

Amendment

(26) The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council,

(26) The Commission, when preparing and drawing-up delegated acts, must ensure a simultaneous, timely and appropriate transmission of all the relevant documents to the European Parliament and Council,

Amendment  20

Proposal for a regulation

Article 1 – point 1 a (new)

Staff Regulations

Article 1d – paragraph 4 – subparagraph 1

 

Text proposed by the Commission

Amendment

 

1a. In Article 1d(4), the first subparagraph shall be replaced by the following:

 

"4. For the purposes of paragraph 1, a person has a disability if he has a long-term physical, mental, intellectual or sensory impairment which, in interaction with various barriers, may hinder his full and effective participation in society on an equal basis with others. The impairment shall be determined according to the procedure set out in Article 33."

Justification

The amendment seeks to align the definition of persons with disabilities provided for in Article 1d of the Staff Regulations with the definition used in Article 1 of the UN Convention on the Rights of Persons with Disabilities.

Amendment  21

Proposal for a regulation

Article 1 – point 1 b (new)

Staff Regulations

Article 1 d – paragraph 4 - subparagraph 3 a (new)

 

Text proposed by the Commission

Amendment

 

1b. In Article 1d(4), the following subparagraph shall be added:

 

"The principle of equal treatment shall not prevent the appointing authorities of the institutions from maintaining or adopting measures providing for specific advantages in order to make it easier for persons with disabilities to pursue a vocational activity or in order to prevent or compensate for disadvantages in their professional careers."

Amendment  22

Proposal for a regulation

Article 1 – point 1 c (new)

Staff Regulations

Article 1 e – paragraph 1

 

Text proposed by the Commission

Amendment

 

1c. In Article 1e, paragraph 1 shall be replaced by the following:

 

'1. Officials in active employment shall have access to measures of a social nature, including specific measures to reconcile working life with family life, adopted by the institutions and to services provided by the social welfare bodies referred to in Article 9. Former officials may have access to limited specific measures of a social nature."

Amendment  23

Proposal for a regulation

Article 1 – point 3

Staff Regulations

Article 6

 

Text proposed by the Commission

Amendment

1. The establishment plan appended to the section of the budget related to each institution shall indicate the number of posts in each grade and function group.

1. The establishment plan appended to the section of the budget related to each institution shall indicate the number of posts in each grade and function group.

Each institution's establishment plan shall reflect the obligations set out in the multi-annual financial framework and the inter-institutional agreement on its implementation.

 

2. Without prejudice to the principle of promotion based on merit as laid down in Article 45, this plan shall ensure that for each institution, the number of vacant positions at every grade of the establishment plan on 1 January of each year corresponds to the number of officials in the lower grade in active employment on 1 January of the preceding year, multiplied by the rates laid down in Annex I, point B, for that grade. These rates shall be applied on a five-year average basis as from 1 January 2013.

2. Without prejudice to the principle of promotion based on merit as laid down in Article 45, this plan shall ensure that for each institution, the number of vacant positions at every grade of the establishment plan on 1 January of each year corresponds to the number of officials in the lower grade in active employment on 1 January of the preceding year, multiplied by the rates laid down in Annex I, point B, for that grade. These rates shall be applied on a five-year average basis as from 1 January 2013.

3. The rates laid down in Annex I, Section B, shall be reviewed at the end of a five-year period starting on 1 January 2013 on the basis of a report, submitted by the Commission to the European Parliament and the Council, and a proposal by the Commission.

3. The rates laid down in Annex I, Section B, shall be reviewed at the end of a five-year period starting on 1 January 2013 on the basis of a report, submitted by the Commission to the European Parliament and the Council, and a proposal by the Commission.

The European Parliament and the Council shall decide in accordance with Article 336 of the Treaty on the Functioning of the European Union.

The European Parliament and the Council shall decide in accordance with Article 336 of the Treaty on the Functioning of the European Union.

4. After the same five-year period, the Commission shall report to the European Parliament and to the Council on the implementation of the provisions on the function group AST/SC and of the transitional provisions laid down in Article 30 of Annex XIII, taking into account the evolution of the need for staff carrying out secretarial and clerical tasks in all institutions and the evolution of permanent and temporary posts in function group AST and of the number of contract agents in function group II.

4. After the same five-year period, the Commission shall report to the European Parliament and to the Council on the implementation of the provisions on the function group AST/SC and of the transitional provisions laid down in Article 30 of Annex XIII, taking into account the evolution of the need for staff carrying out secretarial and clerical tasks in all institutions and the evolution of permanent and temporary posts in function groups AST and AST/SC.

Justification

Institutions should be left a choice as to the methods of making savings and the resources in respect of which savings can be achieved. It is also sufficient for the establishment plan to be linked to the budget of the institutions, which is based on the EU general budget, which in turn follows the MFF.

The change to paragraph 4 is a technical adjustment. Since it relates to the reporting obligations concerning implementation of the provisions on the function group AST/SC, the reference to the evolution of needs and posts should also extend to that group.

Amendment  24

Proposal for a regulation

Article 1 – point 5 a (new)

Staff Regulations

Article 11

 

Text proposed by the Commission

Amendment

 

5a. Article 11 shall be replaced by the following:

 

'Article 11

 

An official shall carry out his duties and conduct himself solely with the interests of the Union in mind; he shall neither seek nor take instructions from any government, authority, organization or person outside his institution. He shall carry out the duties assigned to him objectively, impartially and in keeping with his duty of loyalty to the Union.

 

An official shall not without the permission of the appointing authority accept from any government or from any other source outside the institution to which he belongs any honour, decoration, favour, gift or payment of any kind whatever, except for services rendered either before his appointment or during special leave for military or other national service and in respect of such service.

 

Before recruiting an official, the appointing authority shall examine whether the candidate has any personal interest such as to impair his independence or any other conflict of interest. To that end, the candidate shall inform the appointing authority using a specific form of any actual or potential conflict of interest. The appointing authority shall take this into account in a duly reasoned opinion.

 

This Article shall apply mutatis mutandis to officials returning from leave on personal grounds."

Amendment  25

Proposal for a regulation

Article 1 – point 5 b (new)

Staff Regulations

Article 16

 

Text proposed by the Commission

Amendment

 

5b. Article 16 shall be replaced by the following:

 

'Article 16

 

An official shall, after leaving the service, continue to be bound by the duty to behave with integrity and discretion as regards the acceptance of certain appointments or benefits.

 

Officials intending to engage in an occupational activity, whether gainful or not, within two years of leaving the service shall inform their institution thereof using a specific form. If that activity is related to the work carried out by the official during the last three years of service and could lead to a conflict with the legitimate interests of the institution, the Appointing Authority may, having regard to the interests of the service, either forbid him from undertaking it or give its approval subject to any conditions it thinks fit. The institution shall, after consulting the Joint Committee, notify its decision within 30 working days of being so informed. If no such notification has been made by the end of that period, this shall be deemed to constitute implicit acceptance.

 

In the case of former senior officials as defined in implementing measures, the Appointing Authority shall, in principle, prohibit them, during the 12 months after leaving the service, from engaging in lobbying or advocacy vis-à-vis staff of their former institution for their business, clients or employers on matters for which they were responsible during the last three years in the service.

 

Leave on personal grounds shall not be granted to an official for the purpose of his engaging in an occupational activity, whether gainful or not, which will involve lobbying or providing advice on lobbying a Union institution or which could lead to the existence or possibility of a conflict with the legitimate interests of the service.

 

In compliance with Regulation (EC) No 45/2001 of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data*, each institution shall publish information on the implementation of this Article annually including a list of the cases assessed."

 

____________

 

* OJ L 8, 12.1.2001, p. 1.

Amendment  26

Proposal for a regulation

Article 2 – point 6 a (new)

Staff Regulations

Article 19

 

Text proposed by the Commission

Amendment

 

6a. Article 19 shall be replaced by the following:

 

'Article 19

 

An official shall not, without permission from the appointing authority, disclose on any grounds whatever, in any legal proceedings information of which he has knowledge by reason of his duties. Permission shall be refused only where the interests of the Communities so require and such refusal 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.

 

The provisions of the first subparagraph shall not apply to an official or former official giving evidence before the Court of Justice of the European Communities or before the Disciplinary Board of an institution on a matter concerning a servant or former servant of one of the three European Communities.

 

With regard to Committees of Inquiry set up by the European Parliament, the obligations of officials shall be laid down in a regulation adopted under Article 226 of the Treaty on the functioning of the European Union."

Amendment  27

Proposal for a regulation

Article 1 – point 6 b (new)

Staff Regulations

Article 21 a – paragraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

6b. In Article 21a, the following paragraph shall be added:

 

'2a. An official who informs his superiors of orders which he considered to be irregular or likely to give rise to serious difficulties shall not suffer any prejudice at the hands of his superiors or of the institution concerned.'

Amendment  28

Proposal for a regulation

Article 2 – point 6 c (new)

Staff Regulations

Article 22 c (new)

 

Text proposed by the Commission

Amendment

 

6c. The following Article shall be inserted after Article 22b:

 

'Article 22c

 

In accordance with Articles 24 and 90, each institution shall put in place a procedure for the handling of complaints by officials concerning the way in which they were treated after or in consequence of the fulfilment by them of their obligations under Article 22a or 22b. The institution concerned shall ensure that such complaints are handled confidentially and, where warranted by the circumstances, before the expiry of the deadlines set out in Article 90.

 

Each institution shall lay down internal rules on inter alia:

 

– the provision to officials referred to in Article 22a(1) or Article 22b of information on the handling of the matters reported by them,

 

– the protection of the legitimate interests of these officials and of their privacy, and

 

– the procedure for the handling of complaints referred to in the first paragraph of this Article."

Amendment  29

Proposal for a regulation

Article 1 – point 8

Staff Regulations

Article 27

 

Text proposed by the Commission

Amendment

Article 27

Article 27

Recruitment shall be directed to securing for the institution the services of officials of the highest standard of ability, efficiency and integrity, recruited on the broadest possible geographical basis from among nationals of Member States of the European Union. No posts shall be reserved for nationals of any specific Member State.

Recruitment shall be directed to securing for the institution the services of officials of the highest standard of ability, efficiency and integrity, recruited on the broadest possible geographical basis from among nationals of Member States of the European Union. No posts shall be reserved for nationals of any specific Member State.

The principle of the equality of Union’s citizens shall allow each institution to adopt corrective measures following the observation of a long lasting and significant imbalance between nationalities among officials which is not justified by objective criteria. These corrective measures shall never result in recruitment criteria other than those based on merit. Before such corrective measures are adopted, the appointing authority of the institution concerned shall adopt general provisions for giving effect to this paragraph in accordance with Article 110.

During a five-year period starting on 1 January 2013, the Commission shall assess the implementation of paragraph 1 and report to the European Parliament and to the Council on possible imbalances between nationalities among officials.

 

After the expiry of that period, the principle of the equality of Union’s citizens shall allow an institution to implement corrective measures following the observation of a long-lasting and significant imbalance between nationalities among officials which is not justified by objective criteria and in accordance with the procedure laid down in the following paragraphs.

After a five-year period starting on 1 January 2013, the Commission shall report to the European Parliament and to the Council on the implementation of the preceding paragraph.

Following the expiry of the period referred to in the second paragraph, corrective measures may be adopted in accordance with the procedure laid down in Articles 110a and 110b.

 

Before an institution implements such corrective measures, the appointing authority of the institution shall adopt general provisions in accordance with Article 110. Such corrective measures shall never result in recruitment criteria other than those based on merit.

 

The Commission shall report to the European Parliament and to the Council every three years on the implementation of the third paragraph.

Amendment  30

Proposal for a regulation

Article 1 – point 9

Staff Regulations

Article 29 – paragraph 1

 

Text proposed by the Commission

Amendment

9. In Article 29, the following subparagraph shall be added to paragraph 1:

9. In Article 29, paragraph 1 is replaced by the following:

 

"1. Before filling a vacant post in an institution, the Appointing Authority shall first consider:

 

(a) whether the post can be filled by:

 

(i) transfer, or

 

(ii) appointment in accordance with Article 45a, or

 

(iii) promotion

 

within the institution;

'While maintaining the principle that the vast majority of officials shall be recruited on the basis of open competitions, the appointing authority may decide, by way of derogation from point (b), to hold a competition internal to the institution which shall also be open to contract staff as defined in Articles 3a and 3b of the Conditions of Employment of Other Servants of the European Union.';

(b) whether requests for transfer have been received from officials of the same grade in other institutions, and/or whether to hold a competition internal to the institution, which shall be open only to officials and temporary staff as defined in Article 2 of the Conditions of Employment of other servants of the European Union;

 

and then follow the procedure for competitions on the basis either of qualifications or of tests, or of both qualifications and tests. Annex III lays down the competition procedure.

 

The procedure may likewise be followed for the purpose of constituting a reserve for future recruitment.

 

While maintaining the principle that the vast majority of officials shall be recruited on the basis of open competitions, the appointing authority may decide, by way of derogation from point (b), to hold a competition internal to the institution which may also be open to contract staff as defined in Articles 3a and 3b of the Conditions of Employment of Other Servants of the European Union provided they have worked as contract staff for at least three years for the institution concerned at the closing date for applications for the competition."

Amendment  31

Proposal for a regulation

Article 1 – point 10

Staff Regulations

Article 31 – paragraph 2 – first sentence

 

Text proposed by the Commission

Amendment

Without prejudice to Article 29(2), officials shall be recruited only at grades SC 1, AST 1 to AST 4 or AD 5 to AD 8.

Without prejudice to Article 29(2), officials shall be recruited only at grades SC 1 to SC 3, AST 1 to AST 4 or AD 5 to AD 8.

Justification

It should be possible for the institutions to decide on the entry grade of staff recruited in the function group AST/SC depending, e.g., on their experience, just as in the case of function groups AST and AD.

Amendment  32

Proposal for a regulation

Article 1 – point 11 a (new)

Staff Regulations

Article 34

 

Text proposed by the Commission

Amendment

 

11a. Article 34 shall be replaced by the following:

 

'Article 34

 

1. Officials shall serve a nine-month probationary period before they can be established. The decision to establish an official shall be taken on the basis of the report referred to in paragraph 3 as well as on the basis of elements at the disposal of the appointing authority relating to the probationer’s conduct with regard to Title II.

 

Where, during his probationary period, an official is prevented, by sickness, maternity leave under Article 58, or accident, from performing his duties for a continuous period of at least one month, the appointing authority may extend his probationary period by the corresponding length of time. The total length of the probationary period shall in no circumstances exceed 15 months.

 

2. A report on the probationer before the end of the probationary period may be made at any time but at the latest five months after the start of the probationary period if his work is proving obviously inadequate.

 

This report shall be communicated to the person concerned, who shall have the right to submit his comments in writing within a period of eight days. The report and the comments shall be transmitted immediately by the probationer's immediate superior to the appointing authority, which shall, within a period of three weeks, obtain the opinion of the Joint Reports Committee on the action to be taken. The appointing authority may decide to dismiss the probationer before the end of the probationary period, giving him one month's notice, or to assign the official to another department for the remaining time of the probationary period.

 

3. One month at the latest before the expiry of the probationary period, a report shall be made on the ability of the probationer to perform the duties pertaining to his post and also on his efficiency and conduct in the service. This report shall be communicated to the probationer, who shall have the right to submit his comments in writing within a period of eight days.

 

Should it recommend dismissal, the report and the comments shall be transmitted immediately by the probationer's immediate superior to the appointing authority, which shall, within a period of three weeks, consult the Joint Reports Committee on the action to be taken.

 

A probationer who has not proved adequate for establishment in his post shall be dismissed. [...]

 

[...]

 

4. Except where he is in a position forthwith to resume employment elsewhere, a dismissed probationer shall receive compensation equal to three months' basic salary if he has completed more than one year's service, two months' basic salary if he has completed at least six months' service and one month's basic salary if he has completed less than six months' service.

 

5. Paragraphs 2, 3 and 4 shall not apply to officials who resign before the end of their probationary period.';

Amendment  33

Proposal for a regulation

Article 1 – point 12

Staff Regulations

Article 37

 

Text proposed by the Commission

Amendment

12. In the second indent of point (b) of Article 37, the word 'institutions' shall be replaced by 'appointing authorities of the institutions';

12. Article 37 shall be replaced by the following:

 

'Article 37

 

An official on secondment is an established official who, by decision of the appointing authority:

 

(a) has been directed in the interests of the service:

 

– to serve temporarily in a post outside his institution; or

 

– to assist temporarily a person holding an office provided for in the Treaties or the elected President of one of the institutions or organs of the Union, or one of the political groups in the European Parliament or the Committee of the Regions, or a group in the European Economic and Social Committee; or

 

(b) has been placed temporarily at the disposal of another of the institutions of the European Union; or

 

(c) has been directed to serve temporarily in a post which is included in the list of posts financed from the research and investment appropriations and which the budgetary authorities have classified as temporary.

 

An official may, at his own request, and provided there is no overriding interest of the service, be placed temporarily at the disposal:

 

– of a public administration of a Member state;

 

of an organisation devoted to furthering the Union's interests and included on a list to be drawn up by agreement between the institutions of the Union after consulting the Staff Regulations Committee.

 

An official on secondment shall continue to enjoy all his rights under the conditions provided in Articles 38 and 39 and shall remain subject to all his obligations as an official of his parent institution. Subject to the provisions of the third paragraph of Article 77 concerning pension, however, the provisions which apply to the official during the secondment referred to in the second indent of (a) in the first paragraph shall be those applicable to an official of the same grade as that assigned to him in the post to which he is seconded.

 

Any official in active employment or on leave on personal grounds may apply for, or be offered, secondment in the interests of the service. Once the official is seconded, the leave on personal grounds shall be terminated.';

Amendment  34

Proposal for a regulation

Article 1 – point 12 a (new)

Staff Regulations

Article 38

 

Text proposed by the Commission

Amendment

 

12a. Article 38 shall be replaced by the following:

 

'Article 38

 

Secondment in the interests of the service shall be governed by the following rules:

 

(a) the decision on secondment shall be taken by the appointing authority after hearing the official concerned;

 

(b) the duration of secondment shall be determined by the appointing authority and may be terminated at any moment in the interests of the service;

 

(c) at the end of every six months, the official concerned may request that his secondment be terminated;

 

(d) an official on secondment pursuant to the first indent of Article 37(a) shall be entitled to a salary differential where the total remuneration carried by the post to which he is seconded is less than that carried by his grade and step in his parent institution; he shall likewise be entitled to reimbursement of all additional expenses entailed by his secondment;

 

(e) an official on secondment pursuant to the first indent of Article 37 (a) shall continue to pay pension contributions based on the salary for active employment carried by his grade and step in his parent institution;

 

(f) an official on secondment shall retain his post, his right to advancement to a higher step and his eligibility for promotion; he shall take part in the promotion exercise of the parent institution under the same conditions as the other officials of that institution;

 

(g) when his secondment ends an official shall at once be reinstated in the post formerly occupied by him."

Amendment  35

Proposal for a regulation

Article 1 – point 12 b (new)

Staff Regulations

Article 40

 

Text proposed by the Commission

Amendment

 

12b. Article 40 shall be replaced by the following:

 

'1. An established official may, in exceptional circumstances and at his own request, be granted unpaid leave on personal grounds. Article 12b shall continue to apply during the period of leave on personal grounds.

 

1a. Leave on personal grounds shall not be granted to an official for the purpose of his engaging in an occupational activity, whether gainful or not, which involves lobbying or providing advice on lobbying an Union institution or which could lead to the existence or possibility of a conflict with the legitimate interests of the service.

 

2. Without prejudice to the provisions of Article 15, the duration of such leave shall not exceed one year. Leave may be extended for further periods.

 

Extensions may be for periods not exceeding one year. The total length of leave on personal grounds may not exceed six years in the course of the official's entire career.

 

If, however, an official applies for such leave in order to be able:

 

(i) to bring up a child considered as a dependant of the official within the meaning of Article 2(2) of Annex VII and who suffers from a serious mental or physical handicap recognised by the medical officer of the institution and who requires constant care or supervision; or

 

(ii) to follow his spouse, the latter also being an official or other servant of the Union required in the course of his duties to establish his habitual residence at such a distance from the place of employment of the applicant official that the establishment of their conjugal home in such a place would inconvenience the applicant official in the performance of his duties; or

 

(iii) to assist his spouse, a relative in the ascending line, a relative in the descending line, a brother or a sister in the case of medically certified serious illness or disability,

 

the leave may be extended without limits, provided that at the time of each extension, the conditions which warranted the grant of the leave continue to be fulfilled.

 

3. During leave, an official shall not be entitled to advancement to a higher step or promotion in grade; his membership of the social security scheme provided for in Article 72 and 73 and cover for risks under that scheme shall be suspended.

 

However, an official who is not engaged in a gainful activity may, not later than one month following that in which the leave on personal grounds begins, apply to continue to be covered in accordance with those articles, provided that he bears half the cost of the contributions required to cover the risks referred to in Article 72(1) and Article 73(1) for the first year of the leave on personal grounds and the full cost during the remainder of such leave. Cover in accordance with Article 73 shall be available only if cover has been obtained in accordance with Article 72. The contributions shall be calculated by reference to the official's last basic salary.  Moreover, the official who proves that he cannot acquire pension rights for another pension scheme may apply to continue to acquire further pension rights for a maximum of one year, provided that he bears the cost of the contribution equal to three times the rate laid down in Article 83 (2); the contributions shall be calculated by reference to the basic salary for the official's grade and step.

 

4. Leave on personal grounds shall be governed by the following rules:

 

(a) it shall be granted at the request of the official concerned by the appointing authority;

 

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

 

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

 

(d) on the expiry of his leave an official must be reinstated in the first post corresponding to his grade which falls vacant in his function group, provided that he satisfies the requirements for that post. If he declines the post offered to him, he shall retain his right to reinstatement when the next vacancy corresponding to his grade occurs in his function group, subject to the same proviso; if he declines a second time, he may be required to resign after the Joint Committee has been consulted. Until effectively reinstated or placed on secondment he shall remain on unpaid leave on personal grounds."

Amendment  36

Proposal for a regulation

Article 1 – point 13

Staff Regulations

Article 42a

 

Text proposed by the Commission

Amendment

13. Article 42a shall be amended as follows:

13. Article 42a shall be replaced by the following:

 

'Article 42a

(a) In the second sentence of the first paragraph, the word 'institutions' shall be replaced by 'appointing authority of each institution';

An official shall be entitled to up to six months of parental leave without basic salary for every child, to be taken during the first twelve years after the birth or adoption of the child. The duration of the leave may be doubled for single parents recognised under general implementing provisions adopted by the appointing authority of each institution and for parents of dependent children with a disability or a severe illness recognised by the medical officer. The minimum leave taken at any one time shall not be less than one month.

(b) In the last sentence of the third paragraph, the word 'adapted' shall be replaced by 'updated';

During parental leave, the official's membership of the social security scheme shall continue; the acquisition of pension rights, dependent child allowance and education allowance shall be maintained. The official shall retain his post, and continue to be entitled to advancement to a higher step or promotion in grade. The leave may be taken as full-time or half-time leave. Where parental leave is taken in the form of half-time leave, the maximum period provided for in the first paragraph shall be doubled. During parental leave, officials shall be entitled to an allowance of EUR 911,73 per month, or 50 % of such sum if on half-time leave but may not engage in any other gainful employment. The full contribution to the social security scheme provided for in Articles 72 and 73 shall be borne by the institution and calculated on the basis of the basic salary of the official. However, in the case of half-time leave this provision shall apply only to the difference between the full basic salary and the proportionally reduced basic salary. For the part of the basic salary actually received, the official's contribution shall be calculated by using the same percentages as if he were in full-time employment.

 

The allowance shall be EUR 1 215, 63 per month, or 50 % of such sum if the official is on half-time leave, for the single parents and parents of dependent children with a disability or a severe illness recognised by the medical officer referred to in the first paragraph and during the first three months of parental leave where such leave is taken by the father during maternity leave or by either parent immediately after maternity leave or during or immediately after adoption leave.

 

The parental leave may be extended for a further six months with an allowance limited to 50 % of the amount referred to in the second paragraph. For single parents as referred to in the first paragraph, the parental leave may be extended for a further twelve months with an allowance limited to 50% of the amount referred to in the third paragraph.

 

The amounts mentioned in this Article shall be updated in line with remuneration.';

Amendment  37

Proposal for a regulation

Article 1 – point 14

Staff Regulations

Article 43

 

Text proposed by the Commission

Amendment

14. Article 43 shall be amended as follows:

14. Article 43 shall be replaced by the following:

(a) In the first sentence of the first paragraph, the words ‘each institution’ shall be replaced by ‘the appointing authority of each institution’;

'Article 43

(b) In the second sentence of the first paragraph, the words ‘Each institution’ shall be replaced by ‘The appointing authority of each institution’;

The ability, efficiency and conduct in the service of each official shall be the subject of an annual report providing an objective evaluation made as provided for by each institution in accordance with Article 110. That report, in accordance with the implementing provisions, may state the performance level of the official. If the performance of the official was unsatisfactory, the report shall indicate this. In the case of disagreement and at a request of the evaluated official, the hierarchical superior of the evaluator or another official designated by the appointing authority shall review the initial report. That review has to be requested before lodging a complaint as referred to in Article 90(2).

 

As of grade 5, for officials in function group AST, the report may also contain an opinion as to whether, on the basis of performance, he has the potential to carry out an administrator's function.

 

The report shall be communicated to the official. He shall be entitled to make any comments thereon which he considers relevant."

Amendment  38

Proposal for a regulation

Article 1 – point 14 a (new)

Staff Regulations

Article 44

 

Text proposed by the Commission

Amendment

 

14a. Article 44 shall be replaced by the following:

 

"Article 44

 

An official who has been at one step in his grade for two years shall automatically advance to the next step in that grade, unless his performance has been evaluated as unsatisfactory pursuant to the last annual report referred to in Article 43. An official shall advance to the next step in his grade after no later than four years, unless the procedure laid down in Article 51, paragraph 1, is applied.

 

If an official is appointed head of unit, director or director-general in the same grade, and provided that his performance has been satisfactory within the meaning of Article 43 during the first nine months following his appointment, he shall retroactively benefit from advancement by one step in that grade at the time the appointment comes into effect. This advancement shall lead to an increase in his basic monthly salary corresponding to the percentage between the first and the second step in each grade. If the increase is less or if the official at that time is already in the last step of his grade, he shall receive an increase in basic salary ensuring the increase between the first and second step until his next promotion comes into effect."

Amendment  39

Proposal for a regulation

Article 1 – point 15 – point a

Staff Regulations

Article 45 – paragraph 1

 

Text proposed by the Commission

Amendment

(a) In paragraph 1, the following sentence shall be inserted after the second sentence:

(a) Paragraph 1 shall be replaced by the following:

'Unless the procedure laid down in Articles 4 and 29(1) is applied, officials may only be promoted if they occupy a post which corresponds to one of the types of post set out in Annex I, Section A, for the next higher grade.';

'1. Promotion shall be by decision of the Appointing Authority in the light of Article 6(2). It shall be effected by appointment of the official to the next higher grade in the function group to which he belongs. Officials of grade AST 9 may be promoted to grade AST 10 only in accordance with the procedure laid down in Article 4 and Article 29(1). Promotion shall be exclusively by selection from among officials who have completed a minimum of two years in their grade after consideration of the comparative merits of the officials eligible for promotion. The evaluation of comparative merits by the Appointing Authority shall be based on the reports on the officials, the use of languages in the execution of their duties other than the language for which they have produced evidence of thorough knowledge in accordance with Article 28(f) and the level of responsibilities exercised by them.';

Amendment  40

Proposal for a regulation

Article 1 – point 15 a (new)

Staff Regulations

Article 45a – paragraph 2

 

Text proposed by the Commission

Amendment

 

15a. In Article 45a, paragraph 2 shall be replaced by the following:

 

'2. The Appointing Authority shall draw up a draft list of AST officials selected to take part in the aforesaid training programme on the basis of the annual reports referred to in Article 43 and their level of education and training and taking account of the needs of the services. This draft shall be submitted to a joint committee for its opinion.

 

This committee may hear officials who have applied to take part in the aforesaid training programme, and representatives of the Appointing Authority. It shall, by a majority vote, deliver a reasoned opinion on the draft list proposed by the Appointing Authority. The Appointing Authority shall adopt the list of officials who are entitled to take part in the aforesaid training programme."

Amendment  41

Proposal for a regulation

Article 1 – paragraph 1 – point 19

Staff Regulations

Article 51

 

Text proposed by the Commission

Amendment

19. Article 51 shall be amended as follows:

19. Article 51 shall be replaced by the following:

(a) In the first sentence of paragraph 1, the words ‘Each institution’ shall be replaced by ‘The appointing authority of each institution’;

'Article 51

(b) In the first and in the last sentences of the first subparagraph of paragraph 6, the words 'grade 1' shall be replaced by the words 'grade AST 1';

1. The appointing authority of each institution shall define procedures to identify, deal with and remedy cases of incompetence in a timely and appropriate fashion.

 

In any event, an official who, on the basis of three consecutive unsatisfactory annual reports referred to in Article 43, still shows no progress in his professional competence shall be downgraded by one grade. If the following two annual reports still show unsatisfactory performance, the official shall be dismissed.

 

2. Any proposal to downgrade or dismiss an official shall set out the reasons on which it is based and shall be communicated to the official concerned. The proposal from the Appointing Authority shall be referred to the Joint Advisory Committee referred to in Article 9(6).

 

3. The official shall have the right to obtain his complete personal file and to take copies of all documents relating to the procedure. He shall have at least fifteen days, but no longer than 30 days, from the date of receipt of the proposal to prepare a defence. He may be assisted by a person of his choice. The official may submit written comments. He shall be heard by the Joint Advisory Committee. The official may also call witnesses.

 

4. The institution shall be represented before the Joint Advisory Committee by an official designated for that purpose by the Appointing Authority. That official shall have the same rights as the official concerned.

 

5. In the light of the proposal under paragraph 2 and any written and verbal statements from the official concerned or from witnesses, the Joint Advisory Committee shall deliver by a majority a reasoned opinion stating the measure which it considers appropriate in the light of the facts established at its request. It shall forward that opinion to the Appointing Authority and to the official concerned within two months of the date on which the matter is referred to it. The chairman shall not vote on decisions of the Joint Advisory Committee, except in procedural matters and where votes are tied.

 

6. An official dismissed for incompetence shall, for the period defined in paragraph 7, be entitled to a monthly dismissal allowance equal to the basic monthly salary of an official in the first step of grade AST 1. The official shall also be entitled during the same period to the family allowances provided for in Article 67. The household allowance shall be calculated on the basis of the basic monthly salary of an official in grade AST 1 in accordance with Article 1 of Annex VII.

 

The allowance shall not be paid if the official resigns after the start of the procedure referred to in paragraphs 1, 2 and 3 or if he is entitled to the immediate payment of a full pension. If he is entitled to unemployment benefit under a national unemployment scheme, the amount of that benefit shall be deducted from the above allowance.

 

7. The period during which the payments referred to in paragraph 6 are to be made shall be:

 

(a) three months where the official has completed less than five years' service at the date on which the dismissal decision is taken;

 

(b) six months where the official has completed at least five years' service but less than ten;

 

(c) nine months where the official has completed at least 10 years' service but less than 20;

 

(d) 12 months where the official has completed over 20 years' service.

 

8. Officials who are downgraded on grounds of incompetence may after a period of six years ask for all references to that measure to be deleted from their personal files.

 

9. Officials shall be entitled to reimbursement of reasonable expenses incurred on their initiative in the course of the proceedings, including fees payable to a defending adviser not belonging to the institution, where the proceedings provided for in this Article end without any decision being taken to dismiss or downgrade.';

Amendment  42

Proposal for a regulation

Article 1 – point 20

Staff Regulations

Article 52 – point b – paragraph 2

 

Text proposed by the Commission

Amendment

However, an official may at his own request and where the appointing authority considers it justified in the interest of the service, carry on working until the age of 67, in which case he shall be retired automatically on the last day of the month in which he reaches that age.

However, an official may at his own request and where the appointing authority considers it justified in the interest of the service, carry on working until the age of 67, or on an exceptional basis until the age of 70, in which case he shall be retired automatically on the last day of the month in which he reaches that age.

Amendment  43

Proposal for a regulation

Article 1 – point 21 – point d

Staff Regulations

Article 55 – paragraph 4

 

Text proposed by the Commission

Amendment

4. The appointing authority of each institution may introduce flexible working-time arrangements. Officials to whom the provisions of the second paragraph of Article 44 apply shall manage their working-time without resorting to such arrangements.

4. The appointing authority of each institution may introduce flexible working-time arrangements. Under these arrangements, compensation for hours worked in advance shall not be granted in the form of entire working days for officials in grade AD/AST9 or higher.

 

These arrangements shall not be applicable to officials to whom the provisions of the second paragraph of Article 44 apply. These officials shall manage their working time in agreement with their superiors.

Amendment  44

Proposal for a regulation

Article 1 – point 22 – point -a (new)

Article 55a – paragraph 2 – point b a (new)

 

Text proposed by the Commission

Amendment

 

(-a) In the first subparagraph of paragraph 2, the following point shall be inserted:

 

'(ba) to care for a child until he reaches the age of 14 when the official is a single parent';

Justification

Single parents should have the right to be entitled to authorisation to work part time independent of the age of the child which is in line with the European parliament resolution of 25 October 2011 on the situation of single mothers

Amendment  45

Proposal for a regulation

Article 1 – point 22 – point -a a (new)

Staff Regulations

Article 55a– paragraph 2 – point b b (new)

 

Text proposed by the Commission

Amendment

 

(-aa) In the first subparagraph of paragraph 2, the following point shall be inserted:

 

'(bb) to care for a child under 14 years of age if the reduction in working time is no more than 5 % of normal working time. In that case, Article 3 of Annex IVa shall not apply,';

Amendment  46

Proposal for a regulation

Article 1 – point 23

Staff Regulations of Officials of the European Union

Article 56 – paragraph 3

 

Text proposed by the Commission

Amendment

As provided in Annex VI, overtime worked by officials in grades SC 1 to SC 6 and grades AST 1 to AST 4 shall entitle them either to compensatory leave or to remuneration where requirements of the service do not allow compensatory leave during the month following that in which the overtime was worked.

As provided in Annex VI, overtime worked by officials in grades SC 1 to SC 6 and grades AST 1 to AST 4 shall entitle them either to compensatory leave or to remuneration where requirements of the service do not allow compensatory leave during two months following that in which the overtime was worked.

Amendment  47

Proposal for a regulation

Article 1 – point 26 a (new)

Staff Regulations

Article 58

 

Text proposed by the Commission

Amendment

 

26a. Article 58 shall be replaced by the following:

 

'Article 58

 

Officials shall, in addition to the leave provided for in Article 57, be entitled on production of a medical certificate to twenty weeks of maternity leave. The maternity leave shall start not earlier than six weeks before the expected date of confinement shown in the certificate and end not earlier than 14 weeks after the date of confinement. In the case of multiple or premature birth or the birth of a child with a disability or serious illness, the duration shall be of 24 weeks. Premature birth for the purposes of this provision is a birth taking place before the end of the 34th week of pregnancy.

 

Contracts of officials and other staff members, including accredited parliamentary assistants, may not be terminated during pregnancy. Contracts of women on maternity leave, including accredited parliamentary assistants, may not be terminated until the end of the period of maternity leave.';

Amendment  48

Proposal for a regulation

Article 1 – point 31 – point b

Staff Regulations

Article 66

Text proposed by the Commission

Basic monthly salaries are for each grade and step in function group AST/SC as provided in the following table:

 

Step

Grade

1

2

3

4

5

SC 6

3.844,31

4.005,85

4.174,78

4.290,31

4.349,59

SC 5

3.397,73

3.540,50

3.689,28

3.791,92

3.844,31

SC 4

3.003,02

3.129,21

3.260,71

3.351,42

3.397,73

SC 3

2.654,17

2.765,70

2.881,92

2.962,10

3.003,02

SC 2

2.345,84

2.444,41

2.547,14

2.617,99

2.654,17

SC 1

2.160,45

2.251,24

2.313,87

2.345,84

 

 

Amendment

Basic monthly salaries are for each grade and step in function group AST/SC as provided in the following table:

 

Step

Grade

1

2

3

4

5

SC 6

4.349,59

4.532,36

4.722,82

4.854,21

4.921,28

SC 5

3.844,31

4.005,85

4.174,78

4.290,31

4.349,59

SC 4

3.397,73

3.540,50

3.689,28

3.791,92

3.844,31

SC 3

3.003,02

3.129,21

3.260,71

3.351,42

3.397,73

SC 2

2.654,17

2.765,70

2.881,92

2.962,10

3.003,02

SC 1

2.345,84

2.444,41

2.547,14

2.617,99

2.654,17

Justification

Entry grades in all groups should guarantee recruitment of appropriate staff. In the case of AST/SC this means secretaries who represent a wide range of nationalities and linguistic skills in order to satisfy the requirements of the multinational and multilingual service and to maintain geographical balance. Potential savings have to be balanced here against institutions' obligation to provide a high level of service on a continuous basis. Moreover, most recruited secretaries are female, and it is they who would bear the burden of savings. That could hinder the principle of gender equality. Consequently, the amendment sets the entry grade for the AST/SC category at one level below AST 1 instead of two.

Amendment  49

Proposal for a regulation

Article 1 – point 32 a (new)

Staff Regulations

Article 67 – paragraph 3

 

Text proposed by the Commission

Amendment

 

32a. Article 67(3) shall be replaced by the following:

 

'3. The dependent child allowance may be doubled by special reasoned decision of the appointing authority based on medical documents establishing that the child concerned has a disability or a long-term illness constituting a heavy burden for the official.';

Amendment  50

Proposal for a regulation

Article 1 – point 32 b (new)

Staff Regulations

Article 67 a (new)

 

Text proposed by the Commission

Amendment

 

32b. The following Article shall be inserted after Article 67:

 

'Article 67a

 

In order to ensure recruitment on the broadest geographical basis, the institutions shall strive to offer multilingual and multicultural education for the children of their staff.

 

The budget of the Union shall contribute to the financing of the European schools.

 

Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities shall apply to European schools.

 

The Commission shall give its prior agreement to the location of a new European school.

Amendment  51

Proposal for a regulation

Article 1 – point 39

Staff Regulations

Article 83 a – paragraph 2

 

Text proposed by the Commission

Amendment

Agencies which do not receive a subsidy from the general budget of the European Union shall pay into that budget the entire amount of the contributions needed to finance the scheme. Agencies which are partially financed from that budget shall pay the part of the employers' contributions which corresponds to the proportion between the agency's revenues without the subsidy from the general budget of the European Union and its total revenues.

Agencies which do not receive a subsidy from the general budget of the European Union shall pay into that budget the entire amount of the contributions needed to finance the scheme. From 1 January 2016, agencies which are partially financed from that budget shall pay the part of the employers' contributions which corresponds to the proportion between the agency's revenues without the subsidy from the general budget of the European Union and its total revenues.

Amendment  52

Proposal for a regulation

Article 1 – point 43 – point a

Staff Regulations

Annex I – Section A – point 2

 

Text proposed by the Commission

Amendment

2. Function Group AST

2. Function Group AST

Senior Assistant

Senior assistant

Carrying out administrative, technical or training activities requiring a high degree of autonomy and carrying significant responsibilities in terms of staff management, budget implementation or political coordination

Carrying out administrative, technical or training activities requiring a high degree of autonomy and carrying significant responsibilities in terms of staff management, budget implementation or political coordination

 

AST 10 – AST 11

Assistant

Assistant

Carrying out administrative, technical or training activities requiring a certain degree of autonomy, notably with regard to the implementation of rules and regulations or general instructions or as personal assistant of a Member of the institution, of the Head of a Member's private office or of a (Deputy) Director-General or an equivalent senior manager

Carrying out junior (AST 1 – AST 4) or confirmed (AST 5 – AST 9) administrative, technical or training activities requiring a certain degree of autonomy, notably with regard to the implementation of rules and regulations or general instructions or as personal assistant of a Member of the institution, of the Head of a Member's private office or of a (Deputy) Director-General or an equivalent senior manager

 

AST 1 – AST 9

Amendment  53

Proposal for a regulation

Article 1 – point 43 – point a

Staff Regulations

Annex I – Section A – point 3

 

Text proposed by the Commission

Amendment

3. Function Group AST/SC

3. Function Group AST/SC

 

Senior Secretary/Clerk1

 

Carrying out clerical and secretarial tasks, office management and other equivalent tasks requiring a high degree of autonomy

 

SC 5 - SC 6

Secretary/Clerk

Secretary/Clerk

Carrying out clerical and secretarial tasks, office management and other equivalent tasks requiring a certain degree of autonomy

Carrying out clerical and secretarial tasks, office management and other equivalent tasks requiring a certain degree of autonomy

SC 1 - SC 6

SC 1 - SC 4

 

_____________

 

1 The first assignment of an official to a post of Senior Secretary/Clerk may only take place in accordance with the procedure laid down in Articles 4 and 29 (1) of the Staff Regulations.

 

 

Amendment  54

Proposal for a regulation

Article 1 – point 46 a (new)

Staff Regulations

Annex V – Article 6

 

Text proposed by the Commission

Amendment

 

(46a) Article 6 of Annex V shall be replaced by the following:

 

'Article 6

 

In addition to annual leave, an official may, on application, be granted special leave. In particular, in the following cases special leave shall be granted as shown:

 

– marriage of the official: four days;

 

– change of residence of the official: up to two days;

 

– serious illness of spouse: up to three days;

 

– death of spouse: four days;

 

– serious illness of a relative in the ascending line: up to two days;

 

– death of a relative in the ascending line: two days;

 

– marriage of a child: two days;

 

– birth of a child: 10 days, to be taken during the fourteen weeks following birth;

 

– birth of a disabled or seriously ill child: 20 days, to be taken during the fourteen weeks following the birth;

 

– death of the wife during maternity leave: a number of days corresponding to the remaining maternity leave; if the deceased wife is not an official, the remaining maternity leave is determined by applying the provisions of Article 58 of the Staff Regulations, by analogy;

 

– serious illness of a child: up to two days;

 

– very serious illness of a child, as certified by a doctor, or hospitalisation of a child aged 12 or under: up to five days;

 

– death of a child: four days;

 

– adoption of a child: 20 weeks, rising to 24 weeks in the case of the adoption of a disabled child:

 

Every adopted child shall confer entitlement to only one period of special leave, which may be shared between the adoptive parents if both are officials. It shall be granted only if the official's spouse engages in a gainful activity at least half-time. If the spouse works outside the institutions of the Union and benefits from comparable leave, a corresponding number of days shall be deducted from the official's entitlement.

 

The Appointing Authority may, in case of necessity, grant additional special leave in cases where the national legislation of the country in which the adoption procedure takes place and which is not the country of employment of the adopting official requires a stay of one or both adoptive parents.

 

Special leave of 10 days shall be granted if the official does not benefit from the full special leave of 20 or 24 weeks by reason of the first sentence of this indent; this additional special leave shall be granted only once for each adopted child.

 

The institution may also grant special leave in the case of further training and instruction, within the limits laid down in the further training and instruction programme drawn up by the institution pursuant to Article 24a of the Staff Regulations. Special leave may furthermore be granted to officials in case of exceptional work which goes beyond an official's normal obligations. Such special leave shall be granted at the latest three months after the appointing authority has taken a decision on the exceptional character of the work of the official.

 

For the purposes of this Article, the unmarried partner of an official shall be treated as the spouse where the first three conditions in Article 1(2)(c) of Annex VII are met.

 

Where special leave is granted in pursuance of this section, any home travelling time shall be fixed by special decision taking into account particular needs.';

Amendment  55

Proposal for a regulation

Article 1 – point 47

Staff Regulations

Annex V – Article 7

 

Text proposed by the Commission

Amendment

To the annual leave of officials entitled to the expatriation or foreign residence allowance shall be added travelling time based on the geographical distance between the place of employment and the place of origin, calculated as follows:

Officials who are entitled to the expatriation or foreign residence allowance shall be entitled to two and a half days of supplementary leave every year, for the purpose of visiting their homes.

– 250 to 600 km: one day of home travelling time

The first paragraph shall apply to officials whose place of employment is within the territories of the Member States. If the place of employment is outside these territories, the duration of the home leave shall be fixed by special decision taking into account particular needs.

– 601 to 1200 km: two days of home travelling time,

 

– more than 1200 km: three days of home travelling time.

 

The preceding provisions shall apply to officials whose place of employment is within the territories of the Member States. If the place of employment is outside these territories, the travelling time shall be fixed by special decision taking into account particular needs.

 

Where special leave is granted in pursuance of Section 2 above, any home travelling time shall be fixed by special decision taking into account particular needs.';

 

Amendment  56

Proposal for a regulation

Article 1 – point 49 – point c

Staff Regulations

Annex VII – Article 8

 

Text proposed by the Commission

Amendment

1. Officials entitled to the expatriation or foreign residence allowance shall be entitled, within the limit set out in paragraph 2, in each calendar year to a flat-rate payment corresponding to the cost of travel from the place of employment to the place of origin as defined in Article 7 for themselves and, if they are entitled to the household allowance, for the spouse and dependants within the meaning of Article 2.

1. Officials in grades AST/SC 1 - 6, AST 1-8 and AD 5 to 8 entitled to the expatriation or foreign residence allowance shall be entitled, within the limit set out in paragraph 2, in each calendar year to a flat-rate payment corresponding to the cost of travel from the place of employment to the place of origin as defined in Article 7 for themselves and, if they are entitled to the household allowance, for the spouse and dependants within the meaning of Article 2.

 

The first subparagraph shall also apply to officials in other grades who are entitled to both the expatriation or foreign residence allowance and to the household allowance.

Where a husband and wife are both officials of the European Union, each has the right in respect of himself or herself and in respect of dependants to the flat-rate payment of travelling expenses, in accordance with the above provisions; each dependant shall be entitled to one payment only. The payment in respect of dependent children is fixed at the request of the husband or wife, on the basis of the place of origin of one or other of them.

Where a husband and wife are both officials of the European Union, each has the right in respect of himself or herself and in respect of dependants to the flat-rate payment of travelling expenses, in accordance with the above provisions; each dependant shall be entitled to one payment only. The payment in respect of dependent children is fixed at the request of the husband or wife, on the basis of the place of origin of one or other of them.

Where an official marries during a given year and thereby becomes entitled to the household allowance, the travel expenses payable for the spouse shall be calculated in proportion to the period from the date of the marriage to the end of the year.

Where an official marries during a given year and thereby becomes entitled to the household allowance, the travel expenses payable for the spouse shall be calculated in proportion to the period from the date of the marriage to the end of the year.

Any alteration to the basis of calculation which may arise from changes in family status after the date of payment of the sums in question shall not render the official concerned liable to make repayment.

Any alteration to the basis of calculation which may arise from changes in family status after the date of payment of the sums in question shall not render the official concerned liable to make repayment.

Travel expenses for children aged less than two years during the entire calendar year shall not be reimbursed.

Travel expenses for children aged less than two years during the entire calendar year shall not be reimbursed.

2. The flat-rate payment shall be based on an allowance per kilometre of geographical distance between the official's place of employment and his place of origin.

2. The flat-rate payment shall be based on an allowance per kilometre of geographical distance between the official's place of employment and his place of origin.

Where the place of origin as defined in Article 7 is outside the territories of the Member States of the Union as well as outside the countries and territories listed in Annex II to the Treaty on the Functioning of the European Union and the territories of the Member States of the European Free Trade Association, the flat-rate payment shall be based on an allowance per kilometre of geographical distance between the official's place of employment and the capital city of the Member State whose nationality he holds. Officials whose place of origin is outside the territories of the Member States of the European Union as well as outside the countries and territories listed in Annex II to the Treaty on the Functioning of the European Union and the territories of the Member States of the European Free Trade Association and who are not nationals of one of the Member States shall not be entitled to the flat-rate payment.

Where the place of origin as defined in Article 7 is outside the territories of the Member States of the Union as well as outside the countries and territories listed in Annex II to the Treaty on the Functioning of the European Union and the territories of the Member States of the European Free Trade Association, the flat-rate payment shall be based on an allowance per kilometre of geographical distance between the official's place of employment and the capital city of the Member State whose nationality he holds. Officials whose place of origin is outside the territories of the Member States of the European Union as well as outside the countries and territories listed in Annex II to the Treaty on the Functioning of the European Union and the territories of the Member States of the European Free Trade Association and who are not nationals of one of the Member States shall not be entitled to the flat-rate payment.

The kilometric allowance shall be

The kilometric allowance shall be

EUR 0 for every km from 0 to 200 km

EUR 0 for every km from 0 to 200 km

EUR 0,3790 for every km from 201 to 1000 km

EUR 0,3790 for every km from 201 to 1000 km

EUR 0,6316 for every km from 1001 to 2000 km

EUR 0,6316 for every km from 1001 to 2000 km

EUR 0,3790 for every km from 2001 km to 3000 km

EUR 0,3790 for every km from 2001 km to 3000 km

EUR 0,1262 for every km from 3001 km to 4000 km

EUR 0,1262 for every km from 3001 km to 4000 km

EUR 0,0609 for every km from 4001 km to 10000 km

EUR 0,0609 for every km from 4001 km to 10000 km

EUR 0 for every km over 10000 km

EUR 0 for every km over 10000 km

To the above kilometric allowance a flat-rate supplement shall be added, amounting to:

To the above kilometric allowance a flat-rate supplement shall be added, amounting to:

EUR 189,48 if the distance by train between the place of employment and the place of origin is between 600 km and 1 200 km,

EUR 189,48 if the geographical distance between the place of employment and the place of origin is between 600 km and 1 200 km,

EUR 378,93 if the distance by train between the place of employment and the place of origin is greater than 1 200 km,

EUR 378,93 if the geographical distance between the place of employment and the place of origin is greater than 1 200 km.

The above kilometric allowances and flat-rate supplements shall be updated every year in the same proportion as remuneration.

The above kilometric allowances and flat-rate supplements shall be updated every year in the same proportion as remuneration.

3. An official whose service is terminated in the course of a calendar year for any reason other than death or who is on leave on personal grounds during part of the year shall, if he is in active employment in the service of an institution of the European Union for less than nine months of that year, be entitled only to part of the flat-rate payment provided for in paragraphs 1 and 2, calculated in proportion to the time spent in active employment.

3. An official whose service is terminated in the course of a calendar year for any reason other than death or who is on leave on personal grounds during part of the year shall, if he is in active employment in the service of an institution of the European Union for less than nine months of that year, be entitled only to part of the flat-rate payment provided for in paragraphs 1 and 2, calculated in proportion to the time spent in active employment.

4. The preceding provisions shall apply to officials whose place of employment is within the territories of the Member States. Officials whose place of employment is outside the territory of the Member States shall be entitled for themselves and, if they are entitled to receive the household allowance, for their spouse and other dependants within the meaning of Article 2, in each calendar year, to repayment of travel expenses to their place of origin, or to repayment of travel expenses to another place not exceeding the expense of travel to the place of origin. However, if the spouse and the persons referred to in Article 2(2) do not live with the official at the place of employment, they shall be entitled each calendar year to reimbursement of travel expenses from the place of origin to the place of employment or to another place not exceeding the cost of the former journey.

4. The preceding provisions shall apply to officials whose place of employment is within the territories of the Member States. Officials whose place of employment is outside the territory of the Member States shall be entitled for themselves and, if they are entitled to receive the household allowance, for their spouse and other dependants within the meaning of Article 2, in each calendar year, to repayment of travel expenses to their place of origin, or to repayment of travel expenses to another place not exceeding the expense of travel to the place of origin. However, if the spouse and the persons referred to in Article 2(2) do not live with the official at the place of employment, they shall be entitled each calendar year to reimbursement of travel expenses from the place of origin to the place of employment or to another place not exceeding the cost of the former journey.

These travel expenses shall be reimbursed in the form of a flat-rate payment based on the cost of air travel in the class immediately superior to economy class.';

These travel expenses shall be reimbursed in the form of a flat-rate payment based on the cost of air travel in the class immediately superior to economy class.';

Amendment  57

Proposal for a regulation

Article 1 – point 52 – point -a (new)

Staff Regulations

Annex X – Article 6

 

Text proposed by the Commission

Amendment

 

(-a) Article 6 shall be replaced by the following:

 

'Article 6

 

An official shall, per calendar year, be entitled to annual leave three working days for each month of service.';

Amendment  58

Proposal for a regulation

Article 1 – point 52 – point -a a (new)

Staff Regulations

Annex X – Article 8 – paragraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

(-aa) In Article 8, the following paragraph shall be added:

 

'Officials who take part in professional training courses pursuant to Article 24a of the Staff Regulations and who have been granted rest leave pursuant to the first paragraph of this Article shall undertake, where appropriate, to combine their periods of professional training with their rest leave.';

Amendment  59

Proposal for a regulation

Article 1 – point 53

Staff Regulations

Annex XI – Chapter 7

 

Text proposed by the Commission

Amendment

CHAPTER 7

deleted

FINAL PROVISION AND REVIEW CLAUSE

 

Article 14

 

1. The provisions of this Annex shall apply from 1 January 2013 to 31 December 2022.

 

2. They may be reviewed at the end of the fifth year particularly in the light of their budgetary implications. To this end, the Commission shall submit a report to the European Parliament and the Council and, where appropriate, a proposal to amend this Annex on the basis of Article 336 of the Treaty on the Functioning of the European Union.';

 

Amendment  60

Proposal for a regulation

Article 1 – point 55 – point i

Staff Regulations

Annex XIII – Article 30 – paragraph 2 – point b

 

Text proposed by the Commission

Amendment

(b) Officials not covered by point (a) who were before 1 May 2004 in the former category B or who were before 1 May 2004 in the former category C or D and have become member of function group AST without restriction shall be classified as Assistant.

(b) Officials not covered by point (a) who were before 1 May 2004 in the former category B or who were before 1 May 2004 in the former category C or D and have become members of function group AST without restriction, as well as officials recruited since 1 May 2004, shall be classified as Assistant.

Justification

The proposal sets the limit of the AST career for assistants in transition recruited after 1 May 2004 at grade AST 7. However, in order to participate in the AST competitions they had to demonstrate a much higher level of education than was required previously for the former categories B, C and D and prove knowledge of a third language before their first promotion. In addition, their career prospects at the time of recruitment gave them the possibility to reach grade AST 11 (as was the case of the former category B and those officials of former categories C and D who successfully passed the attestation procedure). Finally, there should be no different treatment or a difference in their reclassification on the basis of the competition in which they participated. Therefore, the amendment seeks to set the limit of their career prospects at grade AST 9.

Amendment  61

Proposal for a regulation

Article 1 – point 55 – point i

Regulation Staff Regulations

Annex XIII – Article 30 – paragraph 2 – point e

 

Text proposed by the Commission

Amendment

(e) Officials not covered by points (a) to (d) shall be classified on the basis of the grade of the competition that resulted in the list of suitable candidates from which they were recruited. Officials who passed a competition of grade AST3 or higher shall be classified as Assistants, all other officials shall be classified as Administrative Assistants in transition. The correlation table in Article 13(1) of this Annex shall apply by analogy, irrespective of the date on which the official was recruited.

deleted

Justification

See the justification to amendment 60. It is also to be noted that there should be no different treatment or a difference in reclassification of those ASTs on the basis of the competition in which they participated.

Amendment  62

Proposal for a regulation

Article 1 – point 55 – point i

Staff Regulations

Annex XIII – Article 30 – paragraph 3

 

Text proposed by the Commission

Amendment

3. By derogation to paragraph 2, point (e), officials recruited on the basis of a competition at a grade lower than AST 3 may be classified by the appointing authority before 31 December 2015 as Assistants in the interest of the service and upon the basis of the post occupied on 31 December 2012. Each appointing authority shall lay down provisions to give effect to this Article in accordance with Article 110 of the Staff Regulations. However, the total number of Administrative Assistants in transition benefiting from this provision shall not exceed 5% of the Administrative Assistants in transition on 1 January 2013.

deleted

Justification

This follows from amendments 60 and 61; see the justification to those amendments.

Amendment  63

Proposal for a regulation

Article 1 – point 55 – point i

Staff Regulations

Annex XIII – Article 30 – paragraph 7

 

Text proposed by the Commission

Amendment

7. Officials who were authorised, on the basis of Article 55(2)(e) of the Staff Regulations and Article 4 of Annex IVa to the Staff Regulations, to work part time for a period starting before 1 January 2013 and extending beyond that date may continue to work part time under the same conditions during a maximum overall period of five years.

7. Officials who were authorised, on the basis of Article 55a(2)(e) of the Staff Regulations and Article 4 of Annex IVa to the Staff Regulations, to work part time for a period starting before 1 January 2013 and extending beyond that date may continue to work part time under the same conditions during a maximum overall period of five years.

Justification

Article 55a(2)(e) is the correct cross-reference. The amendment seeks to correct the mistake.

Amendment  64

Proposal for a regulation

Article 1 – point 55 – point i

Staff Regulations

Annex XIII – Article 30 – paragraph 7 a (new)

 

Text proposed by the Commission

Amendment

 

7a. For officials whose pensionable age under Article 22 of this Annex is less than 65 years, the period of three years referred to in Article 55a(2)(e) of the Staff Regulations may exceed their pensionable age, without however exceeding the age of 65 years.

Justification

This amendment seeks to allow officials whose pensionable age under the transitional provisions is lower than 65 years and who would like to continue working beyond that age to be eligible to work part-time before retirement.

Amendment  65

Proposal for a regulation

Article 1 – point 55 – point i

Staff Regulations

Annex XIII – Article 31

 

Text proposed by the Commission

Amendment

31. By way of derogation from the first sentence of the fourth subparagraph of Article 1 of Annex II to the Staff Regulations, the representation of the function group AST/SC need not to be ensured in the Staff Committee until 1 January 2017.

deleted

Amendment  66

Proposal for a regulation

Article 1 – point 55 – point i

Staff Regulations

Annex XIII – Article 31 a (new)

 

Text proposed by the Commission

Amendment

 

Article 31a

 

By way of derogation from the second subparagraph of Article 40(2) of the Staff Regulations, the total length of leave on personal grounds shall be as follows:

 

 

Beginning of the leave before:

Total length

 

 

01/01/2013

15 years

 

 

01/01/2015

12 years

 

 

01/01/2017

9 years

Amendment  67

Proposal for a regulation

Article 2 – point 10 a (new)

Conditions of Employment

Article 16 – paragraph 1

 

Text proposed by the Commission

Amendment

 

10a. In Article 16, paragraph 1 shall be replaced by the following:

 

"Articles 42a, 42b and 55 to 61 of the Staff Regulations, concerning leave, hours of work, overtime, shiftwork, standby duty at place of work or at home and public holidays, shall apply by analogy. Special leave and parental and family leave shall not extend beyond the term of the contract. In addition, Articles 41, 42, 45 and 46 of the Staff Regulations shall apply by analogy to the temporary servants referred to in Article 29 of Annex XIII to the Staff Regulations, irrespective of their date of engagement';

Amendment  68

Proposal for a regulation

Article 2 – point 10 b (new)

Conditions of Employment

Article 16 – paragraph 4 a (new)

 

Text proposed by the Commission

Amendment

 

10b. In Article 16, the following paragraph shall be added:

 

‘The second and third paragraphs shall not apply to staff members with permanent contracts.’

Amendment  69

Proposal for a regulation

Article 2 – point 11 a (new)

Conditions of Employment

Article 17 – paragraph 4 a (new)

 

Text proposed by the Commission

Amendment

 

11a. In Article 17, the following paragraph shall be inserted after the fourth paragraph:

 

‘Women whose maternity leave begins before the end of their contract shall be entitled to maternity leave and maternity pay.’

Amendment  70

Proposal for a regulation

Article 2 – point 19

Conditions of Employment of Other Servants

Article 47

 

Text proposed by the Commission

Amendment

19. Point (a) of Article 47 shall be replaced by the following:

19. Article 47 shall be replaced by the following:

 

'Article 47

 

Apart from cessation on death, the employment of temporary staff shall cease:

'at the end of the month in which the servant reaches the age of 65, or, on an exceptional basis, at the date fixed in accordance with the second subparagraph of Article 52(b) of the Staff Regulations; or'

(a) at the end of the month in which the servant reaches the age of 65 years or, where applicable, at the date fixed in accordance with Article 50c(2); or

 

(b) where the contract is for a fixed period:

 

(i) on the date stated in the contract;

 

(ii) at the end of the period of notice specified in the contract giving the servant or the institution the option to terminate earlier. The period of notice shall not be less than one month per year of service, subject to a minimum of one month and a maximum of three months. For temporary staff whose contracts have been renewed the maximum shall be six months. The period of notice shall not, however, commence to run during pregnancy duly established by a medical certificate, maternity leave or sick leave, provided such sick leave does not exceed three months. It shall, moreover, be suspended during pregnancy duly established by a medical certificate, maternity or sick leave subject to the limits aforesaid. If the institution terminates the contract, the servant shall be entitled to compensation equal to one third of his basic salary for the period between the date when his duties end and the date when his contract expires;

 

(iii) where the servant no longer satisfies the conditions laid down in Article 12(2), point (a), subject to the possibility of authorising an exception under that provision. Should the exception not be authorised, the period of notice referred to in subpoint (ii) of this point (b) shall apply; or

 

(c) where the contract is for an indefinite period:

 

(i) at the end of the period of notice stipulated in the contract; the length of the period of notice shall not be less than one month for each completed year of service, subject to a minimum of three months and a maximum of 10 months. The period of notice shall not, however, commence to run during pregnancy duly established by a medical certificate, maternity leave or sick leave, provided such sick leave does not exceed three months. It shall, moreover, be suspended during pregnancy duly established by a medical certificate, maternity or sick leave subject to the limits aforesaid; or

 

(ii) where the servant no longer satisfies the conditions laid down in Article 12(2), point (a), subject to the possibility of authorising an exception under that provision. Should the exception not be authorised, the period of notice referred to in subpoint (i) of this point (c) shall apply.';

Amendment  71

Proposal for a regulation

Article 2 – point 19 a (new)

Conditions of Employment

Article 48 – point b

 

Text proposed by the Commission

Amendment

 

19a. In Article 48, point (b) shall be replaced by the following:

 

‘(b) if the servant appointed under a fixed-term contract is unable to resume his duties at the end of a period of paid sick leave as provided for in Article 16. In such case, the servant shall receive an allowance equal to his basic salary, plus family allowances at the rate of two days per month of service completed.’

Amendment  72

Proposal for a regulation

Article 2 – point 21

Conditions of Employment

Article 53 – paragraph 2

 

Text proposed by the Commission

Amendment

In case of an external selection procedure, temporary staff referred to in Article 2(f) shall be engaged only at grades SC1, AST 1 to AST 4 or AD 5 to AD 8. However, the agency may, where appropriate, authorise the engagement at grade AD 9, AD 10, AD 11 or, on an exceptional basis, at grade AD 12. The total number of engagements at grades AD 9 to AD 12 in an agency shall not exceed 20 % of the total number of engagements of temporary staff to the function group AD, calculated over a five-year rolling period.

In case of an external selection procedure, temporary staff referred to in Article 2(f) shall be engaged only at grades SC1 to SC3, AST 1 to AST 4 or AD 5 to AD 8. However, the agency may, where appropriate, authorise the engagement at grade AD 9, AD 10, AD 11 or, on an exceptional basis, at grade AD 12. The total number of engagements at grades AD 9 to AD 12 in an agency shall not exceed 20 % of the total number of engagements of temporary staff to the function group AD, calculated over a five-year rolling period.

Amendment  73

Proposal for a regulation

Article 2 – point 29

Conditions of Employment

Article 88 – subparagraph 1 – point b

 

Text proposed by the Commission

Amendment

In point (b) of the first subparagraph of Article 88, the terms 'three years' shall be replaced by the terms 'six years';

In point (b) of the first subparagraph of Article 88, the terms 'three years' shall be replaced by the terms 'five years';

Amendment  74

Proposal for a regulation

Article 2 – point 33 a (new)

Conditions of Employment

Article 132 a (new)

 

Text proposed by the Commission

Amendment

 

33a. The following Article shall be inserted:

 

'Article 132a

 

In accordance with the implementing measures referred to in Article 125(1) and upon express request of the respective Member or Members whom they support, accredited parliamentary assistants may be paid only once either an installation allowance or a resettlement allowance based on evidence that a change of the place of residence was required. The amount of the allowance shall not exceed one month's basic salary of the assistant.";

Amendment  75

Proposal for a regulation

Article 2 – point 33 b (new)

Conditions of employment

Article 139 – paragraph 1 – point b

 

Text proposed by the Commission

Amendment

 

33b. In Article 139, point (b) shall be replaced by the following:

 

"(b) at the end of the month in which the accredited parliamentary assistant reaches the age of 65 years or, on an exceptional basis, at the date fixed in accordance with the second subparagraph of Article 52(b) of the Staff Regulations;"

Justification

Parliamentary assistants should be given the possibility to work, on an exceptional basis, until the age of 67 years.

Amendment  76

Proposal for a regulation

Article 2 – point 33 c (new)

Conditions of Employment of Other Servants

Article 139 – paragraph 1 – point d

 

Text proposed by the Commission

Amendment

 

33c. In Article 139(1), point (d) shall be replaced by the following:

 

'(d) taking into account the fact that trust is the basis of the working relationship between the Member and his accredited parliamentary assistant, at the end of the period of notice specified in the contract, which shall give the accredited parliamentary assistant or the European Parliament, acting at the request of the Member or Members of the European Parliament whom the accredited parliamentary assistant was taken on to assist, the right to terminate the contract before its expiry. The period of notice shall not be less than one month per year of service, subject to a minimum of one month and a maximum of three months. The period of notice shall not, however, start to run during pregnancy duly established by a medical certificate, maternity leave or sick leave, provided such sick leave does not exceed three months. It shall, moreover, be suspended during pregnancy duly established by a medical certificate, maternity or sick leave subject to these limits;';

Amendment  77

Proposal for a regulation

Article 2 – point 33 d (new)

Conditions of Employment

Article 139 – paragraph 3 a (new)

 

Text proposed by the Commission

Amendment

 

33d. In Article 139, the following paragraph shall be inserted:

 

'3a. The implementing measures referred to in Article 125(1) shall provide for a conciliation procedure which shall apply before the contract of an accredited parliamentary assistant is terminated, at the request of the Member or Members of the European Parliament whom he/she was taken on to assist or the parliamentary assistant concerned, pursuant to paragraphs 1(d) and 3. ';

(1)

OJ C 0, 0.0.0000, p. 0./Not yet published in the Official Journal.

(2)

OJ C 0, 0.0.0000, p. 0./Not yet published in the Official Journal.


EXPLANATORY STATEMENT

All institutions and agencies located in the different places of employment in the EU and its delegations in third countries employ about 55 000 officials and other agents. Compared with national or even local administrations in some Member States this number is very small, and becomes even smaller in scale when one takes into consideration the fact that the European institutions serve approximately 501 million EU citizens.

In 2004 the Staff Regulations and the European civil service underwent a substantial reform, aiming at modernising it and making it more cost-effective. That reform will yield a total of EUR 8 billion of savings by the end of 2020. The main reason for and the core of the present Commission proposal is to provide for the new method of salary and pensions adjustment, including application of the exception clause, and the special levy. This is required owing to the expiry of the relevant provisions of the Staff Regulations at the end of 2012 and in order adequately to respond to the judgment of the Court of Justice in Case C-40/10(1).

Although the changes required by the above expiration date could have been as far as the current proposal to amend the Staff Regulations went, the Commission decided to go beyond these and put forward a number of further modifications. They all fall in the category of various saving measures to be applied together with the new method and special levy.

The rapporteur believes that current reform should touch upon only what has to be changed. The reasons for this are the fact that the main reform of the Staff Regulations, which produced substantial savings, took place few years ago and is still having effects and the necessity strictly to adhere to the calendar for the adoption of the changes currently proposed. It has to be borne in mind that respecting the end of 2012 as the latest possible date for the European Parliament and the Council to reach an agreement is of key importance. Otherwise, with the expiry of the method and special levy, not only will no savings be achieved but also further expenses from the EU budget will have to be incurred.

A final remark needs to be made on the overall context of the current proposal. Preceded by calls for savings to be made by the EU administration, it comes at a time of financial crisis in Europe. Those calls, albeit to be taken seriously and with due consideration, cannot however override the basic considerations concerning the purpose and role of the European civil service. It is vital to strike a balance between savings and the need to ensure that the institutions can perform their tasks and duties in accordance with their obligations and powers under the Treaties. In order to fulfil their Treaty obligations it is indispensable for the institutions to be able to have continuous possibilities of recruiting, and keeping, staff on the basis of value, merits and skills, that is to say, staff who are independent, driven by the European project and its values, highly qualified, multinational, multilingual(2), and willing to move and work abroad on a permanent basis.

1.        Core elements of the proposal

The rapporteur welcomes the fact that the Commission presented its proposal before the expiry date of the method and special levy.

In particular the rapporteur agrees with the proposal to base the method on nominal salary changes (instead of real salary changes) in all the Member States, instead of in only some of them, and hopes that the Commission will be able to find a practical solution to the problem of obtaining relevant data from 27 Member States on time. The rapporteur also stresses that the exception clause should refer to the financial crisis. Finally, the rapporteur agrees to the increase in the special levy, renamed "solidarity levy", to the proposed level of 6%.

2.        Saving measures

2.1      5% staff reduction

The Commission proposes to reduce the staff of each institution and agency by 5%, which reflects its commitment to savings provided for in the proposal for the multiannual financial framework(3). Taking into account that, according to the authorised establishment plan staff(4), in 2011 the institutions and agencies could employ in total 46 678 staff (officials and other agents, excluding contract agents), this would mean a reduction by 2 334 staff members in all categories and a further reduction of about 400 contract agents. The reduction is to take place by 2018 by not replacing a certain number of "natural" departures of staff from the Institutions (owing, e.g., to retirement or end of contract).

It is to be noted that the proposal implies an automatic reduction of 5% of staff by each Institution and agency. While the Commission is right in examining this as a possibility for making savings, it is wrong to claim that it should apply automatically to all the Institutions. This will not prove realistic. Some Institutions might need at best to freeze the existing staff level given the new competences granted to them by the Treaties or resulting from future enlargements, while for others, an actual increase in the number of staff might be necessary in the future(5). Therefore, more tailor-made solutions will be needed.

The Commission proposal envisages that a link be established between the multiannual financial framework (MFF) and the Institutions' establishment plan by introducing an amendment to Article 6 of the Staff Regulations. That is to secure the obligation to respect the Institutions' and agencies' commitment to reduce the number of staff by 5%. However, the Staff Regulations provide already that "The establishment plan appended to the section of the budget related to each institution shall indicate the number of posts in each grade and function group." It is clear from that provision that the Institutions have to respect in their establishment plans the budgetary commitments arising from the Institutions' budgets, which rely on the general EU budget and, in turn, on the MFF. There is no reason to create an additional link between the Staff Regulations and the EU financial framework. It should also be noted that heading 5 of the MFF covers "Administrative expenditure of the institutions" which goes well beyond their expenditure related to staff.

Therefore, whilst the rapporteur believes that the Institutions should introduce the necessary savings, the detailed method and choice of resources on which such savings are to be made must be left to the Institutions themselves. They are best placed to indicate exactly and decide where the cuts can be introduced so as to not hamper their proper functioning. A commitment to that end would be more appropriate.

For the reasons stated above the rapporteur therefore suggests not to follow this proposal.

2.2      Working conditions

The rapporteur points out that other savings measures proposed by the Commission relate to conditions of employment and include, for instance:

a)        amendments concerning working time:

-          an increase in working time by introducing a minimum number of working hours (40) without compensation in terms of remuneration,

-          a reduction in the annual travelling time home to 3 days;

b)        amendments to the pension system:

-         an increase in pensionable age from 63 to 65, with a possibility to continue working until 67 years,

-          increasing the age for early retirement from 55 to 58,

-          a reduction in the number of officials benefiting from early retirement from 10% to 5% in all institutions in a given year;

c)        amendments concerning allowances and entitlements:

-          a reduction in annual travel home allowance,

-          an adaptation of the rules on the reimbursement of removal costs,

-          an adaptation of the rules on the reimbursement of mission costs.

Some of those measures have to be seen in the context of the recent adaptations of working conditions put in place in Member States, in particular increases in the retirement age, which reflect current demographic trends throughout the EU. Others, although fulfilling their role of savings measures, cannot really be considered to be key points of the proposed amendments.

A particular proposal is made to give the institutions the possibility to introduce flexible working-time arrangements as a method of modern human resources management. The rapporteur sees the Commission approach as going in the right direction but will explore the need potentially to limit such arrangements with respect to some categories of staff.

2.3      Assistants (AST grade) career package

The 2004 reform created a new structure for the AST career. However, it appears(6) that the salary structure and career system of ASTs require further adjustments.

The Commission initially proposed contractualising staff at the level of secretaries as a remedy. During the initial exchange of views with the Commission and its Vice President M. Šefčovič in the Legal Affairs Committee in July 2011, it was made clear that such proposal would bring a danger of not responding to the needs of the Institutions in terms of securing staff of a particular profile (e.g., linguistic) and thus would not be acceptable. This was also made clear during the social dialogue conducted by the Commission in the run up to the adoption of the formal proposal.

The Commission finally decided to propose a new AST/SC category with the objective of having a lower career for people charged with simpler tasks and duties. It is proposed that this new category will enter the service at a grade that is two grades lower than AST 1. It should be stressed that, while not objecting to the AST/SC category, the rapporteur cannot accept such a low entry grade. It is necessary that entry grades in all categories guarantee the institutions the recruitment of appropriate staff. In this particular case, it is indispensable to guarantee that the Institutions are able to recruit secretaries (in most cases women) representing a wide range of nationalities and linguistic skills to keep up with the requirements of the multinational and multilingual service, which remains the absolute basis of the multinational EU Institutions serving the citizens of the 27 EU Member States. In this context, the preservation of geographical balance in the Institutions is an important factor that cannot be abandoned and has to be particularly taken care of. The ability of the institutions to provide a high level service on a continuous basis has to be balanced in this case against the potential savings. It is also important that the principle of gender equality is properly safeguarded. Therefore, the rapporteur proposes to set the entry grade for the AST/SC category at one level below AST 1.

With respect to the AST grade the rapporteur points to two elements of the proposal. Firstly there is the limit of the AST career to AST 7 for assistants in transition recruited after 1 May 2004. The rapporteur points out that this amounts to a breach of recruitment conditions whereby this group of assistants had a perspective of career up to AST 11. To mitigate that, a limit could be set at grade AST 9. Secondly, the rapporteur suggests taking a careful look at the proposed restructuring of the AST career whereby the two highest grades would be reserved only for staff exercising a significant level of responsibilities.

3.        Specific points

The rapporteur has decided to address in the draft report a few points that are specific to some institutions only and have required a solution for some time now. This includes an amendment introducing specific provisions referring to the retirement of parliamentary assistants. To keep up with the institutions' commitment to be an equal opportunities employer, the rapporteur also proposes an amendment to take care of the situation of staff with disabilities

(1)

C-40/10 Commission v Council, not yet reported in the ECR.

(2)

Staff are required to demonstrate the ability to work in 3 official languages of the EU before their first promotion.

(3)

Proposal for a Council Regulation laying down the multiannual financial framework for the years 2014-2020 (COM (2011)398).

(4)

OJ L 68, 15.3.2011, p. 1.

(5)

It should be noted that in the years 2000-2010 the changing tasks of the institutions imposed by the Treaties and the enlargements resulted in the following growth in staff numbers: 21,6% Commission, 34,3% Council, 52,5% European Parliament, 90,8% Court of Justice, 61,1% Court of Auditors, 35,2% EESC, 140% Committee of the Regions.

(6)

See also Commission report of 30.3.2011 on equivalence between old and new career structures. Article 6 of the Staff Regulations (COM(2011)171).


OPINION of the Committee on Budgets (21.3.2012)

for the Committee on Legal Affairs

on the proposal for a regulation of the European Parliament and of the Council amending the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Union

(COM(2011)0890 – C7-0507/2011 – 2011/0455(COD))

Rapporteur: George Lyon

SHORT JUSTIFICATION

Background information

In the current economic context, the opportunity to modernise EU Staff Regulations to better reflect the demographic and economic realities of Europe should be supported. However it is important that the principles underpinning a sound and modern human resources policy in the EU institutions should be based in particular on the need to reward performance and quality of service and take account of geographical balance. Your Rapporteur believes that these principles should be at the heart of the new reforms and any changes must also ensure the fairness of the EU system, reflect the national administrations' consolidation efforts and the conditions offered by other international organisations.

In this regard, your Rapporteur welcomes the Commission's proposal which, following due social dialogue, appears to strike a satisfactory balance between the need for further efficiency and savings, in line with the consolidation of public finances in EU Member States, and the need for institutions to attract highly qualified and independent staff with the ability to implement EU policies in an efficient and effective manner.

The major reform of the Staff Regulations in 2004 which introduced significant changes to all areas of the European civil service has already achieved savings of EUR 3 billion with a further 5 billion Euros to come by 2020. The administrative expenditure of the EU represents only 5.8% of the multi-annual financial framework (MFF) 2007 – 2013 which itself represents around 1% of the EU's GDP.

BUDG Committee's competence

Your Rapporteur notes that the main elements of the proposal, changes to pensions, weekly working hours, new solidarity levy, new method for adjusting salaries and pensions, changes in the career system etc. are all explicitly dealt with by the new legislative provisions. However, your Rapporteur considers that, while these elements will be decided in this legislative procedure, the proposed 5% reduction in all institutions and bodies' staffing falls within the remit of the Committee on Budgets (BUDG).

BUDG is responsible within EP for any decision on EU institutions' administrative budget and establishment plans, in the context of the annual budget procedure. Any staff reduction objective should not pre-empt the decisions of the budgetary authority, nor the outcome of upcoming negotiations on 2014-2020 MFF, also under the remit of BUDG in the EP.

Your Rapporteur believes that given the enlargement to Croatia and new tasks arising from the Lisbon Treaty and the economic crisis, a careful scrutiny of all the institutions and bodies' needs must be carried out to assess the impact of the proposed staff reductions on the level and quality of programmes' implementation and, more generally, on the quality of the institutions' work before any political commitment can be taken in this field.

The amendments proposed by your Rapporteur are to give clarity in this regard and ensure the BUDG prerogatives are protected, and not pre-empted by decisions in the context of other procedures.

Your Rapporteur considers that the substance of the proposed legislative modifications should be dealt with by JURI as competent Committee. Nevertheless, to better inform the latter's upcoming decisions, the detailed budgetary impact of the measures proposed is presented below.

Finally, your Rapporteur is confident in the continued close cooperation between JURI and BUDG Committees, should amendments that have any significant budgetary impact be considered later during the procedure.

Short description of the budgetary impact of Commission's proposal

The budgetary impact of the Commission's proposal is an overall saving of EUR 1 010 million in the period 2014-2020, some 80% of which stem from the 5% staff reduction which is outside the Commission's formal proposal, and 'long-term' savings of EUR 1 022 million per annum at cruising speed (from 2060 onwards). The sources of such savings are presented below (according to Commission's methodology used for the legislative financial statement attached to its proposal).

Estimation of expected savings in administrative expenditure in the short and long-term

(Excluding operational MFF headings, e.g. agencies)

 

Budgetary impact on Heading V

(in EUR million)

 

Total savings

2013-2020

 

Annual savings at "cruising speed" (long term)

5% staff reduction

Remuneration

832

195

Pensions

2

144

Total

834

339

New carrier structure for Assistants

Remuneration

85

64

Pensions

5

86

Total

90

150

New function group for secretaries (AST/SC)

Remuneration

97

213

Pensions

0

160

Total

97

373

Increase of the retirement age

Remuneration

0

-49

Pensions

2

207

Total

2

158

Travel allowances

Remuneration

18

2

Pensions

0

0

Total

18

2

ALL MEASURES

Remuneration

1.032

425

Pensions

9

597

Total

1.041

1.022

Finally, your Rapporteur wishes to express his concerns about the pressure on the timetable and the unfortunate possibility that if no agreement is reached on the proposal by the end of 2012, there is a real possibility of all salaries in the institutions increasing by 5.5% due to the lapsing of the current special levy. This would run contrary to the desired outcome of the reform and would place all institutions and staff in an uncomfortable position with our EU citizens who are deeply affected by the crisis and therefore, we should make every effort to avoid that situation.

AMENDMENTS

The Committee on Budgets calls on the Committee on Legal Affairs, as the committee responsible, to incorporate the following amendments in its report:

Amendment  1

Draft legislative resolution

Paragraph 1 a (new)

Draft legislative resolution

Amendment

 

1a. Considers that no political agreement on staff reductions in Union institutions and bodies should impair its budgetary prerogatives in the context of other procedures, such as the annual budgetary procedure and upcoming negotiations on the 2014-2020 multiannual financial framework; will strongly oppose any attempt to pre-empt the outcome of such negotiations;

Justification

The EP as Budgetary Authority is responsible for any decision on EU institutions' administrative budget and establishment plans in the context of the annual budget procedure. Any staff reduction objective should not pre-empt the decisions of the budgetary authority in this context, nor the outcome of upcoming negotiations on 2014-2020 MFF. This is all the more crucial that the impact of any significant staff reductions on the quality of the institutions' work should be thoroughly assessed before any political commitment can be taken in this field.

Amendment  2

Draft legislative resolution

Paragraph 1 b (new)

Draft legislative resolution

Amendment

 

1b. Believes that the Commission proposal, which mainly tries to make savings to the detriment of staff in low grades, is problematic in terms of social justice;

Amendment  3

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(1) The European Union and its more than 50 institutions and agencies should be equipped with a high-quality European public administration, so as to enable it to perform its tasks to the highest possible standard in accordance with the Treaties and to meet the challenges, both internal and external, that it will face in the future.

(1) The European Union and its more than 50 institutions and agencies should be equipped with a high-quality European public administration, so as to enable it to perform its tasks, including the new tasks deriving from the Treaties, to the highest possible standard in accordance with the Treaties and to meet the challenges, both internal and external, that it will face in the future, notably the possible accession of further countries.

Amendment  4

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

(2) Consequently, it is necessary to provide a framework for the recruitment of high calibre staff in terms of productivity and integrity, drawn on the widest possible geographical basis from among citizens of the Member States, and to enable such staff to carry out their duties as effectively and efficiently as possible.

(2) Consequently, it is necessary to provide a framework for the recruitment of staff with the highest level of skills and competences, drawn on the widest possible geographical basis from among citizens of the Member States, and to enable such staff to carry out their duties as effectively and efficiently as possible, notably through an appropriate career development system that rewards performance, dedication and quality of service.

Amendment  5

Proposal for a regulation

Recital 3 a (new)

Text proposed by the Commission

Amendment

 

(3a) While the amendments to the Staff Regulations introduced by this Regulation will result in some savings for the Union budget, they should in no way pre-empt upcoming decisions on changes in the staffing of Union institutions and agencies, which fall within the sole remit of the budgetary authority.

Justification

The EP as Budgetary Authority is responsible for any decision on EU institutions' administrative budget and establishment plans in the context of the annual budget procedure. Any staff reduction objective should not pre-empt the decisions of the budgetary authority in this context, nor the outcome of upcoming negotiations on 2014-2020 MFF. This is all the more crucial that the impact of any significant staff reductions on the quality of the institutions' work should be thoroughly assessed before any political commitment can be taken in this field.

Amendment  6

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

(6) The potential advantages for officials and other servants of the European Union of the application of the method should be balanced by the continuation of the system of special levy, to be renamed as 'solidarity levy'. While the rate of the special levy in force during the period from 2004 to 2012 increased gradually over time and averaged at 4.23 %, it seems appropriate in the present circumstances to increase the solidarity levy at the uniform rate of 6%, so as to take account of a difficult economic context and its ramifications for public finances throughout the European Union. Such a solidarity levy should apply to all officials and other servants of the European Union for the same period as the 'method' itself.

(6) The potential advantages for officials and other servants of the European Union of the application of the method should be balanced by the continuation of the system of special levy, to be renamed as ‘solidarity levy’. While the rate of the special levy in force during the period from 2004 to 2012 increased gradually over time and averaged at 4.23 %, it seems appropriate in the present circumstances to increase the solidarity levy at the uniform rate of 6%, so as to help to finance the Union’s growth and employment policies from the Union's budget and to take account of a difficult economic context and its ramifications for public finances throughout the European Union, Such a solidarity levy should apply to all officials and other servants of the European Union for the same period as the ‘method’ itself.

Amendment  7

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(11) Taking this request into account, it is appropriate that promotion to a higher grade should be made conditional on performing duties whose importance justifies the official's appointment to that higher grade.

(11) Taking this request into account, it is appropriate that promotion to a higher grade should be made conditional on personal dedication, improving skills and competences, and performing duties whose importance justifies the official's appointment to that higher grade.

Amendment  8

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

(14) Working hours applied in the institutions should be aligned to those in force in certain of the Member States of the European Union to compensate for the reduction of staff in the institutions. The introduction of a minimum number of weekly working hours will ensure that the staff employed by the institutions is able to carry out the work-load resulting from the European Union's policy objectives while, at the same time, harmonising working conditions in the institutions, in the interest of solidarity throughout the European Union's civil service.

(14) Working hours applied in the institutions should be aligned to those in force in certain of the Member States of the European Union. The introduction of a minimum number of weekly working hours will ensure that the staff employed by the institutions is able to carry out the work-load resulting from the European Union's policy objectives while, at the same time, harmonising working conditions in the institutions, in the interest of solidarity throughout the European Union's civil service.

Justification

The size of the EU public service is to be determined in the context of the MFF 2014-2020 negotiation and of the annual budgetary procedures. While current fiscal consolidation efforts carried out by Member States would advise a temporary reduction of EU administrative expenditure, this reduction should not apply automatically to all institutions nor become permanent in view of the increasing competences and tasks conferred upon the EU.

Amendment  9

Proposal for a regulation

Article 1 – point 3

Staff Regulations of Officials

Article 6 – paragraph 1

 

Text proposed by the Commission

Amendment

1. The establishment plan appended to the section of the budget related to each institution shall indicate the number of posts in each grade and function group.

1. The establishment plan appended to the section of the budget related to each institution shall indicate the number of posts in each grade and function group.

Each institution’s establishment plan shall reflect the obligations set out in the multi-annual financial framework and the inter-institutional agreement on its implementation.

 

Justification

Such obligation is redundant since already provided for in Article 312 of the TFEU

Amendment  10

Proposal for a regulation

Article 1 – point 8

Staff Regulations of Officials

Article 27 – paragraphs 1 and 2

 

Text proposed by the Commission

Amendment

Recruitment shall be directed to securing for the institution the services of officials of the highest standard of ability, efficiency and integrity, recruited on the broadest possible geographical basis from among nationals of Member States of the European Union. No posts shall be reserved for nationals of any specific Member State.

Recruitment shall be directed to securing for the institution the services of officials of the highest standard of skills, competences, ability, efficiency and integrity, recruited on the broadest possible geographical basis from among nationals of Member States of the European Union. No posts shall be reserved for nationals of any specific Member State.

The principle of the equality of Union’s citizens shall allow each institution to adopt corrective measures following the observation of a long lasting and significant imbalance between nationalities among officials which is not justified by objective criteria. These corrective measures shall never result in recruitment criteria other than those based on merit. Before such corrective measures are adopted, the appointing authority of the institution concerned shall adopt general provisions for giving effect to this paragraph in accordance with Article 110.

The principle of the equality of Union’s citizens shall allow each institution to adopt corrective measures following the observation of a long lasting and significant imbalance between nationalities among officials, taking into account the breakdown into each category and into each grade separately, which is not justified by objective criteria. These corrective measures shall never result in recruitment criteria other than those based on merit. Before such corrective measures are adopted, the appointing authority of the institution concerned shall adopt general provisions for giving effect to this paragraph in accordance with Article 110.

Amendment  11

Proposal for a regulation

Article 1 – point 10

Staff Regulations of Officials

Article 31 – paragraph 2

 

Text proposed by the Commission

Amendment

Without prejudice to Article 29(2), officials shall be recruited only at grades SC 1, AST 1 to AST 4 or AD 5 to AD 8.

Without prejudice to Article 27 and Article 29(2), officials shall be recruited only at grades SC 1, AST 1 to AST 4 or AD 5 to AD 8.

Amendment  12

Proposal for a regulation

Article 1 – point 14 a (new)

Staff Regulations of Officials

Article 44 – paragraph 1

 

Text proposed by the Commission

Amendment

 

14a. The first paragraph of Article 44 shall be replaced by the following:

 

An official who has been at one step in his grade for two years shall automatically advance to the next step in that grade, except officials in grade AD 12 or AST 10 or higher and without staff management responsibilities, who shall automatically advance to the next step in their grade after three years.

PROCEDURE

Title

Staff Regulations of Officials and Conditions of Employment of Other Servants of the EU

References

COM(2011)0890 – C7-0507/2011 – 2011/0455(COD)

Committee responsible

       Date announced in plenary

JURI

19.1.2012

 

 

 

Committee(s) asked for opinion(s)

       Date announced in plenary

BUDG

19.1.2012

 

 

 

Rapporteur(s)

       Date appointed

George Lyon

25.1.2012

 

 

 

Date adopted

21.3.2012

 

 

 

Result of final vote

+:

–:

0:

30

3

3

Members present for the final vote

Marta Andreasen, Richard Ashworth, Reimer Böge, Zuzana Brzobohatá, James Elles, Göran Färm, José Manuel Fernandes, Eider Gardiazábal Rubial, Salvador Garriga Polledo, Jens Geier, Ivars Godmanis, Ingeborg Gräßle, Carl Haglund, Lucas Hartong, Jutta Haug, Monika Hohlmeier, Sidonia Elżbieta Jędrzejewska, Anne E. Jensen, Ivailo Kalfin, Sergej Kozlík, Jan Kozłowski, Alain Lamassoure, Giovanni La Via, George Lyon, Claudio Morganti, Nadezhda Neynsky, Potito Salatto, Helga Trüpel, Derek Vaughan, Jacek Włosowicz

Substitute(s) present for the final vote

Lidia Joanna Geringer de Oedenberg, María Muñiz De Urquiza, Georgios Papastamkos, Georgios Stavrakakis, Gianluca Susta

Substitute(s) under Rule 187(2) present for the final vote

Eva Ortiz Vilella


OPINION of the Committee on Budgetary Control (20.3.2012)

for the Committee on Legal Affairs

on the proposal for a regulation of the European Parliament and of the Council amending the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Union

(COM(2011)0890 – C7-0507/2011 – 2011/0455(COD))

Rapporteur: Ingeborg Gräßle

AMENDMENTS

The Committee on Budgetary Control calls on the Committee on Legal Affairs, as the committee responsible, to incorporate the following amendments into its report:

Amendment  1

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

(2) Consequently, it is necessary to provide a framework for the recruitment of high calibre staff in terms of productivity and integrity, drawn on the widest possible geographical basis from among citizens of the Member States, and to enable such staff to carry out their duties as effectively and efficiently as possible.

(2) Consequently, it is necessary to provide a framework for the recruitment of high calibre staff in terms of productivity and integrity, drawn on the widest possible geographical basis from among citizens of the Member States, and to enable such staff to carry out their duties as effectively and efficiently as possible. In this respect, it is necessary to overcome the current difficulties experienced by the institutions in recruiting officials or staff from certain Member States – Germany, the United Kingdom, Austria and the Netherlands – owing to working conditions in the institutions being less attractive and less competitive than in other sectors in those Member States.

Amendment  2

Proposal for a regulation

Recital 2 a (new)

Text proposed by the Commission

Amendment

 

(2a) Given the very limited size of the European civil service when measured against the objectives of the Union and its population, decreases in the number of staff of the institutions and agencies of the Union should not lead to any impairment of the performance of their tasks, duties and functions in accordance with the obligations and powers under the Treaties. In this regard, there is a need for greater transparency of the personnel costs incurred by each institution and agency with respect to all categories of staff employed by them.

Amendment  3

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(3) A broader aim should be to optimise the management of human resources in a European civil service characterised by competence, independence, loyalty, impartiality and stability, as well as by cultural and linguistic diversity.

(3) A broader aim should be to optimise the management of human resources in a European civil service characterised by its excellence, competence, independence, loyalty, impartiality and stability, as well as by cultural and linguistic diversity and attractive recruitment conditions.

Amendment  4

Proposal for a regulation

Recital 13

Text proposed by the Commission

Amendment

(13) With a view to adjusting career structures in the current domains of AST staff even further to different levels of responsibility and as an indispensable contribution to limiting administrative expenses, a new function group ‘AST/SC’ for secretarial and clerical staff should be introduced. Salaries and promotion rates establish a suitable correspondence between the level of responsibility and the level of remuneration. In this way it will be possible to preserve a stable and comprehensive European civil service.

(13) With a view to adjusting career structures in the current domains of AST staff even further to different levels of responsibility and as an indispensable contribution to limiting administrative expenses, a new function group ‘AST/SC’ for secretarial and clerical staff should be introduced. Salaries and promotion rates should establish a suitable correspondence between the level of responsibility and the level of remuneration. In this way it will be possible to preserve a stable and comprehensive European civil service. The Commission should assess and report on the scale and effects of introducing this new function group, taking particular account of the situation of women, so that the preservation of a stable and comprehensive European civil service can be ensured.

Amendment  5

Proposal for a regulation

Recital 18

Text proposed by the Commission

Amendment

(18) Some staff members must frequently go on mission to the other principal places of work of their institution. These situations are at present not adequately taken into account in the rules on missions. These rules should therefore be adapted, in order to allow in such cases the reimbursement of accommodation costs on the basis of a flat-rate sum.

(18) Some staff members must frequently go on mission to the other principal places of work of their institution. These situations are at present not adequately taken into account in the rules on missions. These rules should therefore be adapted, in order to allow in such cases the reimbursement of a flat-rate sum based on the average local accommodation costs.

Amendment  6

Proposal for a regulation

Recital 20

Text proposed by the Commission

Amendment

(20) Transitional arrangements should be provided to enable the new rules and measures to be applied gradually, whilst respecting the acquired rights and legitimate expectations of the staff employed before the entry into force of these amendments to the Staff Regulations.

(20) Transitional arrangements should be provided to enable the new rules and measures to be applied gradually, whilst respecting the acquired rights and legitimate expectations of the staff employed before the entry into force of these amended Staff Regulations.

Amendment  7

Proposal for a regulation

Recital 21

Text proposed by the Commission

Amendment

(21) In the interest of simplification and of a consistent staff policy, the rules adopted by the Commission to implement the Staff Regulations should apply by analogy to the agencies. However, in order to ensure that the specific situation of agencies may, if necessary, be taken into account, agencies should be entitled to request the Commission's authorisation to adopt implementing rules which derogate from those adopted by the Commission, or not to apply the Commission's rules at all.

(21) In the interest of simplification and of a consistent staff policy, the rules adopted by the Commission to implement the Staff Regulations should apply by analogy to the agencies. However, in order to ensure that the specific situation of agencies may, if necessary, be taken into account, agencies should be entitled to request the Commission's authorisation to adopt implementing rules which derogate from those adopted by the Commission.

Amendment  8

Proposal for a regulation

Recital 22

Text proposed by the Commission

Amendment

(22) A register of all of the rules adopted to give effect to the Staff Regulations should be set up and administered within the Court of Justice of the European Union. This register, which can be consulted by all institutions and agencies, will allow for transparency and promote a cohesive application of the Staff Regulations.

(22) A register of all of the rules adopted to give effect to the Staff Regulations, including authorised derogations therefrom, should be set up and administered within the Court of Justice of the European Union. This register, which can be consulted by all institutions and agencies, will allow for transparency and promote a cohesive application of the Staff Regulations.

Amendment  9

Proposal for a regulation

Recital 26

Text proposed by the Commission

Amendment

(26) The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council,

(26) The Commission, when preparing and drawing-up delegated acts, must ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council,

Amendment  10

Proposal for a regulation

Article 1 – point 2 – point a

Staff Regulations of Officials of the European Union

Article 5 – paragraph 1

 

Text proposed by the Commission

Amendment

1. The posts covered by the Staff Regulations shall be classified, according to the nature and importance of the duties to which they relate, in an administrators' function group (hereinafter “AD”), an assistants' function group (hereinafter “AST”) and a secretaries and clerks' function group (hereinafter “AST/SC”).

1. The posts covered by the Staff Regulations shall be classified, according to the nature and importance of the duties to which they relate, in an administrators' function group (hereinafter “AD”), an assistants' function group (hereinafter “AST”) and a secretarial and clerks' function group (hereinafter “AST/SC”).

Amendment  11

Proposal for a regulation

Article 1 – point 5 a (new)

Staff Regulations of Officials of the European Union

Article 11a – paragraph 1

 

Text proposed by the Commission

Amendment

 

5a. Article 11a(1) shall be replaced by the following:

 

'1. An official shall not, in the performance of his duties and save as hereinafter provided, deal with a matter in which, directly or indirectly, he has any personal interest such as to impair his independence, and, in particular, family and financial interests, or any other conflict of interest relating inter alia to previous employment undertaken in the past five years. All newly appointed officials shall be required, before starting to work for the institution to which they belong, to fill in and submit a comprehensive "declaration of interest" form which includes information about their previous employers and previous clients covering at least the past five years.

 

The term "conflict of interest" shall be interpreted, in line with the definition promoted by the OECD, as meaning a conflict between the public duties and private interests of an official, in which the official has private-capacity interests which could improperly influence the performance of his official duties and responsibilities. In addition, a conflict of interest shall also be deemed to exist in situations where former officials could use insider knowledge, know-how, influence and contacts gained whilst in the service of the institutions to benefit their own or their subsequent employers' or clients' financial interests.';

Justification

The Staff Regulations should be strengthened with regards to the prevention and management of conflict of interest and be less prone to interpretation. The current formulation leads to a lack of consistency of measures implemented by the institutions in this area and sap the EU citizens' confidence towards the EU institutions, agencies and other bodies.

Amendment  12

Proposal for a regulation

Article 1 – point 5 b (new)

Staff Regulations of Officials of the European Union

Article 12b – paragraph 1

 

Text proposed by the Commission

Amendment

 

5b. Article 12b(1) shall be replaced by the following:

 

'1. Subject to Article 15, an official wishing to engage in an outside activity, whether paid or unpaid, or to carry out any assignment outside the Union, shall first obtain the permission of the Appointing Authority. Permission shall be refused only if the activity or assignment in question is such as to interfere with the performance of the official's duties or to call into question his independence and loyalty to the institution, or is incompatible with the interests of the institution.';

Justification

Many cases of conflicts of interest and alleged conflicts of interest in the EU institutions have been reported over the last few years. The Staff Regulations should be strengthened with regards to the prevention and management of conflict of interest and be less prone to interpretation.

Amendment  13

Proposal for a regulation

Article 1 – point 6 a (new)

Staff Regulations of Officials of the European Union

Article 22 c (new)

 

Text proposed by the Commission

Amendment

 

6a. The following Article shall be inserted after Article 22b:

 

'Article 22c

 

Every institution shall put in place an independent procedure for the handling of complaints by officials concerning the way in which they are treated after and/or in consequence of the fulfilment by them of their obligations under Article 22a and/or Article 22b. The institution concerned shall ensure that such complaints are handled confidentially within two months. If that deadline cannot be adhered to, the institution concerned shall inform the complainant(s) in writing of the reasons for the delay.

 

Every institution shall lay down internal guidelines on whistleblowing containing inter alia rules on:

 

– the provision to officials referred to in Article 22a(1) and/or Article 22b ("whistleblowers") of information on the handling of the matters reported by them,

 

– the protection of the legitimate interests of whistleblowers and of their privacy, and

 

– the independent procedure for the handling of complaints referred to in the first paragraph of this Article.'

 

Those internal guidelines shall respect the principles set out in Annex A hereto.

 

'Annex A

 

Article 1

 

1. Any official who, in the course of or in connection with the performance of his duties, becomes aware of or honestly believes in the existence of breaches of law, non-compliance by other officials with obligations deriving from fundamental ethical principles, waste and/or risks detrimental to the interests of the European Union shall have the right to report the matter and to provide supporting information to either his immediate superior or his Director-General, or the persons in equivalent positions, or, if the matter concerns the competences of the European Anti-Fraud Office (OLAF), directly to OLAF. Each institution must also provide a channel of communication which allows for the anonymous bilateral communication of messages in accordance with this Article.

 

2. Each institution shall ensure that any official who communicates information in accordance with paragraph 1 (a "whistleblower") receives prompt confirmation of receipt of that information and is informed within four weeks of the approximate amount of time needed for analysis of the matters communicated by him, which should not exceed six months. If that period is exceeded, the whistleblower shall be informed of the reasons for the need to extend it and of the estimated total duration. The same shall apply for every consecutive period of three months.

 

3. If preliminary analysis gives reason to believe that the matter involves areas within the competences of OLAF, the case shall be transferred to OLAF. The whistleblower shall be promptly informed of that transfer. In relation to the whistleblower and the way in which the whistleblowing is handled, OLAF shall have the same obligations as the initial recipient and his institution.

 

4. Each institution shall ensure that the identity of the whistleblower is treated as confidentially as possible. The institution concerned, and/or OLAF, shall also be responsible for informing the whistleblower immediately of any breaches of, or risks to, anonymity and confidentiality.

 

5. Each institution shall ensure that each matter reported by a whistleblower is analysed. Analyses shall be impartial, adequate, prompt, properly documented, done by competent bodies and incapable of being influenced by people accused or suspected by the whistleblower. The whistleblower shall have the right to be properly informed and heard before an analysis is completed. He shall also be informed of the final outcome and shall have the right to access the documents relating thereto.

 

6. The procedural, privacy and data protection rights of all persons involved, and the secrecy needs of the institutions, shall be respected throughout the processing of whistleblowing cases.

 

7. An official shall not suffer any prejudice as a result of his whistleblowing or the handling thereof by the institution concerned, and shall be protected by that institution against any such prejudice that arises or could arise from acts by other officials or third parties. If the whistleblower suffers prejudice and a link between that prejudice and his whistleblowing cannot be excluded, the institution shall be obliged to prove the non-existence of such link.

 

8. Undue interference by an official in the processing of a whistleblowing case (for example, in the form of manipulation of an analysis or any act causing prejudice to a whistleblower) shall render that official liable to a disciplinary action. An official who abuses the whistleblowing process shall also be liable to a disciplinary action if it can be shown that he had knowingly raised a false concern or knowingly provided false information.

 

9. The institutions shall establish a system of internal support providing independent confidential counselling to potential whistleblowers, and shall communicate their whistleblowing policy to their staff in a transparent and constructive manner. Mechanisms shall be established for the anonymous communication to whistleblowers of measures successfully taken in concrete cases, such as the detection of risks, avoidance of wrongdoing, sanctioning of wrongdoers, avoidance of retaliation and sanctioning of malicious whistleblowing.

 

10. The institutions shall monitor and regularly evaluate the application of this Article and shall take proactive measures and provide risk-awareness and whistleblowing training with a view to promoting best practice in the application of these provisions. A coordinated system for the registration, tracking and tracing of disclosures shall be established, without prejudice to paragraph 6.

 

11. This Article shall also apply in any case in which an official exercises his rights under Article 21a of the Staff Regulations or where an official has a duty to report any of the matters referred to in paragraph 1 of this Article.

 

Article 2

 

1. A whistleblower who honestly believes that his rights under Article 22a of the Staff Regulations have not been respected or that breaches of law have been committed by officials in grade AD 14 or above and/or by Members of his institution or OLAF shall be entitled to report the matter and to provide supporting information to the President of the Commission or, if the matter falls within the competences of the Court of Auditors, the President of the Court of Auditors, or the President of the Council, or the President of the European Parliament, or the European Ombudsman.

 

2. A whistleblower who honestly believes that his rights under Article 22b(1) and (3) of the Staff Regulations have not been respected shall be entitled to report the matter and to provide supporting information about suspected wrongdoing detrimental to the interests of the European Union or suspected criminal behaviour on the part of officials and/or Members of his institution to any Member of the European Parliament and, if the matter concerns the competences of the Court of Auditors, to that institution.

 

3. The rights and obligations respectively laid down by Article 22a of the Staff Regulations shall apply to whistleblowers and recipients of information under Article 22b of the Staff Regulations. Such a recipient shall have the right to question any previously involved recipient of information and/or institution previously involved in the matter about the way in which the whistleblowing ha been handled and shall be provided with the necessary information enabling him to analyse the matter.

 

4. Where Union legislation confers on other bodies outside the Union institutions the necessary competences to confidentially assess matters (within the institutions) that could be the subject of disclosures by officials, officials may also address those bodies under the conditions laid down in this Article.

 

5. The recipients of information referred to in paragraphs 1, 2 and 4 shall also have the right to inform the public if they deem this to be necessary.

 

6. If a whistleblower is the subject of disciplinary or other procedures for non-compliance with the recipient limitations laid down by Article 22a or Article 22b and/or, for example, for having provided information to the media and/or the public, any measure taken against him shall take into account whether the information provided was true or the whistleblower believed it to be true. The public interest in the matter shall also be taken into account.';

Amendment  14

Proposal for a regulation

Article 1 – point 6 b (new)

Staff Regulations of Officials of the European Union

Article 24 – paragraph 2

 

Text proposed by the Commission

Amendment

 

6b. The following sentence shall be added to the second paragraph of Article 24:

 

'This shall not apply in respect of costs which the official incurs due to investigations carried out by the European Anti-Fraud Office.';

Justification

The taxpayers should not carry the costs an official incurs due to investigations carried out by OLAF.

Amendment  15

Proposal for a regulation

Article 1 – point 8

Staff Regulations of Officials of the European Union

Article 27 - paragraph 1

 

Text proposed by the Commission

Amendment

Recruitment shall be directed to securing for the institution the services of officials of the highest standard of ability, efficiency and integrity, recruited on the broadest possible geographical basis from among nationals of Member States of the European Union. No posts shall be reserved for nationals of any specific Member State.

Recruitment shall be directed to securing for the institution the services of officials of the highest standard of ability, efficiency and integrity, recruited on the broadest possible geographical basis from nationals of Member States of the European Union. No posts shall be directly or indirectly reserved for nationals of any specific Member State.

Amendment  16

Proposal for a regulation

Article 1 – point 8

Staff Regulations of Officials of the European Union

Article 27 – paragraph 2

 

Text proposed by the Commission

Amendment

The principle of the equality of Union's citizens shall allow each institution to adopt corrective measures following the observation of a long lasting and significant imbalance between nationalities among officials which is not justified by objective criteria. These corrective measures shall never result in recruitment criteria other than those based on merit. Before such corrective measures are adopted, the appointing authority of the institution concerned shall adopt general provisions for giving effect to this paragraph in accordance with Article 110.

The principle of the equality of Union's citizens shall allow each institution to adopt corrective measures following the observation of a long lasting and significant imbalance between nationalities or gender among officials which is not justified by objective criteria. These corrective measures shall never result in recruitment criteria other than those based on merit. Before such corrective measures are adopted, the appointing authority of the institution concerned shall adopt general provisions for giving effect to this paragraph in accordance with Article 110.

Amendment  17

Proposal for a regulation

Article 1 – point 9

Staff Regulations of Officials of the European Union

Article 29 – paragraph 1 – subparagraph 2

 

Text proposed by the Commission

Amendment

'While maintaining the principle that the vast majority of officials shall be recruited on the basis of open competitions, the appointing authority may decide, by way of derogation from point (b), to hold a competition internal to the institution which shall also be open to contract staff as defined in Articles 3a and 3b of the Conditions of Employment of Other Servants of the European Union.';

'While maintaining the principle that the vast majority of officials shall be recruited on the basis of open competitions, the appointing authority may decide, by way of derogation from point (b), to hold a competition internal to the institution which shall also be open to contract staff as defined in Articles 3a and 3b of the Conditions of Employment of Other Servants of the European Union.

 

Contract staff may participate in such internal competitions on condition that they produce evidence of a thorough knowledge of one of the languages of the Union and of a satisfactory knowledge of two other languages of the Union to the extent necessary for the performance of their duties.';

Justification

The following amendment intends to assure that Contract staff who participate in internal competitions are able to carry out their duties in at least 3 languages- streamlining with the conditions of officials.

Amendment  18

Proposal for a regulation

Article 1 – point 9 a (new)

Staff Regulations of Officials of the European Union

Article 29 – paragraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

9a. The following paragraph shall be inserted in Article 29a:

 

'2a. Tailor-made competitions aimed at the recruitment of one specific person shall not be permitted.';

Amendment  19

Proposal for a regulation

Article 1 – point 14 – point a a (new)

Staff Regulations of Officials of the European Union

Article 43 – paragraph 1

 

Text proposed by the Commission

Amendment

 

(aa) The following sentence shall be added after the first sentence of the first paragraph:

 

'That report shall be based on a transparent, readily understandable system for the assessment of officials’ performance, established by the institutions.';

Justification

Under the terms of the Staff Regulations, officials’ ability, performance and conduct must be assessed at least every two years. The amendment seeks to introduce a transparent and readily understandable assessment system.

Amendment  20

Proposal for a regulation

Article 1 – point 14 a (new)

Staff Regulations of Officials of the European Union

Article 44 – paragraph 1

 

Text proposed by the Commission

Amendment

 

14a. The first paragraph of Article 44 shall be replaced by the following:

 

'An official who has been at one step in his grade for three years shall automatically advance to the next step in that grade. As from grade AD 12, this automatic advancement shall apply only to officials to whom the provisions of the second paragraph apply.';

Justification

Automatic advancement in step every two years irrespective of performance, involving a salary increase of up to EUR 650, generates significant costs. Extension of the period between advancements to three years is justified, because the individual steps themselves would not be affected. Making promotions above grade AD 12 contingent on performance of management duties will act as an incentive and is justified for staff members in the grades concerned (salaries of more than EUR 10 000).

Amendment  21

Proposal for a regulation

Article 1 – point 20

Staff Regulations of Officials of the European Union

Article 52 – point b – second sentence

 

Text proposed by the Commission

Amendment

However, an official may at his own request and where the appointing authority considers it justified in the interest of the service, carry on working until the age of 67, in which case he shall be retired automatically on the last day of the month in which he reaches that age.

However, an official may at his own request, on condition that the appointing authority raises no justified objections, carry on working until the age of 67, in which case he shall be retired automatically on the last day of the month in which he reaches that age.

Amendment  22

Proposal for a regulation

Article 1 – point 21 – point d

Staff Regulations of Officials of the European Union

Article 55 – paragraph 4

 

Text proposed by the Commission

Amendment

4. The appointing authority of each institution may introduce flexible working-time arrangements. Officials to whom the provisions of the second paragraph of Article 44 apply shall manage their working-time without resorting to such arrangements.

4. The appointing authority of each institution may introduce flexible working-time arrangements. Compensation for overtime shall take the form of hours credited to the official’s working time account and may not exceed eight hours per calendar month. Overtime must be approved in advance by the directorate-general concerned and by the Directorate-General for Human Resources. Applications for overtime shall specify the reasons for the exceptional situation, the circumstances justifying compensation, the number of workers involved and the estimated amount of overtime to be worked.

 

Officials to whom the provisions of the second paragraph of Article 44 apply and officials in grades AD/AST 9 or above shall manage their working time without being entitled to compensatory leave pursuant to such arrangements.

Justification

Under current practice, the proposal could lead to up to 1.2 million additional days off. The amendment seeks to clarify the conditions for overtime and thus halves the number of days off that can be taken. It also seeks to ensure that no compensatory leave is granted for overtime to officials in grade AD/AST 9 or above (EUR 7100). From this grade, overtime is compensated for by the official’s salary. This would thus reduce the number of possible days off to around 170 000.

Amendment  23

Proposal for a regulation

Article 1 – point 23

Staff Regulations of Officials of the European Union

Article 56 – paragraph 3

 

Text proposed by the Commission

Amendment

As provided in Annex VI, overtime worked by officials in grades SC 1 to SC 6 and grades AST 1 to AST 4 shall entitle them either to compensatory leave or to remuneration where requirements of the service do not allow compensatory leave during the month following that in which the overtime was worked.

As provided in Annex VI, overtime worked by officials in grades SC 1 to SC 6 and grades AST 1 to AST 4 shall entitle them either to compensatory leave or to remuneration where requirements of the service do not allow compensatory leave during the two months following that in which the overtime was worked.

Amendment  24

Proposal for a regulation

Article 1 – point 27

Staff Regulations of Officials of the European Union

Article 61

 

Text proposed by the Commission

Amendment

27. In Article 61, the word ‘institutions’ shall be replaced by ‘appointing authorities of the institutions’;

27. Article 61 shall be amended as follows:

 

(a) The word ‘institutions’ shall be replaced by ‘appointing authorities of the institutions’.

 

(b) The following paragraph shall be added:

 

‘The total number of public holidays and office closing days shall not exceed 14.’;

Justification

At present officials enjoy 18 public holidays and office closing days. In 2012, nine of those days are not statutory public holidays, so that they in fact constitute additional paid leave. The aim of the amendment is to reduce their number by four. Each additional non-working day in all the EU institutions costs EUR 24 million.

Amendment  25

Proposal for a regulation

Article 1 – point 39 a (new)

Staff Regulations of Officials of the European Union

Article 86

 

Text proposed by the Commission

Amendment

 

39a. Article 86(2) shall be replaced by the following:

 

'2. Where the Appointing Authority or OLAF becomes aware of evidence of failure within the meaning of paragraph 1, they may launch administrative investigations to establish whether such failure has occurred. If an administrative investigation has not been completed five years after the date on which evidence was brought to the attention of the Appointing Authority or OLAF, it shall become time-barred and shall terminate.

 

If, as a result of an administrative investigation, an official is suspended for a period of more than six months, the Appointing Authority shall have the power to take disciplinary action.';

Justification

Administrative investigations of EU staff members can last many years without giving rise to any kind of court judgment. This amendment introduces a limitation rule for such cases for the first time. In addition, it provides for disciplinary action to be taken irrespective of the outcome of the administrative investigation. This will protect EU staff by ensuring either that appropriate penalties are imposed or that the investigation is closed.

Amendment  26

Proposal for a regulation

Article 1 – point 41

Staff Regulations of Officials of the European Union

Article 110 – paragraph 2 – subparagraph 2

 

Text proposed by the Commission

Amendment

Such implementing rules shall enter into force at the agencies nine months after their entry into force at the Commission or nine months after the date on which the Commission informed the agencies of the adoption of the respective implementing rule, whichever is later. Notwithstanding the foregoing, an agency may also decide that such implementing rules will enter into force at an earlier date.

Such implementing rules shall enter into force at the agencies six months after their entry into force at the Commission or six months after the date on which the Commission informed the agencies of the adoption of the respective implementing rule, whichever is later. Notwithstanding the foregoing, an agency may also decide that such implementing rules will enter into force at an earlier date.

Amendment  27

Proposal for a regulation

Article 1 – point 41

Staff Regulations of Officials of the European Union

Article 110 – paragraph 2 – subparagraph 3

 

Text proposed by the Commission

Amendment

By way of derogation, an agency may, before the expiry of the nine-month period referred to above and after consulting its Staff Committee, submit to the Commission for its agreement implementing rules which are different from those adopted by the Commission. Under the same conditions, an agency may request the agreement of the Commission for not applying certain of these implementing rules. In the latter case, the Commission may, instead of accepting or rejecting the request, require the agency to submit for its agreement implementing rules which are different from those adopted by the Commission.

By way of derogation, an agency may on the basis of a request containing a proper statement of reasons, before the expiry of the six-month period referred to above and after consulting its Staff Committee, submit to the Commission for its agreement implementing rules which are different from those adopted by the Commission. Under the same conditions, an agency may request the agreement of the Commission for not applying certain of these implementing rules. In the latter case, the Commission may, instead of accepting or rejecting the request, require the agency to submit for its agreement implementing rules which are different from those adopted by the Commission.

Amendment  28

Proposal for a regulation

Article 1 – point 41

Staff Regulations of Officials of the European Union

Article 110 – paragraph 2 – subparagraph 4

 

Text proposed by the Commission

Amendment

The nine-month period referred to in the previous subparagraphs shall be suspended from the date on which the agency has requested the Commission's agreement until the date on which the Commission has expressed its position.

The six-month period referred to in the previous subparagraphs shall be suspended from the date on which the agency has requested the Commission's agreement until the date on which the Commission has expressed its position.

Amendment  29

Proposal for a regulation

Article 1 – point 42

Staff Regulations of Officials of the European Union

Article 110 b(new) – paragraph 4

 

Text proposed by the Commission

Amendment

4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council and shall inform the Court of Justice.

Amendment  30

Proposal for a regulation

Article 1 – point 47

Staff Regulations of Officials of the European Union

Annex V – Article 7 – paragraph 1

 

Text proposed by the Commission

Amendment

To the annual leave of officials entitled to the expatriation or foreign residence allowance shall be added travelling time based on the geographical distance between the place of employment and the place of origin, calculated as follows:

To the annual leave of officials entitled to the expatriation or foreign residence allowance shall be added travelling time based on the geographical distance between the place of employment and the place of origin, calculated as follows:

– 250 to 600 km: one day of home travelling time,

– 250 to 1000 km: one day of home travelling time,

– 601 to 1200 km: two days of home travelling time,

– more than 1000 km: two days of home travelling time.

– more than 1200 km: three days of home travelling time.

 

Justification

The three days of home travelling time granted to officials serving in the EU are not consistent with the speed and ready availability of modern means of transport. Officials serving in third countries are granted only two days of home travelling time. If this is acceptable for people working in remoter parts of the world, it must also be acceptable for people working in Brussels.

Amendment  31

Proposal for a regulation

Article 1 – point 49 – point d a (new)

Staff Regulations of Officials of the European Union

Annex VII – Article 12 – paragraph 2

 

Text proposed by the Commission

Amendment

 

(da) Article 12(2) shall be replaced by the following:

 

'2. Travel by air

 

Officials shall be authorised to travel by air if the outward and return journeys by rail would total at least 800 kilometres. In the case of flights lasting less than eight hours, only the cost of an economy-class ticket shall be reimbursed.';

Justification

Adjustment in line with standard practice in the Member States.

Amendment  32

Proposal for a regulation

Article 1 – point 51 – point -a (new)

Staff Regulations of Officials of the European Union

Annex IX – Article 1 – paragraph 2

 

Text proposed by the Commission

Amendment

 

(-a) Article 1(2) shall be amended as follows:

 

'2. In cases that demand absolute secrecy for the purposes of the investigation or that require the use of investigative procedures falling within the remit of a national judicial authority, compliance with the obligation to invite the official to comment may, once the Appointing Authority has been informed, be deferred. In such cases, no disciplinary proceedings may be opened before the official has been given a chance to comment.';

Justification

The amendment brings the Staff Regulations into line with the OLAF Regulation (1073/99), which is currently the subject of negotiations with the Council and Commission.

Amendment  33

Proposal for a regulation

Article 1 – point 51 – point b a (new)

Staff Regulations of Officials of the European Union

Annex IX - Article 25

 

Text proposed by the Commission

Amendment

 

(ba) Article 25 shall be replaced by the following:

 

'Article 25

 

Where the official is prosecuted for those same acts, a final decision shall be taken only after a final judgment has been handed down by the court hearing the case. Where appropriate and possible the appointing authority shall be given the power to enforce disciplinary measures against the official under investigation before the final judgment by the court hearing the case is given.';

Amendment  34

Proposal for a regulation

Article 1 – point 52 – point -a (new)

Staff Regulations of Officials of the European Union

Annex X – Article 8 – paragraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

(-a) The following paragraph shall be added to Article 8:

 

'Officials who take part in professional training courses in Brussels pursuant to Article 24a of the Staff Regulations and who have been granted rest leave pursuant to the first paragraph of this Article shall as a rule combine their periods of professional training in Brussels with their rest leave.';

Justification

The purpose of the amendment is to ensure that periods of special leave granted to officials working under particularly arduous conditions in third countries (up to five additional periods of one week) are combined with periods of professional training in Brussels. The cost of air tickets is reimbursed in connection with both this type of leave and professional training. The aim is to reduce the amount of time EU staff serving in third countries spend away from their places of work, by ensuring that they combine journeys.

Amendment  35

Proposal for a regulation

Article 1 – point 52 – point -a (new)

Staff Regulations of Officials of the European Union

Annex X – Article 9

 

Text proposed by the Commission

Amendment

 

(-a) Article 9 shall be replaced by the following:

 

'1. Annual leave may be taken all at once or in several periods, according to what the official desires and taking account of the requirements of the service. It must, however, include at least one period of 14 working days. Annual leave may not exceed 37 days, to which travel days under Article 7 of Annex V should be added.

 

2. The rest leave provided for in Article 8 may not exceed 15 working days, including travelling days, per year.';

Justification

The amendment seeks to reduce absence from the workplace by EU employees in third countries.

Amendment  36

Proposal for a regulation

Article 1 – point 52 – point b a (new)

Staff Regulations of Officials of the European Union

Annex X – Article 20

 

Text proposed by the Commission

Amendment

 

(ba) Article 20 shall be replaced by the following:

 

'Article 20

 

An official shall be entitled to travel expenses for rest leave from his place of employment to the authorised place of leave for himself and, if he is entitled to the household allowance, for his spouse and dependents if they live with him.

 

Where travel by train is impossible or impracticable, reimbursement shall be by special decision on production of the air tickets, whatever the distance. In the case of flights lasting less than eight hours, only the cost of an economy-class ticket shall be reimbursed.';

Justification

Adjustment in line with standard practice in the Member States.

PROCEDURE

Title

Staff Regulations of Officials and Conditions of Employment of Other Servants of the EU

References

COM(2011)0890 – C7-0507/2011 – 2011/0455(COD)

Committee responsible

       Date announced in plenary

JURI

19.1.2012

 

 

 

Committee(s) asked for opinion(s)

       Date announced in plenary

CONT

19.1.2012

 

 

 

Rapporteur(s)

       Date appointed

Ingeborg Gräßle

12.1.2012

 

 

 

Discussed in committee

28.2.2012

29.2.2012

 

 

Date adopted

20.3.2012

 

 

 

Result of final vote

+:

–:

0:

26

1

2

Members present for the final vote

Marta Andreasen, Jean-Pierre Audy, Inés Ayala Sender, Zigmantas Balčytis, Andrea Cozzolino, Ryszard Czarnecki, Tamás Deutsch, Martin Ehrenhauser, Jens Geier, Gerben-Jan Gerbrandy, Ingeborg Gräßle, Iliana Ivanova, Bogusław Liberadzki, Monica Luisa Macovei, Jan Mulder, Eva Ortiz Vilella, Crescenzio Rivellini, Paul Rübig, Petri Sarvamaa, Theodoros Skylakakis, Bart Staes, Georgios Stavrakakis, Søren Bo Søndergaard, Michael Theurer

Substitute(s) present for the final vote

Zuzana Brzobohatá, Jorgo Chatzimarkakis, Derk Jan Eppink, Christofer Fjellner, Monika Hohlmeier, Ivailo Kalfin, Derek Vaughan


OPINION of the Committee on Women's Rights and Gender Equality (24.4.2012)

for the Committee on Legal Affairs

on the proposal for a regulation of the European Parliament and of the Council amending the Staff Regulations of Officials and Conditions of Employment of Other Servants of the European Union

(COM(2011)0890 – C7-0507/2011 – 2011/0455(COD))

Rapporteur: Silvana Koch-Mehrin

SHORT JUSTIFICATION

Equality between women and men is a fundamental value of the European Union enshrined in the Treaties and it is one of its objectives(1). Mainstreaming the principle of equality between women and men in all its activities and its own bodies represents an important aim for the Union. The EU institutions should serve as best example when it comes to gender equality and equal participation of men and women. Reconciliation of work and private life, also mentioned in the Europe 2020 Strategy, is a key element in quality of work and increase of employment, not excluding the EU’s own civil service. In fact, it is a crucial prerequisite for delivery. The objective of 75 % employment of both genders can only be reached if work-life balance instruments are in place. Making the best use of the pool of talent which the EU offers, using the creativity and innovation of its staff to the full and in doing so taking account of the potential of both men and women is a key issue for the EU institutions if they want to respond efficiently to the challenges of the future.

The Commission's proposal seeks to amend the European Union Staff Regulations. Its objective is to adopt a comprehensive package which provides savings in administrative expenditure and a stable framework in terms of salary and career. The draftsperson welcomes the Commission's proposal, which is a result of extensive consultations with interested parties and stakeholders. In times of budgetary austerity, it strives at finding a balance between necessary savings and proper functioning of civil service that is able to attract and maintain highly qualified professionals willing to move and serve in the multinational environment, for European interests. 

In 2004, the EU reformed its civil service and made its staff regulations one of the most modern. A performance-oriented and merit-based new career structure, a new contractual status for personnel fulfilling non-core tasks, a reform of the pension system, new working methods and a few family-friendly working conditions, such as provisions on parental leave, family leave and new right to work part-time were introduced.

Flexitime was first introduced at the Commission in 1986, and further modified in 1991. However, in reality it was not until 2007 that flexitime started being used at the Commission. With regard to teleworking, there were various pilot projects to introduce the use of teleworking at the Commission. However it was only on the 18th December 2009 that the Commission adopted a decision concerning the implementation of teleworking in its departments from 2010 to 2015.  

Despite all these efforts, the rapporteur believes that the changes introduced in 2004 as well as today ´s Commission-proposal fail in attaining a successful reconciliation of work and family responsibilities which is a desired precondition for staff´s well-being and therefore for an effective functioning and further modernisation of the EU civil service.

The flexible working arrangements focus on results-based management and objective-driven performance, while giving employees more freedom in the organisation of working time. However today these optional working arrangements are not available to all staff employed in the EU civil service.

That´s why the rapporteur for opinion proposes that it should be imperative for all EU institutions to allow for flexitime working arrangements, including for managers. Work-life balance concerns every single member of staff, therefore there is no objective reason to exempt managers. Management is expected to lead by example. Such an exemption would go against the equality treatment for all staff. Furthermore, there are sound reasons to presume that the number of applications from female candidates for management positions would decrease if candidates were to lose their right to flexible working hours with their nomination to a management post. Women should, on the contrary, be encouraged to apply for both senior and middle management positions.

Furthermore, the appointing authority of each institution shall introduce teleworking as an optional working arrangement, as this proves to be very beneficial. Among the benefits we record: high degree of autonomy, greater empowerment, a reduction in stress, greater motivation to better performance and shorter travelling time resulting in less pollution. It is also desirable in terms of cost reduction, staff retention and better reconciliation of work and family life.

As regards the list of eligible persons who can benefit from working part-time, the rapporteur for opinion believes that a single parent should also be entitled to such an authorisation independent of the age of the child and therefore included in the list.

Active participation and involvement of men in reconciliation measures is crucial for reaching the work-life balance, since both women and men could benefit from family-friendly employment policies and from equal sharing of unpaid work and of responsibilities in the household. In this regard, due attention should be paid to tackling gender stereotypes e.g. in the case of taking parental leave. Inadequate parental leave provisions still lead to disadvantages in a career. Today mainly women are confronted with this problem. That´s why the rapporteur proposes to change the approach to parental leave. The rapporteur also proposes to increase the parental leave allowance in order to encourage both parents to actively participate in reconciliation measures.

AMENDMENTS

The Committee on Women's Rights and Gender Equality calls on the Committee on Legal Affairs, as the committee responsible, to incorporate the following amendments in its report:

Amendment  1

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

(2) Consequently, it is necessary to provide a framework for the recruitment of high calibre staff in terms of productivity and integrity, drawn on the widest possible geographical basis from among citizens of the Member States, and to enable such staff to carry out their duties as effectively and efficiently as possible.

(2) Consequently, it is necessary to provide a framework for the recruitment of high calibre staff in terms of productivity and integrity, drawn on the widest possible geographical basis from among citizens of the Member States and with due regard to gender balance, and to enable such staff to carry out their duties as effectively and efficiently as possible.

Justification

Having regard to the fact that 51% of European population are women, this amendment seeks to add gender balance as an objective criterion into the framework for recruitment alongside the geographical dimension in order to ensure equal participation of women and men while preserving the principles based upon the qualifications and the highest standard of efficiency.

Amendment  2

Proposal for a regulation

Recital 2 a (new)

Text proposed by the Commission

Amendment

 

(2a) Gender equality and non-discrimination are core values in the functioning of the Union institutions and a better gender balance must be achieved between women and men at all levels of staff. To meet the aims of gender equality and non-discrimination, more efficient policies must be developed to impact on recruitment to, training in, and the everyday functioning of, the different institutions.

Amendment  3

Proposal for a regulation

Recital 9

Text proposed by the Commission

Amendment

(9) The commonly accepted actuarial practice requires that a period of past observations between 20 and 40 years be used for interest rates and salary growth with a view to ensuring the balance of pension schemes. The moving averages for interest rates and salary growth should therefore be extended to 30 years with a transitional period of 8 years.

(9) The commonly accepted actuarial practice requires that a period of past observations between 20 and 40 years be used for interest rates and salary growth with a view to ensuring the balance of pension schemes. The moving averages for interest rates and salary growth should therefore be extended to 30 years with a transitional period of 8 years. The pension scheme reform should take into account the already existing pension gap between women and men and the potential effect this reform will have on the pensions of women, especially those in the lowest grades.

Amendment  4

Proposal for a regulation

Recital 15

Text proposed by the Commission

Amendment

(15) Flexible working-time arrangements are an essential element of a modern and efficient public administration allowing for family-friendly working conditions and enabling a suitable gender balance within the institutions. It is therefore necessary to introduce an explicit reference to these arrangements in the Staff Regulations.

(15) Flexible working-time arrangements and access to teleworking arrangements are essential elements of a modern and efficient public administration allowing for family-friendly working conditions, particularly in the case of single-parent families, and enabling an effective gender balance within the institutions. It is therefore necessary to introduce an explicit reference to these arrangements in the Staff Regulations.

Justification

Teleworking is part of a modernising trend in organisations and institutions which focuses more on result-based management and objective-driven performance and allows greater flexibility for work, thus helping to balance work and private life. Among the benefits we record: high degree of autonomy, freedom to manage working time, greater empowerment, a reduction in stress, greater motivation to better performance and shorter travelling time resulting in less pollution. It is also desirable in terms of cost reduction and staff retention.

Amendment  5

Proposal for a regulation

Article 1 – point -1 (new)

Staff Regulations

Article 1d – paragraph 1 – subparagraph 1

 

Text proposed by the Commission

Amendment

 

-1. In the first subparagraph of Article 1d(1) the following sentence shall be added:

 

"For that purpose the institutions shall be bound to ensure that 40 % of AD posts are occupied by women.";

Amendment  6

Proposal for a regulation

Article 1 – point 1a (new)

Staff Regulations

Article 1 e – paragraph 1

 

Text proposed by the Commission

Amendment

 

1a. Paragraph 1 of Article 1e shall be replaced by the following:

 

'1. Officials in active employment shall have access to measures of a social nature, including specific measures to reconcile working life with family life, such as child-care facilities, adopted by the institutions and to services provided by the social welfare bodies referred to in Article 9. Former officials may have access to limited specific measures of a social nature.';

Justification

This amendment is meant to introduce a specific reference to measures to reconcile working life with family life, such as child care facilities in order to ensure the family-friendly working conditions as a precondition for an effective functioning and further modernisation of the EU civil service.

Amendment  7

Proposal for a regulation

Article 1 – point 8

Staff Regulations

Article 27 – paragraph 1

 

Text proposed by the Commission

Amendment

Recruitment shall be directed to securing for the institution the services of officials of the highest standard of ability, efficiency and integrity, recruited on the broadest possible geographical basis from among nationals of Member States of the European Union. No posts shall be reserved for nationals of any specific Member State.

Recruitment shall be directed to securing for the institution the services of officials of the highest standard of ability, efficiency and integrity, recruited on the broadest possible geographical basis from among nationals of Member States of the European Union and with due regard to gender balance. No posts shall be reserved for nationals of any specific Member State.

Justification

Having regard to the fact that 51% of European population are women, this amendment seeks to add gender balance as an objective criterion into the framework for recruitment alongside the geographical dimension in order to ensure equal participation of women and men while preserving the principles based upon the qualifications and the highest standard of efficiency.

Amendment  8

Proposal for a regulation

Article 1 – point 13

Staff Regulations

Article 42a

 

Text proposed by the Commission

Amendment

13. Article 42a shall be amended as follows:

13. Article 42a shall be replaced by the following:

 

'Article 42a

(a) In the second sentence of the first paragraph, the word 'institutions' shall be replaced by 'appointing authority of each institution';

An official shall be entitled to up to six months of parental leave without basic salary for every child, to be taken during the first twelve years after the birth or adoption of the child. The duration of the leave may be doubled for single parents recognised under general implementing provisions adopted by the appointing authority of each institution and for parents of dependent children with a disability or a severe illness recognised by the medical officer. The minimum leave taken at any one time shall not be less than one month.

(b) In the last sentence of the third paragraph, the word 'adapted' shall be replaced by 'updated';

During parental leave, the official's membership of the social security scheme shall continue; the acquisition of pension rights, dependent child allowance and education allowance shall be maintained. The official shall retain his post, and continue to be entitled to advancement to a higher step or promotion in grade. The leave may be taken as full-time or half-time leave. Where parental leave is taken in the form of half-time leave, the maximum period provided for in the first paragraph shall be doubled. During parental leave, officials shall be entitled to an allowance of 60% of their basic salary per month, subject to a maximum amount of EUR 2 552,40, or 50 % of such sum if on half-time leave but may not engage in any other gainful employment. The full contribution to the social security scheme provided for in Articles 72 and 73 shall be borne by the institution and calculated on the basis of the basic salary of the official. However, in the case of half-time leave this provision shall apply only to the difference between the full basic salary and the proportionally reduced basic salary. For the part of the basic salary actually received, the official's contribution shall be calculated by using the same percentages as if he were in full-time employment.

 

The allowance calculated as referred to in the second paragraph shall not be less than EUR 1 592,50 per month, or 50 % of such sum if the official is on half-time leave, for the single parents and parents of dependent children with a disability or a severe illness recognised by the medical officer referred to in the first paragraph and during the first three months of parental leave where such leave is taken by the father during maternity leave or by either parent immediately after maternity leave or during or immediately after adoption leave.

 

The parental leave may be extended for a further six months with an allowance limited to 50 % of the amount referred to in the second paragraph. For single parents as referred to in the first paragraph, the parental leave may be extended for a further twelve months with an allowance limited to 50% of the amount referred to in the third paragraph.

 

The amounts mentioned in this Article shall be updated in line with remuneration.';

Amendment  9

Proposal for a regulation

Article 1 – point 21 – point d

Staff Regulations

Article 55 – paragraph 4

 

Text proposed by the Commission

Amendment

'4. The appointing authority of each institution may introduce flexible working-time arrangements. Officials to whom the provisions of the second paragraph of Article 44 apply shall manage their working-time without resorting to such arrangements.';

'4. The appointing authority of each institution shall introduce flexible working-time arrangements.';

Justification

Flexible working-time arrangements allow reconciling work and private life and facilitate suitable gender balance within the EU Institutions and bodies while respecting mandatory working time obligation. It should be imperative for all EU institutions and bodies to provide the system of flexible working time arrangements. Work-life balance concerns every single member of staff; there is no objective reason to exempt managers. Management is expected to lead by example. Such an exemption would go against the equality treatment for all staff.

Amendment  10

Proposal for a regulation

Article 1 – point 21 – point d a (new)

Staff Regulations

Article 55 – paragraph 4 a (new)

 

Text proposed by the Commission

Amendment

 

(da) The following paragraph shall be added:

 

'The appointing authority of each institution shall introduce specific arrangements to allow an official returning from maternity leave to breastfeed or to pump milk by providing, to that end, a dispensation of a minimum of two hours per day.

 

These arrangements shall apply to every full day worked. Where an official works shorter days, time off for breastfeeding or pumping milk shall be reduced to a minimum of one hour.

 

The appointing authority of each institution shall provide an adequate environment in which to breastfeed or pump milk.';

Amendment  11

Proposal for a regulation

Article 1 – point 21 – point d b (new)

Staff Regulations

Article 55 paragraph 4 b (new)

 

Text proposed by the Commission

Amendment

 

(db) The following paragraph shall be added:

 

'4b. The appointing authority of each institution shall introduce teleworking as an optional working arrangement.';

Justification

The appointing authority of each institution shall introduce teleworking as optional working arrangement, as this proves to be very beneficial. Among the benefits we record: high degree of autonomy, freedom to manage working time, greater empowerment, a reduction in stress, greater motivation to better performance and shorter travelling time resulting in less pollution. It is also desirable in terms of cost reduction, staff retention and better reconciliation of work and family life.

Amendment  12

Proposal for a regulation

Article 1 – point 22 – point -a (new)

Article 55a – paragraph 2 – point b a (new)

 

Text proposed by the Commission

Amendment

 

(-a) In the first subparagraph of paragraph 2, the following point shall be inserted after point (b):

 

'(ba) to care for a child when the official is a single parent, irrespective of the age of the child,';

Justification

Single parents should have the right to be entitled to authorisation to work part time independent of the age of the child which is in line with the European parliament resolution of 25 October 2011 on the situation of single mothers

Amendment  13

Proposal for a regulation

Article 1 – point 22 – point -a a (new)

Staff Regulations

Article 55a– paragraph 2 – point b b (new)

 

Text proposed by the Commission

Amendment

 

(-aa) In the first subparagraph of paragraph 2, the following point shall be inserted:

 

'(bb) to care for a child under 14 years of age if the reduction in working time is no more than 5 % of normal working time. In that case, Article 3 of Annex IVa shall not apply,';

Amendment  14

Proposal for a regulation

Article 1 – point 26 a (new)

Staff Regulations

Article 58

 

Text proposed by the Commission

Amendment

 

26a. Article 58 shall be replaced by the following:

 

'Article 58

 

Officials shall, in addition to the leave provided for in Article 57, be entitled on production of a medical certificate to twenty weeks of maternity leave. The maternity leave shall start not earlier than six weeks before the expected date of confinement shown in the certificate and end not earlier than 14 weeks after the date of confinement. In the case of multiple or premature birth or the birth of a child with a disability or serious illness, the duration shall be of 24 weeks. Premature birth for the purposes of this provision is a birth taking place before the end of the 34th week of pregnancy.

 

The total costs of maternity leave payments for all officials and staff members, including assistants of Members of the European Parliament, shall be borne by the institutions' joint social security scheme from the first day of such leave.

 

Contracts of officials and other staff members, including accredited parliamentary assistants, may not be terminated during pregnancy. Contracts of women on maternity leave, including accredited parliamentary assistants, may not be terminated until the end of the period of maternity leave.';

Amendment  15

Proposal for a regulation

Article 1 – point 32 a (new)

Staff Regulations

Article 67 – paragraph 3

 

Text proposed by the Commission

Amendment

 

32a. Article 67(3) shall be replaced by the following:

 

'3. The dependent child allowance may be doubled by special reasoned decision of the appointing authority based on medical documents establishing that the child concerned has a disability or a long-term illness constituting a heavy burden for the official.';

Amendment  16

Proposal for a regulation

Article 1 – point 46 a (new)

Staff Regulations

Annex V – Article 6

 

Text proposed by the Commission

Amendment

 

(46a) Article 6 of Annex V shall be replaced by the following:

 

'Article 6

 

In addition to annual leave, an official may, on application, be granted special leave. In particular, in the following cases special leave shall be granted as shown:

 

– marriage of the official: four days;

 

– change of residence of the official: up to two days;

 

– serious illness of spouse: up to three days;

 

– death of spouse: four days;

 

– serious illness of a relative in the ascending line: up to two days;

 

– death of a relative in the ascending line: two days;

 

– marriage of a child: two days;

 

– birth of a child: 10 days, to be taken during the fourteen weeks following birth;

 

– birth of a disabled or seriously ill child: 20 days, to be taken during the fourteen weeks following the birth;

 

– death of the wife during maternity leave: a number of days corresponding to the remaining maternity leave; if the deceased wife is not an official, the remaining maternity leave is determined by applying the provisions of Article 58 of the Staff Regulations, by analogy;

 

– serious illness of a child: up to two days;

 

– very serious illness of a child, as certified by a doctor, or hospitalisation of a child aged 12 or under: up to five days;

 

– death of a child: four days;

 

– adoption of a child: 20 weeks, rising to 24 weeks in the case of the adoption of a disabled child:

 

Every adopted child shall confer entitlement to only one period of special leave, which may be shared between the adoptive parents if both are officials. It shall be granted only if the official's spouse engages in a gainful activity at least half-time. If the spouse works outside the institutions of the Union and benefits from comparable leave, a corresponding number of days shall be deducted from the official's entitlement.

 

The Appointing Authority may, in case of necessity, grant additional special leave in cases where the national legislation of the country in which the adoption procedure takes place and which is not the country of employment of the adopting official requires a stay of one or both adoptive parents.

 

Special leave of 10 days shall be granted if the official does not benefit from the full special leave of 20 or 24 weeks by reason of the first sentence of this indent; this additional special leave shall be granted only once for each adopted child.

 

The institution may also grant special leave in the case of further training and instruction, within the limits laid down in the further training and instruction programme drawn up by the institution pursuant to Article 24a of the Staff Regulations.

 

For the purposes of this Article, the unmarried partner of an official shall be treated as the spouse where the first three conditions in Article 1(2)(c) of Annex VII are met.';

Amendment  17

Proposal for a regulation

Article 1 – point 49 – point -a (new)

Annex VII – Article 1 – paragraph 2 – point c – point iv

 

Text proposed by the Commission

Amendment

 

(-a) Point (iv) of point (c) of Article 1(2) shall be deleted;

Justification

This disposition creates a discriminatory condition for registered partners who may be able to enter a legal marriage according to national law, but as the legislation also allows for concluding a registered partnership, they choose the latter option.

Amendment  18

Proposal for a regulation

Article 2 – point 19

Conditions of Employment of Other Servants

Article 47

 

Text proposed by the Commission

Amendment

19. Point (a) of Article 47 shall be replaced by the following:

19. Article 47 shall be replaced by the following:

 

'Article 47

 

Apart from cessation on death, the employment of temporary staff shall cease:

'at the end of the month in which the servant reaches the age of 65, or, on an exceptional basis, at the date fixed in accordance with the second subparagraph of Article 52(b) of the Staff Regulations; or'

(a) at the end of the month in which the servant reaches the age of 65 years or, where applicable, at the date fixed in accordance with Article 50c(2); or

 

(b) where the contract is for a fixed period:

 

(i) on the date stated in the contract;

 

(ii) at the end of the period of notice specified in the contract giving the servant or the institution the option to terminate earlier. The period of notice shall not be less than one month per year of service, subject to a minimum of one month and a maximum of three months. For temporary staff whose contracts have been renewed the maximum shall be six months. The period of notice shall not, however, commence to run during pregnancy duly established by a medical certificate, maternity leave or sick leave, provided such sick leave does not exceed three months. It shall, moreover, be suspended during pregnancy duly established by a medical certificate, maternity or sick leave subject to the limits aforesaid. If the institution terminates the contract, the servant shall be entitled to compensation equal to one third of his basic salary for the period between the date when his duties end and the date when his contract expires;

 

(iii) where the servant no longer satisfies the conditions laid down in Article 12(2), point (a), subject to the possibility of authorising an exception under that provision. Should the exception not be authorised, the period of notice referred to in subpoint (ii) of this point (b) shall apply; or

 

(c) where the contract is for an indefinite period:

 

(i) at the end of the period of notice stipulated in the contract; the length of the period of notice shall not be less than one month for each completed year of service, subject to a minimum of three months and a maximum of 10 months. The period of notice shall not, however, commence to run during pregnancy duly established by a medical certificate, maternity leave or sick leave, provided such sick leave does not exceed three months. It shall, moreover, be suspended during pregnancy duly established by a medical certificate, maternity or sick leave subject to the limits aforesaid; or

 

(ii) where the servant no longer satisfies the conditions laid down in Article 12(2), point (a), subject to the possibility of authorising an exception under that provision. Should the exception not be authorised, the period of notice referred to in subpoint (i) of this point (c) shall apply.';

Amendment  19

Proposal for a regulation

Article 2 – point 33 a (new)

Conditions of Employment of Other Servants

Article 139 – paragraph 1 – point d

 

Text proposed by the Commission

Amendment

 

33a. Point (d) of Article 139(1) shall be replaced by the following:

 

'(d) taking into account the fact that trust is the basis of the working relationship between the Member and his accredited parliamentary assistant, at the end of the period of notice specified in the contract, which shall give the accredited parliamentary assistant or the European Parliament, acting at the request of the Member or Members of the European Parliament whom the accredited parliamentary assistant was taken on to assist, the right to terminate the contract before its expiry. The period of notice shall not be less than one month per year of service, subject to a minimum of one month and a maximum of three months. The period of notice shall not, however, start to run during pregnancy duly established by a medical certificate, maternity leave or sick leave, provided such sick leave does not exceed three months. It shall, moreover, be suspended during pregnancy duly established by a medical certificate, maternity or sick leave subject to these limits;';

PROCEDURE

Title

Staff Regulations of Officials and Conditions of Employment of Other Servants of the EU

References

COM(2011)0890 – C7-0507/2011 – 2011/0455(COD)

Committee responsible

       Date announced in plenary

JURI

19.1.2012

 

 

 

Committee(s) asked for opinion(s)

       Date announced in plenary

FEMM

19.1.2012

 

 

 

Rapporteur(s)

       Date appointed

Silvana Koch-Mehrin

25.1.2012

 

 

 

Discussed in committee

27.3.2012

24.4.2012

 

 

Date adopted

24.4.2012

 

 

 

Result of final vote

+:

–:

0:

20

5

4

Members present for the final vote

Emine Bozkurt, Andrea Češková, Iratxe García Pérez, Zita Gurmai, Mikael Gustafsson, Mary Honeyball, Sophia in ‘t Veld, Lívia Járóka, Nicole Kiil-Nielsen, Silvana Koch-Mehrin, Rodi Kratsa-Tsagaropoulou, Astrid Lulling, Barbara Matera, Elisabeth Morin-Chartier, Angelika Niebler, Siiri Oviir, Antonyia Parvanova, Joanna Katarzyna Skrzydlewska, Marc Tarabella, Britta Thomsen, Marina Yannakoudakis, Anna Záborská, Inês Cristina Zuber

Substitute(s) present for the final vote

Franziska Katharina Brantner, Christa Klaß, Ana Miranda, Mariya Nedelcheva, Katarína Neveďalová

Substitute(s) under Rule 187(2) present for the final vote

Tamás Deutsch

(1)

See Articles 2 and 3(3) second subparagraph2 of EU Treaty


PROCEDURE

Title

Staff Regulations of Officials and Conditions of Employment of Other Servants of the EU

References

COM(2011)0890 – C7-0507/2011 – 2011/0455(COD)

Date submitted to Parliament

13.12.2011

 

 

 

Committee responsible

       Date announced in plenary

JURI

19.1.2012

 

 

 

Committee(s) asked for opinion(s)

       Date announced in plenary

BUDG

19.1.2012

CONT

19.1.2012

AFCO

19.1.2012

FEMM

19.1.2012

Not delivering opinions

       Date of decision

AFCO

28.2.2012

 

 

 

Rapporteur(s)

       Date appointed

Dagmar Roth-Behrendt

11.4.2011

 

 

 

Discussed in committee

25.1.2012

1.3.2012

27.3.2012

 

Date adopted

25.4.2012

 

 

 

Result of final vote

+:

–:

0:

19

3

2

Members present for the final vote

Raffaele Baldassarre, Luigi Berlinguer, Sebastian Valentin Bodu, Françoise Castex, Christian Engström, Marielle Gallo, Giuseppe Gargani, Lidia Joanna Geringer de Oedenberg, Sajjad Karim, Klaus-Heiner Lehne, Jiří Maštálka, Alajos Mészáros, Evelyn Regner, Francesco Enrico Speroni, Dimitar Stoyanov, Rebecca Taylor, Alexandra Thein, Rainer Wieland, Cecilia Wikström, Tadeusz Zwiefka

Substitute(s) present for the final vote

Piotr Borys, Cristian Silviu Buşoi, Vytautas Landsbergis, Eva Lichtenberger, Dagmar Roth-Behrendt

Substitute(s) under Rule 187(2) present for the final vote

Alejandro Cercas

Date tabled

3.5.2012

Last updated: 27 June 2013Legal notice