(Consultation procedure - renewed consultation)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2002) 213)(1) and to the amended Commission proposal (COM(2003) 721)(2),

–   having regard to its position of 19 June 2003(3),

–   having been reconsulted by the Council pursuant to Article 283 of the EC Treaty (C5-0575/2003),

–   having regard to Rule 67 and 71(3) of its Rules of Procedure,

–   having regard to the report of the Committee on Legal Affairs and the Internal Marketl (A5-0078/2004),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

3.  Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

4.  Calls for initiation of the conciliation procedure under the Joint Declaration of 4 March 1975 if the Council intends to depart from the text approved by Parliament;

5.  Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

6.  Instructs its President to forward its position to the Council and the Commission.

Text proposed by the Commission   Amendments by Parliament Amendment 13 RECITAL 35 (35)  The overall level of pay and pensions for officials and other servants should be such that it continues to attract and retain the best applicants from all the Member States in an independent and permanent European civil service. (35)  The overall level of pay and pensions for officials and other servants should be such that it continues to attract and retain the best applicants from all the Member States in an independent and permanent European civil service. It is appropriate, therefore, to ensure that the joint effects of the application of the 'Method', the special levy and the actuarial balance do not have an adverse impact on salaries. Amendment 14 RECITAL 38a (new) (38a) Given that the present reform entails significant budgetary consequences and also provides for a number of financial procedures, it is appropriate to ensure that the role of the budgetary authorities in this process is fully safeguarded. Amendment 1 ARTICLE 2, PARAGRAPH 1 This Regulation shall enter into force on [...]. This Regulation shall enter into force on 1 May 2004. Amendment 15 ANNEX I, POINT 7 Article 5, paragraph 3, point (a), indent 3 (Staff Regulations of officials of the European Communities) - where justified in the interests of the service, professional training or professional experience of an equivalent level. - where duly justified in the interests of the service, professional training or professional experience of an equivalent level. Amendment 16 ANNEX I, POINT 7 Article 5, paragraph 3, point (b), indent 2 (Staff Regulations of officials of the European Communities) - where justified in the interest of the service, professional training of an equivalent level. - where duly justified in the interest of the service, professional training of an equivalent level. Amendment 2 ANNEX I, POINT 7 Article 5, paragraph 6 (Staff Regulations of officials of the European Communities) 6.  By way of derogation from paragraphs 1 and 2 and up to an overall maximum of 90 posts, the European Parliament may create a function group for its ushers comprising four grades equivalent to AST 1 to 4. deleted Amendment 17 ANNEX I, POINT 7 Article 6, paragraph 2 (Staff Regulations of officials of the European Communities) 2.  To ensure equivalence of the average career in the career structure before 1 May 2004 (old career structure) and after 1 May 2004 (new career structure) and without prejudice to the principle of promotion based on merit as laid down in Article 45 of the Staff Regulations, this plan shall ensure that for each institution, the number of vacant positions at every grade of the establishment plan on January 1 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 May 2004]. 2.  On this reference base and within the context of the staff policy of each institution, to ensure equivalence of the average career in the career structure before 1 May 2004 (old career structure) and after 1 May 2004 (new career structure) and without prejudice to the principle of promotion based on merit as laid down in Article 45 of the Staff Regulations, this plan shall ensure that for each institution, the number of vacant positions at every grade of the establishment plan on January 1 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 May 2004]. Amendment 3 ANNEX I, POINT 25 Article 22b, paragraph 1, point (b) (Staff Regulations of officials of the European Communities) (b) the official has previously disclosed the same information to the European Anti-Fraud Office or to his own institution and has allowed the Office or that institution the period of time set by the Office or the institution, given the complexity of the case, to take appropriate action. The official shall be duly informed of that period of time. (b) the official has previously disclosed the same information to the European Anti-Fraud Office or to his own institution and has allowed the Office or that institution the period of time set by the Office or the institution to take the appropriate action. This period of time shall be one month for the institution and 60 days for the Office. Should the complexity of the case so require, this period of time may be increased. The official shall be duly informed of the period of time in question and of the decision of the institution or the Office regarding action to be taken. Amendment 4 ANNEX I, POINT 33, POINT (c) Article 29, paragraphs 3 and 4 (Staff Regulations of officials of the European Communities) (3)  The institutions may organise internal competitions for each function group on the basis of qualifications or tests or both tests and qualifications for the institution concerned which shall be at least at AST 6-level or higher and at AD 9-level or higher. (3)  The institutions may organise internal competitions for each function group on the basis of qualifications or tests or both tests and qualifications for the institution concerned which shall be at least at AST 6-level or higher and at AD 9-level or higher. These competitions will be open to members of the temporary staff of that institution engaged in accordance with Article 2 of the Conditions of Employment of other Servants of the European Communities. The institutions shall require as minimum qualifications for these competitions at least ten years of service as a temporary servant and having been recruited as a temporary servant on the basis of a selection procedure which ensured the application of the same standards as for the selection of officials in conformity with Article 12 (3a) of these Conditions of Employment. By derogation from Article 29 (1) (a), the Appointing Authorities of the institution that engaged the temporary servant shall, before filling a vacant post in that institution, consider transfers of officials in parallel with successful candidates from these internal competitions. These competitions will only be open to members of the temporary staff of that institution engaged in accordance with Article 2(c) of the Conditions of Employment of other Servants of the European Communities. The institutions shall require as minimum qualifications for these competitions at least ten years of service as a temporary servant and having been recruited as a temporary servant on the basis of a selection procedure which ensured the application of the same standards as for the selection of officials in conformity with Article 12(3a) of these Conditions of Employment. By derogation from Article 29 (1) (a), the Appointing Authorities of the institution that engaged the temporary servant shall, before filling a vacant post in that institution, consider transfers of officials in parallel with successful candidates from these internal competitions. (4)  The European Parliament shall organise at least two internal competitions on the basis of qualifications every five years for each function group which shall be at least at AST 6-level or higher and at AD 9-level or higher, in accordance with the second subparagraph of paragraph 3. (4)  The European Parliament shall organise an internal competition on the basis of qualifications and tests once every five years for each function group which shall be at least at AST 6-level or higher and at AD 9-level or higher, in accordance with the second subparagraph of paragraph 3. Amendment 18 ANNEX I, POINT 60 Article 66 a, paragraph 2, point (b) (Staff Regulations of officials of the European Communities) (b)  The Council, acting in accordance with the procedure laid down in Article 283 of the EC Treaty after consulting the other institutions concerned, may, if appropriate, in the context of the review provided for in Article 15(2) of Annex XI to the Staff Regulations, alter the rate of the special levy referred to in point (a) on the basis of a report and a proposal from the Commission. deleted Amendment 5 ANNEX I, POINT 85 Annex I, Table A, columns 3 and 4, last three rows (Staff Regulations of officials of the European Communities) Text proposed by the Commission AST 3 Assistant working for example as: Junior clerk; junior documentalist; junior technician, junior IT operative; AST 2 Assistant working for example as: Filing clerk; technical attendant; IT attendant. AST 1 Assistant working for example as: Filing clerk; technical attendant; IT attendant. Amendment by Parliament AST 3 (a)  Assistant working for example as: Junior clerk; junior documentalist; junior technician, junior IT operative; (b)  Parliamentary Usher*. AST 2 (a)  Assistant working for example as: Filing clerk; technical attendant; IT attendant; (b)  Parliamentary Usher*. AST 1 (a)  Assistant working for example as: Filing clerk; technical attendant; IT attendant. (b)  Parliamentary Usher*. ____________ * The number of posts of Parliamentary Usher in the European Parliament shall not exceed 85. Amendment 6 ANNEX I, POINT 92, POINT (g) Annex VII, Article 7, paragraph 2, subparagraph 1 (Staff Regulations of officials of the European Communities) 2.  The basis for calculating the reimbursement shall be the first-class rail fare on the shortest and most economical habitual route by rail between the place of employment and the place of recruitment or origin. 2.  The basis for calculating the reimbursement shall be the first-class rail fare on the shortest and most economical habitual route by rail or by ship if there is no rail connection or by plane if there is no rail or ship connection between the place of employment and the place of recruitment or origin. (This amendment applies to the entire legislative text under review: adoption would involve technical adjustments throughout the text). Amendment 20/rev. ANNEX I, POINT 92, POINT (h), POINT (i) Annex VII, Article 8, paragraph 2, subparagraph 2 (Staff Regulations of officials of the European Communities) The kilometric allowance shall be: The kilometric allowance shall be: € 0 for every km from 0 to 200 km € 0 for every km from 0 to 200 km [€ 0.3117] for every km from 201 to1000 km [€ 0.3117] for every km from 201 to1000 km [€ 0.5195] for every km from 1001 to 2000 km [€ 0.5195] for every km from 1001 to 2000 km [€ 0.3117] for every km from 2001 to 3000 km [€ 0.3117] for every km from 2001 to 3000 km [€ 0.1039] for every km from 3001 to 4000 km [€ 0.1039] for every km over and above 3000 km, with no upper limit. € 0 for every km over 4 000 km Amendment 7 ANNEX I, POINT 93, POINT (h), POINT (iii) Annex VIII, Article 9, paragraph 2 (Staff Regulations of officials of the European Communities) The Appointing Authority may decide, in the interests of the service on the basis of objective criteria and transparent procedures introduced by means of general implementing provisions, not to apply the above reduction to the officials concerned, up to a maximum of 10% of the officials in all institutions who retired the previous year. The annual percentage may vary from 8% to 12%, subject to a total of 20% over two years and the principle of budget neutrality. Before five years have elapsed, the Commission shall submit to the European Parliament and the Council an evaluation report on the implementation of this measure. Where appropriate, the Commission shall submit a proposal to fix after five years the maximum annual percentage rate between 5 and 10 % of all officials in all institutions who retired the previous year, on the basis of Article 283 of the EC Treaty. The Appointing Authority may decide, in the interests of the service on the basis of objective criteria and transparent procedures introduced by means of general implementing provisions, not to apply the above reduction to the officials concerned. The total number of officials and temporary servants who retire without any reduction of their pension each year shall not be higher than 10% of the officials in all institutions who retired the previous year. The annual percentage may vary from 8% to 12%, subject to a total of 20% over two years and the principle of budget neutrality. Before five years have elapsed, the Commission shall submit to the European Parliament and the Council an evaluation report on the implementation of this measure. Where appropriate, the Commission shall submit a proposal to fix after five years the maximum annual percentage rate between 5 and 10 % of all officials in all institutions who retired the previous year, on the basis of Article 283 of the EC Treaty. Amendment 8 ANNEX I, POINT 94 Annex IX, Section 1, Article 2, paragraph 2 (Staff Regulations of officials of the European Communities) (Does not affect the English version) Amendment 21 ANNEX II, POINT 2a (new) Article 2, point (c) (Conditions of Employment of other servants of the European Communities) 2a. In Article 2(c), the words "other than officials of the Communities" are deleted; Amendment 9 ANNEX II, POINT 17 Article 39, paragraph 1, subparagraph 2 (Conditions of Employment of other servants of the European Communities) Article 9(2) of Annex VIII shall apply under the following conditions: The Appointing Authority may decide, in the interests of the service on the basis of objective criteria and transparent procedures introduced by means of general implementing provisions, not to apply any reduction to the pension of a temporary servant, up to a maximum of 20% of the temporary servants in all institutions who retired the previous year. The annual percentage may vary, subject to an average of 20% over five years and the principle of budget neutrality. Before five years have elapsed, the Commission shall submit to the European Parliament and the Council an evaluation report on the implementation of this measure. Where appropriate, the Commission shall submit a proposal to fix after five years the maximum annual percentage rate between 10 and 20 % of all temporary servants in all institutions who retired the previous year, on the basis of Article 283 of the EC Treaty. Article 9(2) of Annex VIII shall apply under the following conditions: The Appointing Authority may decide, in the interests of the service on the basis of objective criteria and transparent procedures introduced by means of general implementing provisions, not to apply any reduction to the pension of a temporary servant, up to a maximum of eight temporary servants in all institutions in any one year. The annual number may vary, subject to an average of ten every two years and the principle of budget neutrality. Before five years have elapsed, the Commission shall submit to the European Parliament and the Council an evaluation report on the implementation of this measure. Where appropriate, the Commission shall submit a proposal to change after five years the maximum annual number on the basis of Article 283 of the EC Treaty. Amendment 19/rev. ANNEX II, POINT 31 Title IV, Article 85 (Conditions of Employment of other servants of the European Communities) 1.  The contracts of contract staff for non-core tasks 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. 1.  The contracts of contract staff for non-core tasks may be concluded for a fixed period of at least three months and not more than five years. They may be renewed. If the cumulative duration of the initial contract and successive renewals exceeds five years, any further renewal shall be for an indefinite period. Periods covered by a contract as a member of the contract staff for auxiliary tasks shall not be counted for the purposes of the conclusion or renewal of contracts under this article. Periods covered by a contract as a member of the contract staff for auxiliary tasks shall not be counted for the purposes of the conclusion or renewal of contracts under this article. 2.  By way of derogation from the last sentence of the first sub-paragraph of paragraph 1, the appointing authority may decide that only the fourth renewal of a contract for a member of function group 1 shall be for an indefinite period, provided that the total duration of his engagement for a fixed period does not exceed ten years. Amendment 10 ANNEX II, POINT 40 Annex 1, Article 1 (Conditions of Employment of other servants of the European Communities) Article 1 Article 50 of the Staff Regulations shall apply by analogy to temporary servants equivalent in grade and function to senior officials as defined in Article 29(2) of the Staff Regulations and engaged in accordance with Article 2(c) of these Conditions of Employment to assist a political group in the European Parliament. deleted

(1) OJ C 291 E, 26.11.2002, p. 33. (2) Not yet published in OJ. (3) 3 P5_TA(2003)0290.