Texts adopted - Staff Regulations * - Thursday, 27 March 2003

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Document selected : A5-0069/2003
Texts tabled : A5-0069/2003		Debates :		Votes : PV 19/06/2003 - 20		Texts adopted : P5_TA(2003)0125 P5_TA(2003)0290

Texts adopted

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Thursday, 27 March 2003 - Brussels

Staff Regulations *

P5_TA(2003)0125

A5-0069/2003

Proposal for a Council regulation amending the Staff Regulations of officials and the Conditions of Employment of other servants of the European Communities (COM(2002) 213 – C5&nbhy;0262/2002 – 2002/0100(CNS))

The proposal was amended as follows(1):

Text proposed by the Commission

Amendments by Parliament

Amendment 1
RECITALS (1a) (new) and (1b) (new)

(1a) Amendments to the current Staff Regulations and Conditions of Employment involve a transitional period for which it is necessary to guarantee rapid and transparent mechanisms for transition to the new regime, while retaining the already established rights of civil servants.

(1b) Since the new career system involves a regrading of civil servants, it will be necessary to undertake a global revision of job descriptions, as well as of jobs and professions, within the Community institutions.

Amendment 2
RECITAL 2a (new)

(2a) The current system of applying a weighting to pensions depending on the pensioner's place of residence:

(a) runs counter to the principle of equality, since all officials pay the same contributions and there must be equal pensions for equal contributions,

(b) runs counter to the principle of freedom of establishment, which would suffer if pensions varied according to place of residence, and

(c) is increasingly expensive owing to the greater level of bureaucracy required to calculate pensions and verify genuine places of residence in order to avoid fraud,

Amendment 3
RECITAL 2b (new)

(2b) Therefore, any weighting for pensions based on the pensioner's place of residence ought to be eliminated as an alternative to introducing a new weighting exclusively for pensioners involving a considerable decrease in pension levels,

Amendment 4
RECITAL 2c (new)

(2c) The inclusion of the "method" for the adjustment of salaries, the system of promotion programming under Article 6(2) and the pensions scheme offset fairly and reasonably the reduced number of advancements to a higher step and the rationalisation of the allowances system, and, as such, ought to be considered as forming an integral part of the reform package,

Amendment 5
RECITAL 2d (new)

(2d) An overall package that is fair in its approach to remuneration and pensions is vital to ensuring that the best candidates seek employment in an independent and permanent European civil service,

Amendment 6
RECITAL 2e (new)

(2e) Officials should act impartially and in accordance with the principle of equal treatment, in particular where they are required to take decisions involving discretionary powers,

Amendment 7
ANNEX I, POINT 3
Article 1b (Staff Regulations of Officials of the European Communities)

Save as otherwise provided in these Staff Regulations,

- the Economic and Social Committee,

- the European Economic and Social Committee,

- the Committee of the Regions,

- the European Ombudsman,

- the European Data Protection Supervisor and

- those Community bodies to which these Staff Regulations apply under the Community acts establishing them (hereinafter "agencies")
shall, for the purposes of these Staff Regulations, be treated as institutions of the Communities."

The European Communities Personnel Selection Office shall be involved in their selection procedures in order to ensure that uniform standards are applied thereto, especially in the case of agencies.

Amendment 8
ANNEX I, POINT 3
Article 1b, paragraph 2a (new) (Staff Regulations of Officials of the European Communities)

At the request of the institutions, the European Communities Personnel Selection Office may be called upon to lend the technical assistance required to organise internal competitions.

Amendment 9
ANNEX I, POINT 3
Article 1b, paragraph 2b (new) (Staff Regulations of Officials of the European Communities)

In order to ensure the application of the same standards as for the selection of permanent staff, the European Communities Personnel Selection Office may be involved in selection procedures organised for the recruitment of temporary staff, engaged in accordance with Article 2(c) of the Conditions of Employment of other servants of the European Communities, to assist a political group in the European Parliament.

Amendment 10
ANNEX I, POINT 5, POINT (a)
Article 1d, paragraph 1, subparagraph 1 (Staff Regulations of Officials of the European Communities)

1. In the application of these Staff Regulations, any discrimination shall be prohibited, in particular that based on gender, race, colour, ethnic or social origin, genetic features, language, religion, convictions, political opinions or any other opinions, membership of a national minority, wealth, birth, age, disability or sexual orientation.

1. In the application of these Staff Regulations, any discrimination based on any grounds such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited.

Amendment 11
ANNEX I, POINT 7, POINT (c)
Article 2, paragraph 2 (Staff Regulations of Officials of the European Communities)

2. However, one or more institutions may entrust to any one of them or to an inter-institutional body the exercise of some or all of the powers conferred on the Appointing Authority.

2. However, one or more institutions may entrust to any one of them or to an inter-institutional body the exercise of some of the powers conferred on the Appointing Authority; nevertheless, decisions relating to appointments, promotions, grading, transfers or disciplinary measures in respect of the officials or other servants of each institution may not be entrusted to another institution or to an inter-institutional body.

Amendment 12
ANNEX I, POINT 8
Article 5, paragraph 2a (new) (Staff Regulations of Officials of the European Communities)

2a. By way of derogation from paragraphs 1 and 2 and after consulting the Staff Regulations Committee, individual institutions with a specific need may create a function group ADL, comprising ten grades, corresponding to linguistic duties (translation and interpreting duties).

Amendment 13
ANNEX I, POINT 8
Article 5, paragraph 2b (new) (Staff Regulations of Officials of the European Communities)

2b. By way of derogation from paragraphs 1 and 2 and after consulting the Staff Regulations Committee, basic posts in career bracket AST 1 to AST 3 shall be created for specific duties as defined by each institution.

Amendment 14
ANNEX I, POINT 8
Article 5, paragraph 3 (Staff Regulations of Officials of the European Communities)

3. Appointment shall require at least
(a) in function group AST
- a post-secondary education diploma or
- an advanced level of secondary education and appropriate professional experience of at least three years, or
- equivalent professional experience.

3. Appointment shall require at least:
(a) in function group AST:
- a post-secondary education diploma or
- an advanced level of secondary education and appropriate professional experience of at least three years.

(b) in function group AD
- a university degree awarded after a course of at least three years and appropriate professional experience of at least one year or a further year of university studies beyond the third year or
- equivalent professional experience.

(b) in function groups AD and ADL:
- a university degree awarded after a course of at least three years and appropriate professional experience of at least one year or a further year of university studies beyond the third year.

Amendment 15
ANNEX I, POINT 8
Article 5, paragraph 3, point (ba) (new) (Staff Regulations of Officials of the European Communities)

(ba) in the case of the duties defined in paragraph 2b:
- a secondary education diploma, or
- equivalent professional experience.

Amendment 16
ANNEX I, POINT 10, POINT (-a) (new)
Article 9, paragraph 1, point (-a) (new) (Staff Regulations of Officials of the European Communities)

(-a) In paragraph 1, a new point (-a) is inserted before point (a):
"(-a) for each appointing authority:
- a Staff Committee, which may be organised in sections for the different places of employment; "

Amendment 63
ANNEX I, POINT 15
Article 12a (Staff Regulations of Officials of the European Communities)

1. Officials shall refrain from any form of psychlogical or sexual harassment.

1. Officials shall refrain from any form of harassment as described in the following paragraphs.

2. "Psychological harassment" means any improper conduct that takes place over a period, is repititive or systematic and involves physical behaviour, spoken or written language, gestures or other acts that are intentional and that may undermine the personality, dignity or physical or psychological integrity of any person.

2. "Psychological harassment": any improper conduct that takes place over a period, is repititive or systematic and involves physical behaviour, spoken or written language, gestures or other acts that are intentional and that may undermine the personality, dignity or physical or psychological integrity of any person.

3. "Sexual harassment" means conduct relating to sex which is unwanted by the person to whom it is directed and which has the purpose or effect of offending that person or creating an intimidating, hostile, offensive or disturbing environment. Sexual harassment shall be treated as discrimination based on gender, as referred to in Article 1d(1).

3. "Harassment based on gender": where an unwanted conduct related to the sex of a person occurs with the purpose or effect of violating the dignity of a person, and of creating an intimidating, hostile, degrading, humiliating or offensive environment.

3a. "Sexual harassment": where any form of unwanted verbal, non-verbal or physical conduct of a sexual nature occurs, with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment.

3b. Harassment based on gender and sexual harassment shall be treated as discrimination based on gender, as referred to in Article 1d(1), and therefore prohibited.
A person's rejection of, or submission to, such conduct may not be used as a basis for a decision affecting that person. An instruction to discriminate against persons based on gender shall be treated as discrimination.

Amendment 18
ANNEX I, POINT 18
Article 15, paragraph 2a (new) (Staff Regulations of Officials of the European Communities)

2a. An official granted leave on personal grounds for this purpose shall retain his rights to advancement to a higher step during his period of leave on personal grounds.

Amendment 19
ANNEX I, POINT 21
Article 17a (Staff Regulations of Officials of the European Communities)

Without prejudice to Articles 12 and 17, an official who intends to publish or cause to be published, whether alone or with others, any matter dealing with the work of the Communities shall notify the Appointing Authority in writing in advance. The Appointing Authority may refuse permission only where it is able to demonstrate with full reasons that the matter is liable seriously to prejudice the interests of the Communities. The Appointing Authority shall notify the official of its decision within 30 working days. If no decision is notified within the specified period, authorisation shall be deemed to have been granted.

Amendment 20
ANNEX I, POINT 26
Article 22c (Staff Regulations of Officials of the European Communities)

The protection provided under Articles 22b is without prejudice to any personal liability which the official making the disclosure may incur under the relevant national provisions."

The protection provided under Articles 22a and 22b is without prejudice to any personal liability which the official making the disclosure may incur under applicable national criminal law or the law governing non-contractual liability (delict/tort). Where appropriate, the institutions may decide to pay compensation for pecuniary and/or non-pecuniary loss suffered by an official who has been the subject of wilful false accusations.
In any event, disciplinary proceedings shall be brought where information is communicated or disclosed within the meaning of Articles 22a and/or 22b for a malicious purpose.

Amendment 21
ANNEX I, POINT 28
Article 24a (Staff Regulations of Officials of the European Communities)

28. The third and fourth paragraphs of Article 24 become paragraph 24a.

28. The third and fourth paragraphs of Article 24 become paragraph 24a, which is replaced by the following:
"The Communities shall make efforts to ensure such further training and instruction for officials as is compatible with the proper functioning of the service and is in accordance with their own interests.

Such training and instruction may be taken into account for purposes of promotion in their careers."

Amendment 22
ANNEX I, POINT 30
Article 25, paragraph 3 (Staff Regulations of Officials of the European Communities)

30. In the third paragraph of Article 25, "shall at once be posted in the premises of the institution to which the official belongs and shall be published in the Monthly Staff Bulletin of the Communities" is replaced by "shall be brought to the attention of the staff in the institution to which the official belongs."

Amendment 23
ANNEX I, POINT 31, POINT (b)
Article 26, paragraph 4 (Staff Regulations of Officials of the European Communities)

(b) In the fourth paragraph the following is inserted after "religious views':

"or to his racial or ethnic origin or sexual orientation unless provided or approved by the official himself."

"or to his racial or ethnic origin or sexual orientation."

Amendment 24
ANNEX I, POINT 31, POINT (c)
Article 26, paragraph 6 (Staff Regulations of Officials of the European Communities)

Amendment 25
ANNEX I, POINT 34, POINT (aa) (new)
Article 29, paragraph 1a (new) (Staff Regulation of Officials of the European Communities)

(aa) The following paragraph 1a is inserted:

"1a. By way of derogation from paragraph 1(a)(i) the Appointing Authority shall, and by way of derogation from paragraph 1(b) the Appointing Authority may, consider the possibility of filling a vacant post by appointing as officials temporary servants engaged in accordance with Article 2(c) of the Conditions of Employment of other servants of the European Communities to assist a political group in the European Parliament, the European Economic and Social Committee or the Committee of the Regions, provided that they have passed a selection procedure in accordance with Article 1b(2b), of the Staff Regulations of officials of the European Communities and have been in service as such temporary servants for more than seven years."

Amendment 26
ANNEX I, POINT 35
Article 31, paragraph 2 (Staff Regulations of Officials of the European Communities)

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

2. Without prejudice to Article 29(2), officials shall be recruited only at grades AST 1 to AST 4 or AD 5 to AD 8. By way of exception, officials may be recruited in duly reasoned circumstances at up to grade AD 11 provided that they can show commensurate professional experience. Recruitment at these grades may not exceed the limit of 5% of the posts becoming vacant or newly created.

Amendment 27
ANNEX I, POINT 42, POINTS (b) and (ba) (new)
Article 41, paragraph 3, subparagraphs 6 and 7 (Staff Regulations of Officials of the European Communities)

(b) In the sixth subparagraph, "for pensions" is inserted after "at the rate fixed".

(b) In the sixth subparagraph, after the words "weighted at", the text is amended as follows: "a rate equal to 100, regardless of whether the recipient establishes his residence in a country inside or outside the Communities".

(ba) The seventh subparagraph is deleted.

Amendment 28
ANNEX I, POINT 45
Article 44, paragraph 1a (Staff Regulations of Officials of the European Communities)

If an official is appointed head of unit, director or director-general in the same grade, he shall 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 such increase until his next promotion comes into effect.

If an official is appointed head of unit, head of division, authorising officer, director or director-general in the same grade, he shall 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 such increase until his next promotion comes into effect.

Amendment 29
ANNEX I, POINT 46
Article 45a, paragraph 1 (Staff Regulations of Officials of the European Communities)

1. From grade 5, an official in function group AST may be transferred to function group AD within the meaning of Article 29 on condition, in particular, that he has successfully completed a set of training modules at a higher level which ensure that he has reached a level equivalent to that required under Article 5(3). The institutions shall adopt general implementing provisions for these arrangements, and in particular for training and transfer. Such provisions shall take account of career development.

1. From grade 5, an official in function group AST may be transferred to function group AD within the meaning of Article 29 on condition, in particular, that he has successfully completed a set of training modules at a higher level which ensure that he has reached a level equivalent to that required under Article 5(3)(b). The institutions shall adopt general implementing provisions for these arrangements, and in particular for training and transfer. Such provisions shall take account of career development.

Amendment 30
ANNEX I, POINT 46
Article 45a, paragraph 2a (new) (Staff Regulations of Officials of the European Communities)

(2a) The European Communities Personnel Selection Office shall determine the conditions for implementing paragraph 1, in particular as regards the requirement for university level education.

Amendment 33
ANNEX I, POINT 61
Article 59, paragraph 1, subparagraph 2a (new) (Staff Regulations of Officials of the European Communities)

If the finding made in the examination is that the official is fit to work, his absence shall be regarded as unjustified from the date of the examination.

Amendment 34
ANNEX I, POINT 61
Article 59, paragraph 2, subparagraph 1a (new) (Staff Regulations of Officials of the European Communities)

If the independent doctor's opinion finds that the official is fit to resume work, his absence shall be considered to be unjustified from the date of that opinion. In the absence of such opinion, his absence shall be considered to be unjustified as from the thirteenth day of absence because of sickness without a medical certificate.

Amendment 35
ANNEX I, POINT 61
Article 59, paragraph 3, subparagraph 1a (new) (Staff Regulations of Officials of the European Communities)

Without prejudice to the possible application of the disciplinary provisions, any absence considered to be unjustified under paragraphs 1, 2 and 3 shall be deducted from the annual leave of the official concerned. In the event that the official has no outstanding leave entitlement, the official shall lose the benefit of his remuneration for the corresponding period.

Amendment 36
ANNEX I, POINT 75, POINT (a), POINTS (i) and (ia) (new)
Article 82, paragraph 1, subparagraphs 2 and 3 (Staff Regulations of Officials of the European Communities)

i. The second subparagraph is amended as follows:

i. The second subparagraph is replaced by the following:

- "They" is replaced by "Pensions".

"The weighting shall be equal to 100, regardless of the country in which the person entitled to a pension has his residence."

- "for pensions" is inserted between "rate" and "fixed for the country".

- "has his residence" is replaced by "has established his main residence".

- The following sentence is added: "This rate shall be determined in accordance with the arrangements laid down in Annex XI."

ia. The third subparagraph is deleted.

Amendment 37
ANNEX I, POINT 89
Annex I, Point A (Staff Regulations of Officials of the European Communities)

A. Types of posts in each function group, as provided for in Article 5(3)
Text proposed by the Commission
Function group AD	Function group AST
Director-General	AD 16
Director/Director-General	AD 15
Administrator/ Research Administrator/Linguistic Administrator/ Head of Unit/ Director	AD 14
Administrator/ Research Administrator/Linguistic Administrator/ Head of Unit	AD 13
"	AD 12
"	AD 11	AST 11	Assistant/ Research Assistant/
"	AD 10	AST 10	"
"	AD 9	AST 9	"
Administrator/ Research Administrator/Linguistic Administrator	AD 8	AST 8	"
"	AD 7	AST 7	"
"	AD 6	AST 6	"
"	AD 5	AST 5	"
		AST 4	"
		AST 3	"
		AST 2	"
		AST 1	"
Amendment by Parliament
A. Types of posts in each function group, as provided for in Article 5(3)
Function groups AD and ADL	Function group AST
Director-General	AD 16
Director/Director-General	AD 15
Principal Administrator/ Principal Research Administrator/Principal Linguistic Administrator/ Head of Unit/ Head of Division/ Authorising Officer/ Director	AD/ADL 14
Principal Administrator/ Principal Research Administrator/Principal Translator/ Principal Interpreter/ Head of Unit/Head of Division/ Head of Language Division/Authorising Officer/	AD/ADL 13
"	AD/ADL 12
"	AD/ADL 11	AST 11	Principal Assistant/ Principal Research Assistant/
Head of Unit/ Administrator/ Research Administrator/ Translator/Interpreter	AD/ADL 10	AST 10	"
"	AD/ADL 9	AST 9	"
Assistant Administrator/ Assistant Research Administrator /Assistant Translator/ Assistant Interpreter	AD/ADL 8	AST 8	Assistant/Research Assistant
	ADADL 7	AST 7
"	AD/ADL 6	AST 6	"
"	AD/ADL 5	AST 5	"
		AST 4	"
		AST 3	Junior Assistant /Junior Research Assistant
		AST 2	"
		AST 1	"

Amendment 38
ANNEX I, POINT 90, POINT (g)
Annex II, Section 6
Article 12, paragraph 1 (Staff Regulations of Officials of the European Communities)

The Joint Advisory Committee for professional incompetence shall comprise a chairman and at least two members, who shall be officials of grade AD 14 at least. Half of the members shall be designated by the Staff Committee and half by the Appointing Authority. The chairman shall be appointed by the Appointing Authority from a list of candidates drawn up in concertation with the Staff Committee.

The Joint Advisory Committee for professional incompetence shall comprise a chairman and at least two members, who shall be officials of grade AD 14 at least. They shall be appointed for a period of three years. Half of the members shall be designated by the Staff Committee and half by the Appointing Authority. The chairman shall be appointed by the Appointing Authority from a list of candidates drawn up in concertation with the Staff Committee.

Amendment 39
ANNEX I, POINT 96, POINT (a), POINT (iii)
Annex VII, Article 1, paragraph 2, point (c) (Staff Regulations of Officials of the European Communities)

"(c) an official who is registered as a stable non-marital partner, provided that:

(c) an official who is engaged in a non-marital partnership recognised by the employing institution; the institution shall recognise such a partnership if the couple produces a formal document or registration of a Member State attesting to their partnership or, in the absence of such document or registration, establishes to the satisfaction of the employing institution that they have formed a household for at least two years;

- the couple produces a legal document recognised as such by a Member State acknowledging their status as non-marital partners,
- neither partner is in a marital relationship or in another non-marital partnership,
- the partners are not related in any of the following ways: parent, child, grandparent, grandchild, brother, sister, aunt, uncle, nephew, niece, father-in-law, son-in-law, daughter-in-law;
- the couple has no access to legal marriage in a Member State; a couple shall be considered to have access to legal marriage for the purposes of this indent only where the members of the couple meet all the conditions laid down by the legislation of a Member State permitting marriage of such a couple;

Amendment 40
ANNEX 1, POINT 96, POINT (l)
Annex VII, Article 13, paragraph 1, subparagraph 1a (new) (Staff Regulations of Officials of the European Communities)

The daily allowance shall be adapted once a year on the basis of the HORECA coefficient published by the Statistical Office of the European Communities.

Amendment 41
ANNEX I, POINT 97, POINT (h), points (i) and (ii)
Annex VIII, Article 11, paragraph 2 (Staff Regulations of Officials of the European Communities)

i. In the first subparagraph,
"shall be entitled upon establishment to have paid to the Communities either the actuarial equivalent or the flat-rate redemption value of retirement pension rights acquired by virtue of such services or activities."
is replaced by:
"shall be entitled, after establishment but before becoming eligible for payment of a retirement pension, to have paid to the Communities the capital value updated to the date of the actual transfer of pension rights acquired by virtue of such service or activities."

i. In the first subparagraph,
"shall be entitled upon establishment to have paid to the Communities either the actuarial equivalent or the flat-rate redemption value of retirement pension rights acquired by virtue of such services or activities."
is replaced by:
"shall be entitled, on becoming eligible for payment of a retirement pension, to have paid to the Communities the capital value updated to the date of the actual transfer of pension rights acquired by virtue of such service or activities."

ii. The second subparagraph is amended as follows:
"by means of general implementing provisions" is inserted after "determine".
- "taking into account his grade on establishment" is replaced by "taking into account the grade on recruitment as a member of the temporary staff or as an official, the basic salary corresponding to that grade at the date of the application for a transfer and his age at the date of application for a transfer,";

- "under its own pension scheme" is replaced by "under the Community pension scheme";

- "on the basis of the amount of the actuarial equivalent or sums repaid as aforesaid."

is replaced by:
"on the basis of the capital transferred, after deducting an amount representing capital appreciation between the date of the application for a transfer and the actual date of the transfer."

Amendment 42
ANNEX I, POINT 98
Annex IX, Section 1, Article 2, paragraph 2 (Staff Regulations of Officials of the European Communities)

2. Subject to the protection of the legitimate interests of third parties, the Appointing Authority shall inform the person concerned when the investigation ends, and shall communicate to him, on request, the conclusions of the investigation report and all documents directly related to the allegations made against him.

2. Subject to the protection of the legitimate interests of third parties, the Appointing Authority shall inform the person concerned when the investigation ends, and shall communicate to him the conclusions of the investigation report and, on request, all documents directly related to the allegations made against him.

Amendment 43
ANNEX I, POINT 98
Annex IX, Section 2, Article 4, paragraph 1 (Staff Regulations of Officials of the European Communities)

1. A Disciplinary Board, hereinafter referred to as "the Board", shall be established in each institution.

1. A Disciplinary Board, hereinafter referred to as "the Board", shall be established in each institution. When setting up the Board, the institution shall take care to ensure that it includes an external element to provide every guarantee of independence.

Amendment 44
ANNEX I, POINT 98
Annex IX, Section 5, Article 14, paragraph 1 (Staff Regulations of Officials of the European Communities)

1. The official accused shall be heard by the Disciplinary Board; at the hearing, he may submit observations in writing or orally, whether in person or through a representative. He may call witnesses. When an investigation by the European Anti-Fraud Office (OLAF) has revealed the personal involvement of the official concerned, the Board may hear evidence from the OLAF investigators.

Amendment 45
ANNEX I, POINT 100
Annex XI, Chapter 1, Section 1, Article 1, paragraph 3, point (a), indent 2 (Staff Regulations of Officials of the European Communities)

- of the pensions of officials paid in the Member States with reference to Belgium.

Deleted

Amendment 46
ANNEX I, POINT 100
Annex XI, Chapter 1, Section 2, Article 3, paragraph 5, subparagraph 1 (Staff Regulations of Officials of the European Communities)

5. The correction coefficients for both Belgium and Luxembourg shall be fixed at 100.

Deleted

Amendment 47
ANNEX I, POINT 100
Annex XI, Chapter 1, Section 2, Article 3, paragraph 5, subparagraph 2, indent 2 (Staff Regulations of Officials of the European Communities)

- the pensions of European Communities paid in the other Member States,

Deleted

Amendment 48
ANNEX I, POINT 102
Annex XIII, Section 2, Article 12a (new) (Staff Regulations of Officials of the European Communities)

Article 12a

The European Communities Personnel Selection Office may be asked by the Appointing Authority to validate a selection procedure for temporary servants engaged in accordance with Article 2(c) of the Conditions of Employment of other servants of the European Communities to assist a political group in the European Parliament, completed before [date of entry into force of this Regulation] as having been in conformity with the standards referred to in the third subparagraph of Article 1b(2b) of the Staff Regulations.

Amendment 49
ANNEX I, POINT 102
Annex XIII, Section 4, Article 20 (Staff Regulations of Officials of the European Communities)

Article 20
From [1 January 2004] to [31 December 2007], the second subparagraph of Article 82(1) of the Staff Regulations is replaced by the following:
"Pensions shall be adjusted by the average of the correction coefficient for officials and the correction coefficient for pensions mentioned in Article 3(5) of Annex XI to the Staff Regulations for the Member State where the recipient provides evidence of having established his main residence. The average shall be calculated using the weightings in the following table:
As from [1.1.2004], [1.1.2005], [1.1.2006], [1.1.2007], [1.1.2008]
80% Officials 20% Pension
60% Officials 40% Pension
40% Officials 60% Pension
20% Officials 80% Pension
100% Pension
When at least one of the coefficients is modified, the average is modified with effect on the same date.

Deleted

Amendment 58
ANNEX II, POINT 4
Article 3a, paragraph 2a (new) (Conditions of Employment of other servants of the European Communities)

2a. By way of derogation from Article 1, Title IV Chapters 1-2 and 6 - 6 b shall apply to parliamentary assistants employed by Members of the European Parliament. Such staff shall be paid from the appropriations for this purpose under the section of the budget for the European Parliament. The European Parliament shall adopt implementing rules.

Amendment 50
ANNEX II, POINT 17
Article 39, paragraph 2a (new) (Conditions of Employment of other servants of the European Communities)

2a. By way of derogation from Article 77 of the Staff Regulations, the final paragraph of Article 9 of Annex VIII to the Staff Regulations may be applied to temporary servants engaged in accordance with Article 2(c) of the Conditions of Employment of other servants of the European Communities to assist a political group in the European Parliament:

- who have completed at least five years of service;

- subject to the proviso that the pension shall not be less than [100 %] of the minimum subsistence figure.

Amendment 51
ANNEX II, POINT 21
Article 48, paragraphs 1a and 1b (new) (Conditions of Employment of other servants of the European Communities)

Article 50 of the Staff Regulations shall apply by analogy to temporary staff engaged in accordance with Article 2(c) of these Conditions of Employment to assist a political group in the European Parliament.

Article 41(3), with the exception of the second subparagraph, shall apply by analogy to temporary servants engaged in accordance with Article 2(c) of the Conditions of Employment of other servants of the European Communities to assist a political group in the European Parliament, for a maximum of one year, where the group is affected by a reduction of posts.

Amendment 52
ANNEX II, POINT 34
Title IV, Chapter 1, Article 79 (Conditions of Employment of other servants of the European Communities)

The contracts of contract staff may be concluded for a fixed period of at least three months and not more than five years. They may be renewed not more than once for a fixed period of not more than five years. The initial contract and the first renewal must be of a total duration of not less than six months for function group I and not less than nine months for the other function groups. Any further renewal shall be for an indefinite period.

The employment contracts of contractual agents may be concluded for a fixed duration of not more than five years. They may be renewed for a fixed duration of five years maximum. Any subsequent renewal shall be for an indefinite duration in the "contractual agents" category if the number of years of service exceeds ten.

Within the institutions, contractual agents will eventually replace civil servants in category D. In the representation offices, Commission delegations, agencies, executive agencies and other bodies instituted by a specific legal act, contractual agents may be recruited at all levels within the limit of two-thirds of employees and with the exception of executive positions.

Amendment 59
ANNEX II, POINT 34
Title IV, Chapter 1, Article 79a (new) (Conditions of Employment of other servants of the European Communities)

Article 79a
By way of derogation from this Title, the rules on recruitment and duration of contracts for parliamentary assistants shall be determined by the implementing rules referred to in Article 3a(2a).

Amendment 53
ANNEX II, POINT 34
Title IV, Chapter 1, Article 80, paragraph 2, subparagraph 2 (Conditions of Employment of other servants of the European Communities)

The grading of contract staff within each function group shall take account of the qualifications and experience of the persons concerned. Within their grade, contract staff shall be recruited in the first step.

The grading of contract staff within each function group shall take account of the qualifications and experience of the persons concerned.

Amendment 74
ANNEX II, POINT 34
Title IV, Chapter 3, Article 82, paragraph 3, point (a) (Conditions of Employment of other servants of the European Communities)

(a) is a national of one of the Member States of the Communities, unless an exception is authorised by the authority referred to in the first paragraph of Article 6, and enjoys his full rights as a citizen;

(a) is a national of one of the Member States of the Communities, or is a national of a third country with a permanent right of residence in one of the Member States of the Communities, and enjoys his full rights as a citizen;

Amendment 54
ANNEX II, POINT 34
Title IV, Chapter 3, Article 84, paragraph 1 (Conditions of Employment of other servants of the European Communities)

1. A member of the contract staff shall serve a probationary period for the first six months of his period of employment if he is in function group I and the first nine months if he is in any other function group.

1. A member of the contract staff whose contract is concluded for a duration of more than one year shall serve a probationary period for the first six months of his period of employment.

Amendment 55
ANNEX II, POINT 34
Title IV, Chapter 6, Section A, Article 94, paragraph 2, subparagraph 2a (new) (Conditions of Employment of other servants of the European Communities)

A former member of the contractual staff may not be prejudiced in any way by any conflicting regulations or administrative difficulties which might be caused by differences or divergences as between national legislation and the present provisions.

(1)	After the amendments were adopted, the matter was referred back to committee in accordance with Rule 69(2) (A5-0069/2003).

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