EEC/EAEC Council: Regulation No 31 (EEC), 11 (EAEC), laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Economic Community and the European Atomic Energy Community

Regulation No 31 (EEC), 11 (EAEC),laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Economic Community and the European Atomic Energy Community THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY,THE COUNCIL OF THE EUROPEAN ATOMIC ENERGY COMMUNITY,Having regard to the Treaty establishing the European Economic Community, and in particular Articles 179, 212 and 215 thereof;Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Articles 152, 186 and 188 thereof;Having regard to the Protocol on the Privileges and Immunities of the European Economic Community, and in particular Articles 6 and 14 thereof;Having regard to the Protocol on the Privileges and Immunities of the European Atomic Energy Community, and in particular Articles 6 and 14 thereof;Having regard to the proposals submitted by the Commissions in accordance with Article 14 of the Protocols on the Privileges and Immunities of the European Economic Community and of the European Atomic Energy Community;Having regard to the Opinion of the European Parliament;Having regard to the Opinion of the Court of Justice of the European Communities;Whereas it is for the Councils, acting unanimously, in co-operation with the Commissions and after consulting the other institutions concerned, to lay down the Staff Regulations of officials and the Conditions of Employment of other servants of the European Economic Community and the European Atomic Energy Community;Whereas those Staff Regulations and Conditions of Employment should be such as to secure for the Communities the services of staff of the highest standard of independence, ability, efficiency and integrity, recruited on the broadest possible geographical basis from among nations of Member States of the Communities, and at the same time to enable such staff to discharge their duties in conditions which will ensure maximum efficiency;HAS ADOPTED THIS REGULATION:

Sole ArticleThe Staff Regulations of officials and the Conditions of Employment of other servants of the European Economic Community and the European Atomic Energy Community are laid down in the Annex, which forms an integral part of this Regulation.This Regulation shall enter into force on 1 January 1962.

This Regulation shall be binding in its entirety and directly applicable in all Member States.STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN COMMUNITIESTITLE IGENERAL PROVISIONS

Article 1These Staff Regulations shall apply to officials of the Communities.

Article 1a1.For the purposes of these Staff Regulations, "official of the Communities" means any person who has been appointed, as provided for in these Staff Regulations, to an established post on the staff of one of the institutions of the Communities by an instrument issued by the Appointing Authority of that institution.2.This definition in paragraph 1 shall also apply to persons appointed by Community bodies to whom these Staff Regulations apply under the Community acts establishing them (hereinafter "agencies"). Any references to "institutions" in these Staff Regulations shall apply to agencies, save as otherwise provided in these Staff Regulations.

Article 1bSave as otherwise provided in these Staff Regulations,(a)the European Economic and Social Committee,(b)the Committee of the Regions,(c)the European Ombudsman, and(d)the European Data Protection Supervisorshall, for the purposes of these Staff Regulations, be treated as institutions of the Communities.

Article 1cAny reference in these Staff Regulations to a person of the male sex shall be deemed also to constitute a reference to a person of the female sex, and vice-versa, unless the context clearly indicates otherwise.

Article 1d1.In the application of these Staff Regulations, any discrimination based on any ground 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.For the purposes of these Staff Regulations, non-marital partnerships shall be treated as marriage provided that all the conditions listed in Article 1(2)(c) of Annex VII are fulfilled.2.With a view to ensuring ensure full equality in practice between men and women in working life, which shall be an essential element to be considered in the implementation of all aspects of these Staff Regulations, the principle of equal treatment shall not prevent the institutions of the European Communities from maintaining or adopting measures providing for specific advantages in order to make it easier for the under-represented sex to pursue a vocational activity or to prevent or compensate for disadvantages in professional careers.3.The institutions shall determine, by agreement, after consulting the Staff Regulations Committee, measures and actions to promote equal opportunities for men and women in the areas covered by these Staff Regulations, and shall adopt the appropriate provisions notably to redress such de facto inequalities as hamper opportunities for women in these areas.4.For the purposes of paragraph 1, a person has a disability if he has a physical or mental impairment that is, or is likely to be, permanent. The impairment shall be determined according to the procedure set out in Article 33.A person with a disability meets the conditions laid down in Article 28(e) if he can perform the essential functions of the job when reasonable accommodation is made."Reasonable accommodation", in relation to the essential functions of the job, shall mean appropriate measures, where needed, to enable a person with a disability to have access to, participate in, or advance in employment, or to undergo training, unless such measures would impose a disproportionate burden on the employer.5.Where persons covered by these Staff Regulations, who consider themselves wronged because the principle of equal treatment as set out above has not been applied to them, establish facts from which it may be presumed that there has been direct or indirect discrimination, the onus shall be on the institution to prove that there has been no breach of the principle of equal treatment. This provision shall not apply in disciplinary proceedings.6.While respecting the principle of non-discrimination and the principle of proportionality, any limitation of their application must be justified on objective and reasonable grounds and must be aimed at legitimate objectives in the general interest in the framework of staff policy. Such objectives may in particular justify stipulating a mandatory retirement age and a minimum age for drawing a retirement pension.

Article 1e1.Officials in active employment shall have access to measures of a social nature 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.2.Officials in active employment shall be accorded working conditions complying with appropriate health and safety standards at least equivalent to the minimum requirements applicable under measures adopted in these areas pursuant to the Treaties.3.Measures of a social nature adopted in accordance with this Article shall be implemented by each institution in close cooperation with the Staff Committee, on the basis of multi-annual proposed actions. These proposed actions shall be transmitted each year to the budgetary authority in the framework of the budget procedure.

Article 21.Each institution shall determine who within it shall exercise the powers conferred by these Staff Regulations on the appointing authority.In respect of officials of the Economic and Social Committee, the Committee of the Regions and the secretariat of the Ombudsman of the European Union, the rules of procedure of those Committees and of the Ombudsman shall determine who shall exercise the powers conferred by these Staff Regulations on the appointing authority.However, two or more institutions may entrust to one of them or to an interinstitutional body the exercise of the powers conferred on the appointing authority in respect of recruitment and of the social security and pension schemes.2.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 other than decisions relating to appointments, promotions or transfers of officials.

Article 3The instrument appointing an official shall state the date on which the appointment takes effect; this date shall not be prior to the date on which the official takes up his duties.

Article 4No appointment or promotion shall be made for any purpose other than that of filling a vacant post as provided in these Staff Regulations.Vacant posts in an institution shall be notified to the staff of that institution once the appointing authority decides that the vacancy is to be filled.If the vacancy cannot be filled by transfer, appointment to a post in accordance with Article 45a or promotion, it shall be notified to the staff of the other institutions, and/or an internal competition shall be organised.

Article 51.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") and an assistants' function group (hereinafter "AST").2.Function group AD shall comprise twelve grades, corresponding to administrative, advisory, linguistic and scientific duties. Function group AST shall comprise eleven grades, corresponding to executive, technical and clerical duties.3.Appointment shall require at least:(a)in function group AST:(i)a level of post-secondary education attested by a diploma, or(ii)a level of secondary education attested by a diploma giving access to post-secondary education, and appropriate professional experience of at least three years, or(iii)where justified in the interests of the service, professional training or professional experience of an equivalent level.(b)in function group AD for grades 5 and 6:(i)a level of education which corresponds to completed university studies of at least three years attested by a diploma, or(ii)where justified in the interest of the service, professional training of an equivalent level.(c)in function group AD for grades 7 to 16:(i)a level of education which corresponds to completed university studies attested by a diploma when the normal period of university education is four years or more, or(ii)a level of education which corresponds to completed university studies attested by a diploma and appropriate professional experience of at least one year when the normal period of university education is at least three years, or(iii)where justified in the interests of the service, professional training of an equivalent level.4.A table showing types of posts is given in Annex I, point A. By reference to this table, each institution shall define the duties and powers attaching to each type of post after consulting the Staff Regulations Committee.5.Identical conditions of recruitment and service career shall apply to all officials belonging to the same function group.

Article 61.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.2.To ensure equivalence of the average career in the career structure before 1 May 2004 (hereinafter "old career structure") and as from 1 May 2004 (hereinafter "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 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 May 2004.3.The Commission shall, on the basis of the methodology defined in paragraph 5, submit a report to the budgetary authority each year on the evolution of average careers in the two function groups in all institutions, which shall state whether the principle of equivalence has been respected and, if not, to what extent it has been breached. If it has not been respected, the budgetary authority may take such corrective safeguard measures as are appropriate to re-establish equivalence.4.To ensure that this system remains consistent with the establishment plan, consistent with the equivalence between the old and the new career structure and consistent with budgetary discipline, the rates laid down in Annex I, point B, shall be reviewed at the end of a five-year period starting on 1 May 2004 on the basis of a report, submitted by the Commission to the Council, and a proposal by the Commission.The Council shall decide in accordance with Article 283 of the EC Treaty.5.Equivalence shall be assessed, as a result of promotion and seniority over a given reference period on the assumption that staff numbers remain unchanged, between the average career before 1 May 2004 and the average career of officials recruited thereafter.

Article 71.The Appointing Authority shall, acting solely in the interest of the service and without regard to nationality, assign each official by appointment or transfer to a post in his function group which corresponds to his grade.An official may apply for a transfer within his institution.2.An official may be called upon to occupy temporarily a post in a grade in his function group which is higher than his substantive grade. From the beginning of the fourth month of such temporary posting, he shall receive a differential allowance equal to the difference between the remuneration carried by his substantive grade and step, and the remuneration he would receive in respect of the step at which he would be classified if he were appointed to the grade of his temporary posting.The duration of a temporary posting shall not exceed one year, except where, directly or indirectly, the posting is to replace an official who is seconded to another post in the interests of the service, called up for military service or absent on protracted sick leave.

Article 8An official seconded to another institution of the European Communities may, after a period of six months apply to be transferred to that institution.If the parent institution of the official and the institution to which he has been seconded both consent, to the transfer, the official shall be deemed to have served his entire service career in the Community in the latter institution. He shall not receive by virtue of such transfer any of the financial benefits which an official is entitled to receive under these Staff Regulations on termination of service with one of the institutions of the Communities.If the decision granting the application involves establishment in a grade higher than that occupied in the parent institution, this shall count as promotion; such decision may be taken only in accordance with the terms of Article 45.

Article 91.There shall be set up:(a)within each institution:a Staff Committee, which may be organised in sections for the different places of employment;one or more Joint Committees, as appropriate for the number of officials at the places of employment;one or more Disciplinary Boards, as appropriate for the number of officials at the places of employment;one or more Joint Advisory Committees on professional incompetence, as appropriate for the number of officials at the places of employment;a Reports Committee, if required;(b)for the Communities:an Invalidity Committee;which shall perform the functions assigned to them by these Staff Regulations.1a.For the application of certain provisions of these Staff Regulations, a common Joint Committee may be established for two or more institutions.2.The composition and procedure of these bodies shall be determined by each institution in accordance with the provisions of Annex II.The staff of the institution shall be notified of the list of members of these bodies.3.The Staff Committee shall represent the interests of the staff vis-à-vis their institution and maintain continuous contact between the institution and the staff. It shall contribute to the smooth running of the service by providing a channel for the expression of opinion by the staff.It shall bring to the notice of the competent bodies of the institution any difficulty having general implications concerning the interpretation and application of these Staff Regulations. It may be consulted on any difficulty of this kind.The Committee shall submit to the competent bodies of the institution suggestions concerning the organisation and operation of the service and proposals for the improvement of staff working conditions or general living conditions.The Committee shall participate in the management and supervision of social welfare bodies set up by the institution in the interests of its staff. It may, with the consent of the institution, set up such welfare services.4.In addition to the functions assigned to them by these Staff Regulations, the Joint Committee or Committees may be consulted by the appointing authority or by the Staff Committee on questions of a general nature which either of the latter thinks fit to submit.5.The opinion of the Reports Committee shall be sought:(a)on action following completion of probationary service; and(b)on the selection of staff to be affected by any reduction in the establishment.It may be instructed by the Appointing Authority to ensure that the periodic reports on staff members are made in a uniform manner within the institution.6.The opinion of the Joint Advisory Committee on professional incompetence shall be sought for the application of Article 51.

Article 10A Staff Regulations Committee shall be set up consisting of representatives of the institutions of the Communities and an equal number of representatives of their Staff Committees. The procedure for appointing members of the Staff Regulations Committee shall be decided by common accord of the institutions. The agencies shall be jointly represented in accordance with rules to be fixed by agreement between them and the Commission.The Committee shall be consulted by the Commission on all proposals to revise the Staff Regulations; it shall deliver its opinion within the time set by the Commission. In addition to the functions conferred upon the Committee by these Staff Regulations, it may put forward suggestions for revising the Staff Regulations. The Committee shall meet at the request of its Chairman, an institution or the staff committee of an institution.Minutes of the meetings of the Committee shall be communicated to the appropriate bodies.

Article 10aThe institution shall prescribe the periods within which the Staff Committee, the Joint Committee or the Staff Regulations Committee must deliver opinions requested of them; these periods shall not be less than fifteen working days. If no opinion has been delivered within the period prescribed the institution shall take its decision.

Article 10bThe trade unions and staff associations referred to in Article 24b shall act in the general interest of the staff, without prejudice to the statutory powers of the staff committees.The Commission proposals referred to in Article 10 may be the subject of consultations by representative trade unions and staff associations.

Article 10cEach institution may conclude agreements concerning its staff with its representative trade unions and staff associations. Such agreements may not entail amendment of the Staff Regulations or any budgetary commitments, nor may they affect the working of the institution concerned. The representative trade unions and staff associations which are signatories shall operate in each institution subject to the statutory powers of the staff committee.

TITLE IIRIGHTS AND OBLIGATIONS OF OFFICIALS

Article 11An official shall carry out his duties and conduct himself solely with the interests of the Communities 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 Communities.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.

Article 11a1.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.2.Any official to whom it falls, in the performance of his duties, to deal with a matter referred to above shall immediately inform the Appointing Authority. The Appointing Authority shall take any appropriate measure, and may in particular relieve the official from responsibility in this matter.3.An official may neither keep nor acquire, directly or indirectly, in undertakings which are subject to the authority of the institution to which he belongs or which have dealings with that institution, any interest of such kind or magnitude as might impair his independence in the performance of his duties.

Article 12An official shall refrain from any action or behaviour which might reflect adversely upon his position.

Article 12a1.Officials shall refrain from any form of psychological or sexual harassment.2.An official who has been the victim of psychological or sexual harassment shall not suffer any prejudicial effects on the part of the institution. An official who has given evidence on psychological or sexual harassment shall not suffer any prejudicial effects on the part of the institution, provided the official has acted honestly.3."Psychological harassment" means any improper conduct that takes place over a period, is repetitive 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.4."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.

Article 12b1.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 Communities, 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 is incompatible with the interests of the institution.2.An official shall notify the Appointing Authority of any changes in a permitted outside activity or assignment, which occur after the official has sought the permission of the Appointing Authority under paragraph 1. Permission may be withdrawn if the activity or assignment no longer meets the conditions referred to in the last sentence of paragraph 1.

Article 13If the spouse of an official is in gainful employment, the official shall inform the appointing authority of his institution. Should the nature of the employment prove to be incompatible with that of the official and if the official is unable to give an undertaking that it will cease within a specified period, the appointing authority shall, after consulting the Joint Committee, decide whether the official shall continue in his post or be transferred to another post.

Article 14Any official who in the performance of his duties is called upon to decide on a matter in the handling or outcome of which he has a personal interest such as to impair his independence shall inform the appointing authority.

Article 151.An official who intends to stand for public office shall notify the Appointing Authority. The Appointing Authority shall decide, in the light of the interests of the service, whether the official concerned:(a)should be required to apply for leave on personal grounds, or(b)should be granted annual leave, or(c)may be authorised to discharge his duties on a part-time basis, or(d)may continue to discharge his duties as before.2.An official elected or appointed to public office shall immediately inform the Appointing Authority. The Appointing Authority shall, having regard to the interests of the service, the importance of the office, the duties it entails and the remuneration and reimbursement of expenses incurred in carrying out those duties, take one of the decisions referred to in paragraph 1. If the official is required to take leave on personal grounds or is authorised to discharge his duties on a part-time basis, the period of such leave or part-time working shall correspond to the official's term of office.

Article 16An 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. 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.

Article 171.An official shall refrain from any unauthorised disclosure of information received in the line of duty, unless that information has already been made public or is accessible to the public.2.An official shall continue to be bound by this obligation after leaving the service.

Article 17a1.An official has the right to freedom of expression, with due respect to the principles of loyalty and impartiality.2.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 inform the Appointing Authority in advance.Where the Appointing Authority is able to demonstrate that the matter is liable seriously to prejudice the legitimate interests of the Communities, the Appointing Authority shall inform the official of its decision in writing within 30 working days of receipt of the information. If no such decision is notified within the specified period, the Appointing Authority shall be deemed to have had no objections.

Article 181.All rights in any writings or other work done by any official in the performance of his duties shall be the property of the Community to whose activities such writings or work relate. The Communities shall have the right to acquire compulsorily the copyright in such works.2.Any invention made by an official in the course of or in connection with the performance of his duties shall be the undisputed property of the Communities. The institution may, at its own expense and on behalf of the Communities, apply for and obtain patents therefor in all countries. Any invention relating to the work of the Communities made by an official during the year following the expiration of his term of duty shall, unless proved otherwise, be deemed to have been made in the course of or in connection with the performance of his duties. Where inventions are the subject of patents, the name of the inventor or inventors shall be stated.3.The institution may in appropriate cases award a bonus, the amount of which shall be determined by the institution, to an official who is the author of a patented invention.

Article 19An 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 preceding paragraph 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 staff of one of the three European Communities.

Article 20An official shall reside either in the place where he is employed or at no greater distance there from as is compatible with the proper performance of his duties.The official shall notify the Appointing Authority of his address and inform it immediately of any change of address.

Article 21An official, whatever his rank, shall assist and tender advice to his superiors; he shall be responsible for the performance of the duties assigned to him.An official in charge of any branch of the service shall be responsible to his superiors in respect of the authority conferred on him and for the carrying out of instructions given by him. The responsibility of his subordinates shall in no way release him from his own responsibilities.An official who receives instructions which he considers to be irregular or likely to give rise to serious difficulties shall inform his immediate superior, if necessary in writing. If the official then receives written confirmation of the instructions from his superior, he shall carry them out unless they constitute a breach of criminal lawor of the relevant safety standards.

Article 21a1.An official who receives orders which he considers to be irregular or likely to give rise to serious difficulties shall inform his immediate superior, who shall, if the information is given in writing, reply in writing. Subject to paragraph 2, if the immediate superior confirms the orders and the official believes that such confirmation does not constitute a reasonable response to the grounds of his concern, the official shall refer the question in writing to the hierarchical authority immediately above. If the latter confirms the orders in writing, the official shall carry them out unless they are manifestly illegal or constitute a breach of the relevant safety standards.2.If the immediate superior considers that the orders must be executed promptly, the official shall carry them out unless they are manifestly illegal or constitute a breach of the relevant safety standards. At the request of the official, the immediate superior shall be obliged to give such orders in writing.

Article 22An official may be required to make good, in whole or in part, any damage suffered by the Communities as a result of serious misconduct on his part in the course of or in connection with the performance of his duties.A reasoned decision shall be given by the appointing authority in accordance with the procedure laid down in regard to disciplinary matters.The Court of Justice of the European Communities shall have unlimited jurisdiction in disputes arising under this provision.

Article 22a1.Any official who, in the course of or in connection with the performance of his duties, becomes aware of facts which give rise to a presumption of the existence of possible illegal activity, including fraud or corruption, detrimental to the interests of the Communities, or of conduct relating to the discharge of professional duties which may constitute a serious failure to comply with the obligations of officials of the Communities, shall without delay inform either his immediate superior or his Director-General or, if he considers it useful, the Secretary-General, or the persons in equivalent positions, or the European Anti-Fraud Office (OLAF) direct.Information mentioned in the first subparagraph shall be given in writing.This paragraph shall also apply in the event of serious failure to comply with a similar obligation on the part of a Member of an institution or any other person in the service of or carrying out work for an institution.2.Any official receiving the information referred to in paragraph 1 shall without delay transmit to OLAF any evidence of which he is aware from which the existence of the irregularities referred to in paragraph 1 may be presumed.3.An official shall not suffer any prejudicial effects on the part of the institution as a result of having communicated the information referred to in paragraphs 1 and 2, provided that he acted reasonably and honestly.4.Paragraphs 1 to 3 shall not apply to documents, deeds, reports, notes or information in any form whatsoever held for the purposes of, or created or disclosed to the official in the course of, proceedings in legal cases, whether pending or closed.

Article 22b1.An official who further discloses information as defined in Article 22a to the President of the Commission or of the Court of Auditors or of the Council or of the European Parliament, or to the European Ombudsman, shall not suffer any prejudicial effects on the part of the institution to which he belongs provided that both of the following conditions are met:(a)the official honestly and reasonably believes that the information disclosed, and any allegation contained in it, are substantially true; and(b)the official has previously disclosed the same information to OLAF or to his own institution and has allowed OLAF 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 within 60 days.2.The period referred to in paragraph 1 shall not apply where the official can demonstrate that it is unreasonable having regard to all the circumstances of the case.3.Paragraphs 1 and 2 shall not apply to documents, deeds, reports, notes or information in any form whatsoever held for the purposes of, or created or disclosed to the official in the course of, proceedings in legal cases, whether pending or closed.

Article 23The privileges and immunities enjoyed by officials are accorded solely in the interests of the Communities. Subject to the Protocol on Privileges and Immunities, officials shall not be exempt from fulfilling their private obligations or from complying with the laws and police regulations in force.When privileges and immunities are in dispute, the official concerned shall immediately inform the appointing authority.The laissez-passer provided for in the Protocol on Privileges and Immunities shall be issued to officials in grade AD 12 to AD 16 and equivalent grades.Where the interests of the service so require, this laissez-passer may be issued, by special decision of the appointing authority, to officials in other grades whose place of employment lies outside the territory of the Member States.

Article 24The Communities shall assist any official, in particular in proceedings against any person perpetrating threats, insulting or defamatory acts or utterances, or any attack to person or property to which he or a member of his family is subjected by reason of his position or duties.They shall jointly and severally compensate the official for damage suffered in such cases, in so far as the official did not either intentionally or through grave negligence cause damage and has been unable to obtain compensation from the person who did cause it.

Article 24aThe Communities shall facilitate such further training and instruction for officials as is compatible with the proper functioning of the service and is in accordance with its own interests.Such training and instruction shall be taken into account for purposes of promotion in their careers.

Article 24bOfficials shall be entitled to exercise the right of association; they may in particular be members of trade unions or staff associations of European officials.

Article 25Officials may submit requests concerning issues covered by these Staff Regulations to the Appointing Authority of their institution.Any decision relating to a specific individual which is taken under these Staff Regulations shall at once be communicated in writing to the official concerned. Any decision adversely affecting an official shall state the grounds on which it is based.Specific decisions regarding appointment, establishment, promotion, transfer, determination of administrative status and termination of service of an official shall be published in the institution to which the official belongs. The publication shall be accessible to all staff for an appropriate period of time.

Article 26The personal file of an official shall contain:(a)all documents concerning his administrative status and all reports relating to his ability, efficiency and conduct;(b)any comments by the official on such documents.Documents shall be registered, numbered and filed in serial order; the documents referred to in subparagraph (a) may not be used or cited by the institution against an official unless they were communicated to him before they were filed.The communication of any document to an official shall be evidenced by his signing it or, failing that, shall be effected by registered letterto the last address communicated by the official.An official's personal file shall contain no reference to his political, trade union, philosophical or religious activities and views, or to his racial or ethnic origin or sexual orientation.The preceding paragraph shall not however prohibit the insertion in the file of administrative acts and documents known to the official which are necessary for the application of these Staff Regulations.There shall be only one personal file for each official.An official shall have the right, even after leaving the service, to acquaint himself with all the documents in his fileand to take copies of them.The personal file shall be confidential and may be consulted only in the offices of the administrationor on a secure electronic medium. It shall, however, be forwarded to the Court of Justice of the European Communities if an action concerning the official is brought before the Court.

Article 26aOfficials shall have the right to acquaint themselves with their medical files, in accordance with arrangements to be laid down by the institutions.

TITLE IIICAREER OF OFFICIALSCHAPTER 1Recruitment

Article 27Recruitment 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 Communities.Officials shall be selected without distinction as to race, political, philosophical or religious beliefs, sex or sexual orientation and without reference to their marital status or family situation.No posts shall be reserved for nationals of any specific Member State.

Article 28An official may be appointed only on condition that:(a)he is a national of one of the Member States of the Communities, unless an exception is authorized by the appointing authority, and enjoys his full rights as a citizen;(b)he has fulfilled any obligations imposed on him by the laws concerning military service;(c)he produces the appropriate character references as to his suitability for the performance of his duties;(d)he has, subject to Article 29 (2), passed a competition based on either qualifications or tests, or both qualifications and tests, as provided in Annex III;(e)he is physically fit to perform his duties; and(f)he produces evidence of a thorough knowledge of one of the languages of the Communities and of a satisfactory knowledge of another language of the Communities to the extent necessary for the performance of his duties.

Article 291.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)promotionwithin the institution;(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 Communities;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.2.A procedure other than the competition procedure may be adopted by the Appointing Authority for the recruitment of senior officials (Directors-General or their equivalent in grade AD 16 or AD 15 and Directors or their equivalent in grade AD 15 or AD 14) and, in exceptional cases, also for recruitment to posts which require special qualifications.3.The institutions may organise internal competitions for each function group on the basis of qualifications and tests for the institution concerned which shall be at grade AST 6-level or higher and at grade AD 9-level or higher.These competitions will be open only 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(4) of the Conditions of Employment of other servants. By derogation from paragraph (1)(a) of this Article, the Appointing Authority of the institution that engaged the temporary servant shall, before filling a vacant post in that institution, consider transfers of officials within the institution in parallel with successful candidates from these internal competitions.4.Once every five years the European Parliament shall organise an internal competition on the basis of qualifications and tests for each function group which shall be at grade AST 6-level or higher and at grade AD 9-level or higher, in accordance with the conditions set out in the second subparagraph of paragraph 3.

Article 30For each competition, a selection board shall be appointed by the appointing authority. This board shall draw up a list of suitable candidates.The appointing authority shall decide which of these candidates to appoint to the vacant posts.

Article 311.Candidates selected shall be appointed to the grade of the function group set out in the notice of the competition they have passed.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. The grade of the competition notice shall be determined by the institution in accordance with the following criteria:(a)the objective of recruiting officials of the highest standard as defined in Article 27;(b)the quality of the professional experience required.To address specific needs of the institutions, labour market conditions prevailing in the Community may also be taken into account when recruiting officials.3.Not withstanding paragraph (2), the institution may, where appropriate, authorise the organisation of a competition at grade AD 9, AD 10, AD 11 or, on an exceptional basis, at grade AD 12. The total number of candidates appointed to vacant posts at these grades shall not exceed 20 % of the total number of appointments to the function group AD made per year in accordance with the second paragraph of Article 30.

Article 32An official shall be recruited at the first step in his grade.The Appointing Authority may allow additional seniority up to a maximum of 24 months to take account of his professional experience. General implementing provisions shall be adopted to give effect to this Article.Members of the temporary staff graded in accordance with the grading criteria adopted by the institution shall retain the seniority in the step acquired in that capacity if they are appointed officials in the same grade immediately following the period of temporary service.

Article 33Before appointment, a successful candidate shall be medically examined by one of the institution's medical officers in order that the institution may be satisfied that he fulfils the requirements of Article 28 (e).Where a negative medical opinion is given as a result of the medical examination provided for in the first paragraph, the candidate may, within 20 days of being notified of this opinion by the institution, request that his case be submitted for the opinion of a medical committee composed of three doctors chosen by the appointing authority from among the institutions' medical officers. The medical officer responsible for the initial negative opinion shall be heard by the medical committee. The candidate may refer the opinion of a doctor of his choice to the medical committee. Where the opinion of the medical committee confirms the conclusions of the medical examination provided for in the first paragraph, the candidate shall pay 50 % of the fees and of the incidental costs.

Article 341.Officials shall serve a nine-month probationary period before they can be established.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.2.A report on the probationer may be made at any time during the probationary period if his work is proving obviously inadequate.This report shall be communicated to the person concerned, who shall have the right to submit his comments in writing 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; the period of service may not, however, exceed the normal probationary period.However, the appointing authority may, in exceptional circumstances, authorize continuation of the probationary period and assign the official to another department. In this case the new assignment must be for at least six months; it shall be subject to the limits set out in paragraph 4.3.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 or, in exceptional circumstances, extension of the probationary period, the report and the comments shall be transmitted immediately by the probationer's immediate superior to the appointing authority, which shall, within a period of three weeks, consult the Joint Reports Committee on the action to be taken.A probationer whose work has not proved adequate for establishment in his post shall be dismissed. However, the appointing authority may, in exceptional circumstances, extend the probationary period for a maximum of six months, and possibly assign the probationer to another department.4.The total length of the probationary period shall in no circumstances exceed 15 months.5.Except where he is in a position forthwith to resume employment elsewhere, a dismissed probationer shall receive compensation equal to three months' basic salary if he has completed more than one year's service, two months' basic salary if he has completed at least six months' service and one months' basic salary if he has completed less than six months' service.6.Paragraphs 2, 3, 4, and 5 shall not apply to officials who resign before the end of their probationary period.

CHAPTER 2Administrative status

Article 35Officials shall be assigned one of the following administrative statuses:(a)Active employment;(b)Secondment;(c)Leave on personal grounds;(d)Non-active status;(e)Leave for military service;(f)Parental leave or family leave.

Section 1ACTIVE EMPLOYMENT

Article 36An official having active status is one who is performing the duties pertaining to the post to which he has been appointed or temporarily assigned as provided in Title IV.

Section 2SECONDMENT

Article 37An 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; orto 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 Communities, 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;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;(b)has at his own request:been placed at the disposal of another of the institutions of the European Communities; orbeen placed at the disposal of an organization devoted to furthering the Community's interests and included on a list to be drawn up by agreement between the institutions of the Communities 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.

Article 38Secondment 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;(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 pursant 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;(g)when his secondment ends an official shall at once be reinstated in the post formerly occupied by him.

Article 39Secondment at an official's own request shall be governed by the following rules:(a)the decision on secondment shall be taken by the appointing authority who shall determine its duration;(b)within six months of taking up his new duties an official may request that his secondment be terminated; he shall then be reinstated at once in the post formerly occupied by him;(c)at the end of this period of six months, another person may be appointed to his post;(d)during the period of secondment, pension contributions and any pension rights shall be calculated by reference to the salary for active employment carried by his grade and step in his parent institution.However, an official on secondment under the second indent of Article 37 (1) (b) who acquires pension rights in the body to which he is seconded shall cease to be affiliated to the pension scheme in his original institution for the duration of this secondment.An official who becomes an invalid while on secondment within the meaning of Article 37 (1) (b), second indent, and the dependents of an official who dies during the same period, shall be entitled under these Staff Regulations to the invalidity allowance or survivor's pension less any amounts paid to them on the same grounds and for the same period by the body to whom the official was seconded.This provision shall not result in the official or his dependants being entitled to a total pension higher than the maximum amount he would have received pursuant to these Staff Regulations;(e)during the period of secondment, the official shall retain his right to advancement to a higher step;(f)when his secondment ends 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 he shall continue to be on secondment but unpaid.

Section 3LEAVE ON PERSONAL GROUNDS

Article 401.An establishedofficial may, in exceptional circumstances and at his own request, be granted unpaid leave on personal grounds.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 15 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 Communities 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,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 Articles 72(1) and 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 reinstatedor placed on secondment he shall remain on unpaid leave on personal grounds.

Section 4NON-ACTIVE STATUS

Article 411.An official with non-active status is one who has become supernumerary by reason of reduction in the number of posts in his institution.2.Reductions in the number of posts in a particular grade shall be decided by the appropriate budgetary authority under the budgetary procedure.The appointing authority shall, after consulting the Joint Committee, decide what types of posts are to be affected by such measures.The appointing authority shall draw up a list of the officials to be affected by such measures, after consulting the Joint Committee, taking into account the officials' ability, efficiency, conduct in the service, family circumstances and seniority. Any official occupying one of the posts referred to in the preceding subparagraph who expresses the wish to be assigned non-active status shall automatically be entered on this list.Officials whose names appear on this list shall be declared to have non-active status by decision of the appointing authority.3.While possessing this status an official shall cease to perform his duties and to enjoy his rights to remuneration or advancement to a higher step, but shall continue, for a period not exceeding five years, to accumulate rights to retirement pension based on the salary carried by his grade and step.For a period of two years from the date of being assigned non-active status an official shall have priority for reinstatement in any post in his function group corresponding to his grade which may fall vacant or be created, provided that he has the necessary qualifications.An official placed on non-active status shall receive an allowance calculated in accordance with Annex IV.Income received by the official from any new employment during this period shall be deducted from the allowance provided for in the preceding subparagraph in that income and the allowance together exceed the total remuneration last received by the official, calculated by reference to the table of salaries applicable on the first day of the month for which the allowance is to be paid.The official shall furnish such written proof as may be required and inform the institution of any facts liable to affect his entitlement.No correction coefficient shall be applicable to the allowance.However, the allowance and the total remuneration last received, as referred to in the fourth subparagraph of this Article, shall be subject to the weighting referred to in point (a) of Article 3(5) of Annex XI, at the rate fixed for the Member State where the recipient proves he has his residence, provided that Member State was the recipient's last place of employment. In such cases, if the currency of the Member State is not the euro, this allowance is calculated on the basis of the exchange rates provided for in Article 63 of these Staff Regulations.4.At the end of the period of entitlement to the allowance the official shall be required to resign. He shall, where appropriate, receive a retirement pension as provided in the pension scheme.5.An official who before expiry of the two-year period specified in paragraph 3 has been offered a post corresponding to his grade and has declined it without good reason may, after the Joint Committee has been consulted, be deprived of the benefit of the foregoing provisions and be required to resign.

Section 5LEAVE FOR MILITARY SERVICE

Article 42An official who is called up for military service or for reserve training or is recalled to serve in the armed forces shall be assigned the special status "leave for military service".An official who is called up for military service shall cease to receive his remuneration but shall retain his right to advancement to a higher step and promotion under these Staff Regulations. He shall also continue to enjoy retirement pension rights in respect of his period of service in the armed forces if, after completing it, he pays up his pension contributions.An official who is called up for reserve training or recalled to serve in the armed forces shall, during the period of training or recall, continue to receive his remuneration subject to deduction of an amount equal to his service pay.

Section 6PARENTAL OR FAMILY LEAVE

Article 42aAn 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 institutions. The minimum leave taken at any one time shall not be less than one month.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, the official shall be entitled to an allowance of EUR 822,06 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 1096,07 per month, or 50 % of such sum if the official is on half-time leave, for the single parents 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 amounts mentioned in this Article shall be adapted in line with remuneration.

Article 42bIn the case of medically certified serious illness or disability of an official's spouse, relative in the ascending line, relative in the descending line, brother or sister, the official shall be entitled to a period of family leave without basic salary. The total period of such leave shall not exceed nine months over the official's entire career.The second paragraph of Article 42a shall apply.

CHAPTER 3Reports, advancement to a higher step and promotion

Article 43The ability, efficiency and conduct in the service of each official shall be the subject of a periodical report made at least once every two years as provided for by each institution in accordance with Article 110. Each institution shall lay down provisions conferring the right to lodge an appeal within the reporting procedure, which has to be exercised before lodging a complaint as referred to in Article 90(2).As of grade 4, 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.

Article 44An official who has been at one step in his grade for two years shall automatically advance to the next step in that grade.If an official is appointed head of unit, director or director-general in the same grade, and provided that he has performed his new duties satisfactorily during the first nine months, 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.

Article 451.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. 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. When considering comparative merits, the Appointing Authority shall in particular take account of 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, where appropriate, the level of responsibilities exercised by them.2.Officials shall be required to demonstrate before their first promotion after recruitment the ability to work in a third language among those referred to in Article 314 of the EC Treaty. The institutions shall adopt common rules by agreement between them for implementing this paragraph. These rules shall require access to training for officials in a third language and lay down the detailed arrangements for the assessment of officials' ability to work in a third language, in accordance with Article 7(2)(d) of Annex III.

Article 45a1.By way of derogation from Article 5 (3) (b) and (c), an official in function group AST may, from grade 5, be appointed to a post in function group AD, on condition that:(a)he has been selected in accordance with the procedure laid down in paragraph 2 of this Article to take part in a compulsory training programme as set out in point (b) of this paragraph,(b)he has completed a training programme defined by the Appointing Authority comprising a set of compulsory training modules, and(c)he is on the list drawn up by the Appointing Authority of candidates who have passed an oral and written examination demonstrating that he has successfully taken part in the training programme mentioned under point (b) of this paragraph. The contents of this examination shall be determined in accordance with Article 7(2)(c) of Annex III.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 their periodical 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.3.Appointment to a post in function group AD shall not affect the grade and step occupied by the official at the moment of appointment.4.The number of appointments to posts in function group AD as laid down in paragraphs (1) to (3) of this Article shall not exceed 20 % of the total number of appointments made per year in accordance with the second paragraph of Article 30.5.The institutions shall adopt general provisions for giving effect to this Article in accordance with Article 110.

Article 46An official appointed to a higher grade in accordance with Article 45 shall be placed in the initial step in that grade. However, officials in grades AD 9 to AD 13 carrying out the duties of head of unit who are appointed to a higher grade in accordance with Article 45 shall be placed in the second step of the new grade. The same arrangement shall apply to any official:(a)who upon promotion is appointed director or director-general, or(b)who is director or director-general and to whom the last sentence of the second paragraph of Article 44 applies.

CHAPTER 4Termination of service

Article 47Services shall be terminated by:(a)resignation;(b)compulsory resignation;(c)retirement in the interests of the service;(d)dismissal for incompetence;(e)removal from post;(f)retirement; or(g)death.

Section 1RESIGNATION

Article 48An official wishing to resign shall state unequivocally in writing his intention to leave the service of the institution definitively.The appointing authority shall give its decision confirming the definitive resignation within one month of receiving the letter of resignation.The appointing authority may, however, refuse to accept the resignation if disciplinary proceedings against the official are in progress at the date of receipt of the letter of resignation or if such proceedings are started within the following thirty days.Resignation shall take effect on the date specified by the Appointing Authority; that date shall not be more than three months after the date proposed by the official in his letter of resignation in the case of officials in function group AD, and not more than one month in the case of officials in function group AST.

Section 2COMPULSORY RESIGNATION

Article 49An official may be required to resign only where he ceases to fulfil the conditions laid down in Article 28 (a), or in the cases provided for in Articles 13, 39, 40 and 41 (4) and (5) and in the second paragraph of Article 14 of Annex VIII.Reasoned decisions requiring officials to resign shall be taken by the appointing authority after consulting the Joint Committee and hearing the official concerned.

Section 3RETIREMENT IN THE INTERESTS OF THE SERVICE

Article 50A senior official as defined in Article 29(2) may be retired in the interests of the service by decision of the appointing authority.Such retirement shall not constitute a disciplinary measure.An official thus retired who is not assigned to another post in his category or service corresponding to his grade shall receive an allowance calculated in accordance with Annex IV.Income received by the official from any new employment during this period shall be deducted from the allowance provided for in the preceding paragraph if that income and the allowance together exceed the total remuneration last received by the official calculated by reference to the table of salaries applicable on the first day of the month for which the allowance is to be paid.The person concerned shall be required to provide on request written proof and to notify his or her institution of any factor that may affect entitlement to the benefit.The allowance shall not be subject to a correction coefficient.Article 45, third, fourth and fifth paragraphs, of Annex VIII shall apply by analogy.When the official's entitlement to the allowance ceases, he shall be entitled, provided he has attained the age of fifty-five years, to receive payment of pension under Article 9 of Annex VIII.

Section 4PROCEDURES FOR DEALING WITH INCOMPETENCE

Article 511.Each institution shall define procedures to identify, deal with and remedy cases of incompetence in a timely and appropriate fashion. Once these procedures have been exhausted, an official who, on the basis of consecutive periodical reports referred to in Article 43, still proves incompetent in the performance of his duties may be dismissed, downgraded or classified in a lower function group at the same grade or a lower grade.2.Any proposal to dismiss, downgrade or classify an official in a lower function group 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 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.The Appointing Authority shall take a decision within two months of receipt of the Joint Advisory Committee's opinion, after hearing the official. The decision shall be substantiated. It shall indicate the date on which it takes effect.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 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 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 or classified in a lower function group 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, downgrade or classify the official in a lower function group.

Section 5RETIREMENT

Article 52Without prejudice to the provisions of Article 50, an official shall be retired:(a)either automatically on the last day of the month in which he reaches the age of 65, or(b)at his own request on the last day of the month in respect of which the request was submitted where he is at least 63 years of age or where he is between 55 and 63 years of age and satisfies the requirements for immediate payment of a pension in accordance with Article 9 of Annex VIII. The second sentence of the second paragraph of Article 48 shall apply by analogy.However, on an exceptional basis, an official may at his own request and only in the case 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

Article 53An official to whom the Invalidity Committee finds that the provisions of Article 78 apply shall automatically be retired on the last day of the month in which the appointing authority recognizes his permanent incapacity to perform his duties.

Section 6HONORARY RANK

Article 54On termination of service an official may be given an honorary rank in either his grade or the next higher grade, by decision of the appointing authority.No pecuniary benefits shall attach to such honorary rank.

TITLE IVWORKING CONDITIONS OF OFFICIALSCHAPTER 1Hours of work

Article 55Officials in active employment shall at all times be at the disposal of their institution.However, the normal working week shall not exceed 42 hours, the hours of the working day to be determined by the appointing authority. Within the same limits the appointing authority may, after consulting the Staff Committee, determine the hours to be worked by certain groups of officials engaged on particular duties.An official paid from appropriations in the research and investment budget and employed in an establishment of the Joint Research Centre or on indirect action may, moreover, be required because of exigencies of the service or safety rules to remain on standby duty at his place of work or at home outside normal working hours. The institution shall lay down detailed rules for the application of this paragraph after consulting its Staff Committee.

Article 55a1.An official may request authorisation to work part time.The Appointing Authority may grant such authorisation if this is compatible with the interests of the service.2.The official shall be entitled to authorisation in the following cases:(a)to care for a child under 9 years of age,(b)to care for a child aged between 9 and 12, if the reduction in working time is no more than 20 % of normal working time,(c)to care for a seriously ill or disabled spouse, relative in the ascending line, relative in the descending line, brother or sister,(d)to take part in further training, or(e)as of the age of 55 during the last five years before retirement.Where part-time is requested in order to take part in further training, or as of the age of 55, the Appointing Authority may refuse authorisation or postpone its date of effect only in exceptional circumstances and for overriding service-related reasons.Where such entitlement to authorisation is exercised to care for a seriously ill or disabled spouse, relative in the ascending line, relative in the descending line, brother or sister, or to take part in further training, the total of all such periods shall not exceed five years over the official's career.3.The Appointing Authority shall reply to the official's request within 60 days.4.The rules governing part-time work and the procedure for granting authorisation are laid down in Annex IVa.

Article 55bAn official may request authorisation to work half-time in the form of job-sharing in a post identified by the Appointing Authority as appropriate for that purpose. The authorisation to work half-time by job-sharing shall not be limited in time. It may, however, be withdrawn by the Appointing Authority in the interests of the service giving the official six months' notice. Likewise, the Appointing Authority may, on application of the official concerned and giving at least six months' notice, withdraw the authorisation. In this case, the official may be transferred to a different post.Article 59a and, except for the third sentence of paragraph 2, Article 3 of Annex IVa shall apply.The Appointing Authority may lay down detailed rules for the application of this Article.

Article 56An official may not be required to work overtime except in cases of urgency or exceptional pressure of work; night work, and all work on Sundays or public holidays, may be authorised only in accordance with the procedure laid down by the appointing authority. The total overtime which an official may be asked to work shall not exceed 150 hours in any six months.Overtime worked by officials in function group AD, and in function group AST 5 to 11. shall carry no right to compensation or remuneration.As provided in Annex VI, overtime worked by officials in grade 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.

Article 56aAn official paid from appropriations in the research and investment budget and employed in an establishment of the Joint Research Centre or on indirect action who is expected to work regularly at night, on Saturdays, Sundays or public holidays shall, be entitled to special allowances when doing shiftwork which is required by the institution because of the exigencies of the service or safety rules and which is regarded by it as a regular and permanent feature.Acting on a proposal from the Commission submitted after consulting the Staff Regulations Committee, the Council shall determine the categories of officials entitled to such allowances, and the rates and conditions thereof.The normal working hours of an official on shiftwork must not exceed the annual total of normal working hours.

Article 56bAn official paid from appropriations in the research and investment budget and employed in an establishment of the Joint Research Centre oron indirect action shall be entitled to special allowances when required in accordance with a decision taken by the appointing authority because of the exigencies of the service or safety rules to remain on standby duty at his place of work or at home outside normal working hours.The Council, acting on a proposal from the Commission submitted after consulting the Staff Regulations Committee, shall determine the categories of officials entitled to such allowances, the conditions for granting the allowances and also the rates thereof.

Article 56cSpecial allowances may be granted to certain officials to compensate for particularly arduous working conditions.The Council shall, on a proposal from the Commission presented after consulting the Staff Regulations Committee, determine the categories of beneficiaries, and the rates and conditions of such special allowances.

CHAPTER 2Leave

Article 57Officials shall be entitled to annual leave of not less than twenty-four working days nor more than thirty working days per calendar year, in accordance with rules, to be laid down by common accord of the institutions of the Communities, after consulting the Staff Regulations Committee.Apart from this annual leave an official, on application may, exceptionally be granted special leave. The rules relating to granting such leave are laid down in Annex V.

Article 58Pregnant women shall, in addition to the leave provided for in Article 57, be entitled on production of a medical certificate to twenty weeks of leave. The 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 handicapped child, 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.

Article 591.An official who provides evidence of being unable to carry out his duties by reason of illness or accident shall be entitled to sick leave.The official concerned shall notify his institution of his incapacity as soon as possible and at the same time state his current address. He shall produce a medical certificate if he is absent for more than three days. This certificate must be sent on the fifth day of absence at the latest, as evidenced by the date as postmarked. Failing this, and unless failure to send the certificate is due to reasons beyond his control, the official's absence shall be considered as unauthorised.The official may at any time be required to undergo a medical examination arranged by the institution. If the examination cannot take place for reasons attributable to the official, his absence shall be considered as unauthorised as from the date that the examination is due to take place.If the finding made in the examination is that the official is able to carry out his duties, his absence shall, subject to the following subparagraph, be regarded as unjustified from the date of the examination.If the official considers the conclusions of the medical examination arranged by the Appointing Authority to be unjustified on medical grounds, he or a doctor acting on his behalf may within two days submit to the institution a request that the matter be referred to an independent doctor for an opinion.The institution shall immediately transmit the request to another doctor agreed upon by the official's doctor and the institution's medical officer. Failing such agreement within five days of the request, the institution shall select a person from a list of independent doctors to be established for this purpose each year by common consent of the Appointing Authority and the Staff Committee. The official may within two working days object to the institution's choice, whereupon the institution shall choose another person from the list, which choice shall be final.The independent doctor's opinion given after consultation of the official's doctor and the institution's medical officer shall be binding. Where the independent doctor's opinion confirms the conclusion of the examination arranged by the institution, the absence shall be treated as unjustified from the date of that examination. Where the independent doctor's opinion does not confirm the conclusion of that examination, the absence shall be treated for all purposes as having been justified.2.If, over a period of 12 months, an official is absent for up to three days because of sickness for a total of more than 12 days, he shall produce a medical certificate for any further absence because of sickness. His absence shall be considered to be unjustified as from the thirteenth day of absence on account of sickness without a medical certificate.3.Without prejudice to the application of the rules on disciplinary proceedings, where appropriate, any absence considered to be unjustified under paragraphs 1 and 2 shall be deducted from the annual leave of the official concerned. In the event that the official has no outstanding leave entitlement, he shall lose the benefit of his remuneration for the corresponding period.4.The Appointing Authority may refer to the Invalidity Committee the case of any official whose sick leave totals more than 12 months in any period of three years.5.An official may be required to take leave after examination by the institution's medical officer if his state of health so requires or if a member of his household is suffering from a contagious disease.In cases of dispute, the procedure laid down in the fifth to seventh subparagraphs of paragraph 1 shall apply.6.Officials shall undergo a medical check-up every year either by the institution's medical officer or by a medical practitioner chosen by them.In the latter case, the practitioner's fees shall be payable by the institution up to a maximum amount fixed for a period of no more than three years by the Appointing Authority after consulting the Staff Regulations Committee.

Article 59aThe annual leave of an official who is authorised to work part time shall, for as long as he is so authorised, be reduced proportionally.

Article 60Except in case of sickness or accident, an official may not be absent without prior permission from his immediate superior. Without prejudice to any disciplinary measures that may apply, any unauthorised absence which is duly established shall be deducted from the annual leave of the official concerned. If he has used up his annual leave, he shall forfeit his remuneration for an equivalent period.If an official wishes to spend sick leave elsewhere than at the place where he is employed he shall obtain prior permission from the appointing authority.

CHAPTER 3Public holidays

Article 61A list of public holidays shall be drawn up by agreement between the institutions of the Communities after consulting the Staff Regulations Committee.

TITLE VEMOLUMENTS AND SOCIAL SECURITY FOR OFFICIALSCHAPTER 1Remuneration and expensesSection 1REMUNERATION

Article 62In accordance with Annex VII and save as otherwise expressly provided, an official who is duly appointed shall be entitled to the remuneration carried by his grade and step.An official may not waive his entitlement to remuneration.Remuneration shall comprise basic salary, family allowances and other allowances.

Article 63Officials' remuneration shall be expressed in euros. It shall be paid in the currency of the country in which the official performs his duties.Remuneration paid in a currency other than euros shall be calculated on the basis of the exchange rates used for the implementation of the general budget of the European Communities on 1 July 2006.This date shall be changed, at the time of the annual review of remuneration provided for in Article 65, by the Council acting by a qualified majority upon a proposal from the Commission as provided in the first indent of the second subparagraph of Articles 148 (2) of the EEC Treaty and of 118 (2) of the Euratom Treaty.Without prejudice to the application of Articles 64 and 65, the weightings fixed pursuant to these Articles shall, whenever the above date is changed, be adjusted by the Council, which, acting in accordance with the procedure mentioned in the third paragraph, shall correct the effect of the variation in the euro with respect to the rates referred to in the second paragraph.

Article 64An official's remuneration expressed in euros shall, after the compulsory deductions set out in these Staff Regulations or in any implementing regulations have been made, be weighted at a rate above, below or equal to 100%, depending on living conditions in the various places of employment.These weightings shall be adopted by the Council, acting by a qualified majority on a proposal from the Commission as provided in the first indent of the second subparagraph, Articles 148 (2) of the Treaty establishing the European Economic Community and 118 (2) of the Treaty establishing the European Atomic Energy Community. The weighting applicable to the remuneration of officials employed at the provisional seats of the Communities shall be equal to 100% as at 1 January 1962.

Article 651.The Council shall each year review the remuneration of the officials and other servants of the Communities. This review shall take place in September in the light of a joint report by the Commission based on a joint index prepared by the Statistical Office of the European Communities in agreement with the national statistical offices of the Member States; the index shall reflect the situation as at 1 July in each of the countries of the Communities.During this review the Council shall consider whether, as part of economic and social policy of the Communities, remuneration should be adjusted. Particular account shall be taken of any increases in salaries in the public service and the needs of recruitment.2.In the event of a substantial change in the cost of living, the Council shall decide within two months what adjustments shall be made to the weightings, and if appropriate to apply them retrospectively.3.For the purposes of this Article, the Council shall act by a qualified majority on a proposal from the Commission as provided in the first indent of the second subparagraph of Articles 148 (2) of the Treaty establishing the European Economic Community and 118 (2) of the Treaty establishing the European Atomic Energy Community.

Article 65aThe rules for implementing Articles 64 and 65 are set out in Annex XI.

Article 66Basic monthly salaries are for each grade and step as provided in the following Table:

Article 66a1.By way of derogation from Article 3(1) of Regulation (EEC, Euratom, ECSC) No 260/68 of the Council of February 1968 laying down the conditions and procedure for applying the tax for the benefit of the European CommunitiesOJ L 56, 4.3.1968, p. 8. Regulation as last amended by Regulation (EC, Euratom) No 1750/2002 (OJ L 264, 2.10.2002, p. 15), a temporary measure regarding remuneration paid by the Communities to staff in active employment, to be known as the "special levy", shall be applied from 1 May 2004 to 31 December 2012.2.The rate of this special levy, which shall apply to the base defined in paragraph 3, shall be as follows:

from 1.5.2004 to 31.12.2004	2,50 %
from 1.1.2005 to 31.12.2005	2,93 %
from 1.1.2006 to 31.12.2006	3,36 %
from 1.1.2007 to 31.12.2007	3,79 %
from 1.1.2008 to 31.12.2008	4,21 %
from 1.1.2009 to 31.12.2009	4,64 %
from 1.1.2010 to 31.12.2010	5,07 %
from 1.1.2011 to 31.12.2012	5,50 %.

3.(a)The base for the special levy shall be the basic salary used to calculate remuneration, minus:(i)social security and pension contributions and the tax, before special levy, payable by an official in the same grade and step without dependants within the meaning of Article 2 of Annex VII, and(ii)an amount equal to the basic salary of an official in grade 1, step 1.(b)The components used to determine the base for the special levy shall be expressed in euro and weighted at 100.4.The special levy shall be deducted monthly at source; the proceeds shall be entered as revenue in the general budget of the European Union.

Article 671.Family allowances shall comprise:(a)household allowance;(b)dependent child allowances;(c)education allowance.2.Officials in receipt of family allowances specified in this Article shall declare allowances of like nature paid from other sources; such latter allowances shall be deducted from those paid under Articles 1, 2 and 3 of Annex VII.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 is suffering from a mental or physical handicap which involves the official in heavy expenditure.4.Where, by virtue of Articles 1, 2 and 3 of Annex VII, such family allowances are paid to a person other than the official, these allowances shall be paid in the currency of the country in which that person is resident, calculated where applicable on the basis of the exchange rates referred to in the second subparagraph of Article 63. They shall be subject to the weighting for the country in question if it is inside the Communities or to a weighting equal to 100 if the country of residence is outside the Communities.Paragraphs 2 and 3 shall apply where family allowances are paid to such a person.

Article 68The family allowances specified in Article 67 (1) shall continue to be payable where the official is entitled to allowance under Article 41 or under Article 34 or 42 of the former Staff Regulations of the European Coal and Steel Community.The person concerned shall declare allowances of like nature which he receives from other sources for the same child; such allowances shall be deducted from those paid under Articles 1, 2 and 3 of Annex VII.

Article 68aAn official who is authorised to work part time shall be entitled to remuneration calculated as provided for in Annex IVa.

Article 69The expatriation allowance shall be equal to 16% of the total of the basic salary, household allowance and dependent child allowance to which the official is entitled. The expatriation allowance shall be not less than EUR 455,69 per month.

Article 70In the event of an official's death, the surviving spouse or dependent children shall receive the deceased's full remuneration until the end of the third month after the month in which the death occurred.In the event of the death of a person entitled to a pension or invalidity allowance, the above provisions shall apply in respect of the deceased's pension or allowance.

Article 70aOfficials assigned by the appointing authority to teaching duties under the further training andinstruction scheme provided for in the third paragraph of Article 24 may be granted an allowance on the conditions laid down in Article 4b of Annex VII.

Section 2EXPENSES

Article 71An official shall be entitled, as provided in Annex VII, to reimbursement of expenses incurred by him on taking up appointment, transfer, or leaving the service, and also to expenses incurred by him in the course of or in connection with the performance of his duties.

CHAPTER 2Social security benefits

Article 721.An official, his spouse, where such spouse is not eligible for benefits of the same nature and of the same level by virtue of any other legal provision or regulations, his children and other dependants within the meaning of Article 2 of Annex VII are insured against sickness up to 80 % of the expenditure incurred subject to rules drawn up by agreement between the institutions of the Communities after consulting the Staff Regulations Committee. This rate shall be increased to 85 % for the following services: consultations and visits, surgical operations, hospitalization, pharmaceutical products, radiology, analyses, laboratory tests and prostheses on medical prescription with the exception of dental prostheses. It shall be increased to 100 % in cases of tuberculosis, poliomyelitis, cancer, mental illness and other illnesses recognized by the appointing authority as of comparable seriousness, and for early detection screening and in cases of confinement. However, reimbursement at 100 % shall not apply in the case of occupational disease or accident having given rise to the application of Article 73.The unmarried partner of an official shall be treated as the spouse under the sickness insurance scheme, where the first three conditions in Article 1(2)(c) of Annex VII are met.The institutions may, under the rules referred to in the first subparagraph, confer on one of their number the power to lay down the rules governing the reimbursement of expenses in accordance with the procedure laid down in Article 110.One-third of the contribution required to meet such insurance cover shall be charged to the official but so that the amount charged to him shall not exceed 2 % of his basic salary.1a.An official whose service terminates and who provides evidence that he is not in gainful employment may, not later than one month following that in which his service terminates apply to continue, for a maximum of six months after termination of service, to be insured against sickness as provided in paragraph 1. The contribution referred to in the previous paragraph shall be calculated by reference to the last basic salary received by the official, half the contribution being borne by him.By decision of the appointing authority taken after consulting the institution's medical officer, the period of one month for making application and the six months' limit specified in the preceding paragraph shall not apply where the person concerned is suffering from a serious or protracted illness which he contracted before leaving the service and of which he notified the institution before the end of the six months' period specified in the preceding subparagraph, provided that the person concerned undergoes a medical examination arranged by the institution.1b.Where the ex-spouse of an official, a child who ceases to be an official's dependant or a person who ceases to be treated as a dependent child within the meaning of Article 2 of Annex VII to the Staff Regulations can provide evidence that he or she is not in gainful employment, he or she may continue for a maximum of one year to be insured against sickness as provided for in paragraph 1, in his or her capacity as insured persons covered under that official's insurance; this cover shall not give rise to the levy of a contribution. This one-year period shall commence on the date of the decree absolute of divorce or of the loss of status of dependent child or of person treated as a dependent child.2.An official who has remained in the service of the Communities until the age of 63 years or who is in receipt of an invalidity allowance shall be entitled to the benefits provided for in paragraph 1 after he has left the service. The amount of contribution shall be calculated by reference to the amount of pension or allowance.Those benefits shall also apply to the person entitled to survivor's pension following the death of an official who was in active employment or who remained in the service of the Communities until the age of 63 years, or the death of a person entitled to an invalidity allowance. The amount of contribution shall be calculated by reference to the amount of the survivor's pension.2a.The following shall likewise be entitled to the benefits provided for in paragraph 1, on condition that they are not in gainful employment:(i)former officials entitled to retirement pensions who leave the service of the Communities before reaching the age of 63,(ii)persons entitled to a survivor's pension as a result of the death of a former official who left the service of the Communities before reaching the age of 63.The contribution referred to in paragraph 1 shall be calculated by reference to the former official's pension before application, where appropriate, of the reduction coefficient provided for in Article 9 of Annex VIII to the Staff Regulations.However, persons entitled to an orphan's pension shall not receive the benefit provided for in paragraph 1 unless they apply for it. The contribution shall be calculated by reference to the orphan's pension.2b.In the case of persons entitled to a retirement pension or a survivor's pension, the contribution referred to in paragraphs 2 and 2a may not be less than that calculated by reference to the basic salary corresponding to the first step in grade 1.2c.Officials dismissed in accordance with Article 51 and not entitled to a retirement pension shall likewise be entitled to the benefits provided for in paragraph 1, on condition that they are not gainfully employed and that they bear half the contribution calculated by reference to their last basic salary.3.Where the total expenditure not reimbursed for any period of twelve months exceeds half the official's basic monthly salary or pension special reimbursement shall be allowed by the appointing authority, account being taken of the family circumstances of the person concerned, in manner provided in the rules referred to in paragraph 1.4.Persons entitled to the foregoing benefits shall declare the amount of any reimbursements paid or which they can claim under any other sickness insurance scheme provided for by law or regulation for themselves or for persons covered by their insurance.Where the total which they would receive by way of reimbursement exceeds the sum of the reimbursements provided for in paragraph 1, the difference shall be deducted from the amount to be reimbursed pursuant to paragraph 1, with the exception of reimbursements obtained under a private supplementary sickness insurance scheme covering that part of the expenditure which is not reimbursable by the sickness insurance scheme of the Communities.

Article 731.An official is, from the date of his entry into the service, insured against the risk of occupational disease or accidents in the manner provided for in rules drawn up by common agreement of the Institutions of the Communities after consulting the Staff Regulations Committee. He shall contribute to the cost of insuring against non-occupational risks up to 0·1% of his basic salary.Such rules shall specify which risks are not covered.2.The benefits payable shall be as follows:(a)In the event of death:Payment to the persons listed below of a lump sum equal to five times the deceased's annual basic salary calculated by reference to the amounts of salary received during the twelve months before the accident:to the deceased official's spouse and children in accordance with the law of succession governing the official's estate; the amount payable to the spouse shall not, however, be less than 25% of the lump sum;where there are no persons of the category above, to the other descendant in accordance with the law of succession governing the official's estate;where there are no persons of either of the two categories above, to the relatives in the ascending line in accordance with the law of succession governing the official's estate;where there are no persons of any of the three categories above, to the institution.(b)In the event of total permanent invalidity:Payment to the official of a lump sum equal to eight times his annual basic salary calculated on the basis of the amounts of salary received during the twelve months before the accident.(c)In the event of partial permanent invalidity:Payment to the official of a proportion of the sum provided for in subparagraph (b), calculated by reference to the scale laid down in the rules referred to in paragraph 1.As provided in these rules an annuity may be substituted for the payments provided for above.The benefits listed above may be paid in addition to the benefits provided for in Chapter 3.3.The following shall also be covered in the manner provided for in the rules referred to in paragraph 1: medical, pharmaceutical, hospital, surgical, prosthesis, radiography, massage, orthopaedic, clinical and transport expenses and any other similar expenditure incurred as a result of the accident or occupational disease.Reimbursement shall, however, only be made where the amount paid to the officials under Article 72 does not fully cover the expenditure incurred.4.Within the limits of the obligations devolving upon them under Articles 72, 73 and 75, the Communities shall automatically assume the rights of redress of the official or of those entitled under him against the third party responsible for an accident involving the death or injury of an official or a person covered by his insurance.

Article 741.On the birth of a child to an official, the person who has actual care of the child shall receive a grant of EUR 198,31.The same grant shall be paid to an official who adopts a child who is less than five years of age and is a dependant within the meaning of Article 2 (2) of Annex VII.2.This grant shall also be payable in the event of a termination of pregnancy after not less than seven months.3.The recipient of a grant on the birth of a child shall declare any grants of the same nature received from other sources for the same child; such grants shall be deducted from the grant provided for above. Where both parents are officials of the Communities, the grant shall be paid once only.

Article 75In the event of the death of an official, an official's spouse or dependent child, or any other dependent person within the meaning of Article 2 of Annex VII who lived as part of the official's household, the institution shall reimburse the costs involved in transporting the body from the official's place of employment to his place of origin.However, in the event of an official's death during a mission, the institution shall bear the costs involved in transporting the body from the place where death occurs to the official's place of origin.

Article 76Gifts, loans or advances may be made to officials, former officials or where an official has died, to those entitled under him who are in a particularly difficult position as a result of serious or protracted illness or by reason ofa disability or family circumstances.

Article 76aA surviving spouse who has a serious or protracted illness or who is disabled may receive financial aid increasing the pension from the institution for the duration of the illness or disability on the basis of an examination of the social and medical circumstances of the person concerned. Rules implementing this Article shall be fixed by common accord between the institutions, after consulting the Staff Regulations Committee.

CHAPTER 3Pensions and invalidity allowance

Article 77An official who has completed at least ten year's service shall be entitled to a retirement pension. He shall, however, be entitled to such pension, irrespective of length of service, if he is over 63 years, if it has not been possible to reinstate him during a period of non-active status or in the event of retirement in the interests of the service.The maximum retirement pension shall be 70% of the final basic salary carried by the last grade in which the official was classified for at least one year. 1,90 % of this final basic salary shall be payable to an official for each year of service reckoned in accordance with Article 3 of Annex VIII.However, in the case of officials who have been assisting a person holding an office provided for in the Treaties establishing the Communities or the Treaty establishing a Single Council and a Single Commission of the Communities, the elected President of one of the institutions or organs of the Communities or the elected Chairman of one of the political groups in the European Parliament, entitled to pensions corresponding to the years of pensionable service acquired while working in that capacity shall be calculated by reference to the final basic salary received during that time if the basic salary received exceeds that taken as reference for purposes of the second paragraph of this Article.The amount of the retirement pension must not be less than 4% of the minimum subsistence figure per year or service.The pensionable age shall be 63 years.

Article 78An official shall be entitled, in the manner provided for in Articles 13 to 16 of Annex VIII, to an invalidity allowance in the case of total permanent invalidity preventing him from performing the duties corresponding to a post in his function group.Article 52 shall apply by analogy to recipients of an invalidity allowance. If the recipient of an invalidity allowance retires before the age of 65 without having reached the maximum pension entitlement, the general rules on retirement pensions shall be applied. The amount of the retirement pension shall be based on the salary for the grade and step occupied by the official when he became an invalid.The invalidity allowance shall be equal to 70 % of the official's last basic salary. However, it may not be less than the minimum subsistence figure.The invalidity allowance shall be subject to contributions to the pension scheme, calculated on the basis of that allowance.Where the invalidity arises from an accident in the course of or in connection with the performance of an official's duties, from an occupational disease, from a public-spirited act or from risking his life to save another human being, the invalidity allowance may not be less than 120 % of the minimum subsistence figure. In such cases, moreover, contributions to the pension scheme shall be paid in full from the budget of the institution or body referred to in Article 1b.

Article 79The surviving spouse of an official or of a former official shall be entitled in the manner provided in chapter 4 of Annex VIII to a survivor's pension equal to 60% of the retirement or disability pension which was paid to the deceased, or which, irrespective of length of serviceor of age, would have been payable to him if he had qualified for it at the time of his death.The amount of the survivor's pension payable to the surviving spouse of an official who has died while in one of the administrative statuses specified in Article 35, with the exception of leave on personal grounds for the period during which, pursuant to Article 40 (3), no pension rights have been acquired, shall be neither less than the minimum subsistence rate nor less than 35 % of the last basic salary received by the official.This amount shall not be less than 42 % of the final basic salary received by the official where death is due to one of the circumstances set out in the fifth paragraph of Article 78.

Article 79aThe provisions of Article 79 shall apply mutatis mutandis to the widower of an official or of a former official.

Article 80Where an official or person entitled to a retirement pension or invalidity allowance dies leaving no spouse entitled to a survivor's pension, the children dependent on the deceased within the meaning of Article 2 of Annex VII at the time of his death shall be entitled to orphans' pension in accordance with Article 21 of Annex VIII.The same pension entitlement shall apply to children who fulfill the above conditions in the event of the death or remarriage of the spouse in receipt of a survivor's pension.Where an official or person entitled to a retirement pension or invalidity allowance dies but the conditions set out in the first paragraph are not satisfied, the dependent children within the meaning of Article 2 of Annex VII shall be entitled to orphan's pension in accordance with Article 21 of Annex VIII; the pension shall, however, be equal to half the pension calculated in accordance with that Article.For persons treated as dependent children within the meaning of Article 2(4) of Annex VII, the orphan's pension may not exceed an amount equal to twice the dependent child allowance.Where a child has been adopted, the death of the natural parent who has been replaced by the adoptive parent shall not give rise to payment of an orphan's pension.Entitlement as provided for in the first, second and third paragraphs shall apply in the event of the death of a former official entitled to an allowance under Article 50 of the Staff Regulations, Article 5 of Regulation (EEC, Euratom, ECSC) No 259/68, Article 3 of Regulation (Euratom, ECSC, EEC) No 2530/72 or Article 3 of Regulation (ECSC, EEC Euratom) No 1543/73and in the event of the death of a former official who left the service before reaching the age of 63 and requested that his retirement pension be deferred until the first day of the calendar month following that in which he reached the age of 63.Persons in receipt of an orphan's pension may not receive more than one such pension from the Community. Where a surviving child has entitlement to more than one Community pension, he shall receive the pension providing the higher or highest amount.

Article 81A person entitled to a retirement pension or to an invalidity allowance, or to a survivor's pension shall be entitled, under the conditions laid down in Annex VII, to the family allowances specified in Article 67; the household allowance shall be calculated by reference to the pension or the allowance of the recipient. These allowances shall be paid to recipients of a survivor's pension only in respect of the children dependent on the deceased official or former official at the time of death.The amount of the dependent child allowance payable to the person entitled to a survivor's pension shall, however, be twice the amount of the allowance provided for in Article 67 (1) (b).

Article 81a1.Notwithstanding any other provisions, notably those concerning the minimum amounts payable to persons entitled to a survivor's pension, the total amount payable by way of survivor's pension plus family allowances less tax and other compulsory deductions to the widow and other entitled persons may not exceed the following:(a)in the event of the death of an official having one of the administrative statuses set out in Article 35, the amount of the remuneration which the official would have received in the same grade and step if he had still been in the service, plus any family allowances received by him in that case and less tax and other compulsory deductions;(b)for the period following the date on which the official referred to in (a) above would have reached the age of 65, the amount of the retirement pension to which he would have been entitled thereafter, had he been alive, based on the same grade and step at the time of death, plus any family allowances which he would have received, less tax and other compulsory deductions;(c)in the event of the death of a former official entitled to a retirement pension or to an invalidity allowance, the amount of the pension to which he would have been entitled, had he been alive, subject to the allowances and deductions referred to in (b);(d)in the event of the death of a former official who left the service before reaching the age of 63 and requested that his retirement pension be deferred until the first day of the calendar month following that in which he reached the age of 63, the amount of the retirement pension to which he would have been entitled at the age of 63 had he been alive, subject to the allowances and deductions referred to in (b);(e)in the event of the death of an official or a former official entitled, on the day of his death, to an allowance under Article 41 or 50 of these Staff Regulations, Article 5 of Regulation (EEC, Euratom, ECSC) No 259/68, Article 3 of Regulation (Euratom, ECSC, EEC) No 2530/72, Article 3 of Regulation (ECSC, EEC, Euratom) No 1543/73, Article 2 of Regulation (ECSC, EEC, Euratom) No 2150/82 or Article 3 of Regulation (ECSC, EEC, Euratom) No 1679/85, the amount of the allowance to which he would have been entitled, had he been alive, subject to the allowances and deductions set out in (b);(f)for the period following the date on which the former official referred to in (e) would have ceased to be entitled to the allowance, the amount of the retirement pension to which he would have been entitled on that date, had he been alive and satisfied the relevant age requirements for the grant of pension rights, subject to the allowances and deductions set out in (b).2.For the pursposes of paragraph 1, weightings shall be disregarded, which could affect the various amounts in question.3.The maximum amount as defined in subparagraphs (a) to (f) above shall be apportioned among the persons entitled to a survivor's pension in proportion to their respective entitlements, paragraph 1 being disregarded for this purpose.The second, and third subparagraphs of Article 82 (1) shall apply to the amounts thus apportioned.

Article 821.The pensions provided for above shall be calculated by reference to salary scales in force on the first day of the month in which entitlement commences.No correction coefficient shall be applicable to pensions.Pensions expressed in euro shall be paid in one of the currencies referred to in Article 45 of Annex VIII to the Staff Regulations.2.Where the Council, in accordance with Article 65(1), decides to adapt remunerations, the same adaptation shall be applied to pensions.3.The provisions of paragraphs 1 and 2 shall apply by analogy to recipients of an invalidity allowance.

Article 831.Benefits paid under this pension scheme shall be charged to the budget of the Communities. Member States shall jointly guarantee payment of such benefits in accordance with the scale laid down for financing such expenditure.The employment of the funds for the pension scheme referred to in Article 83 (1) of the former Staff Regulations of the European Coal and Steel Community shall be decided upon by the Council acting by a qualified majority on a proposal from the Commission after consulting the Staff Regulations Committee.2.Officials shall contribute one third of the cost of this pension scheme. The contribution shall be 10,25 % of the official's basic salary, the weightings provided for in Article 64 not being taken into account. It shall be deducted monthly from the salary of officials.The contribution shall be adjusted in accordance with the rules laid down in Annex XII.3.The procedure for calculation of the pensions of officials who have spent part of their service with the European Coal and Steel Community or who belong to the institutions or organs common to the Communities, and the apportionment of the cost of such award between the European Coal and Steel Community pension fund and the budgets of the European Economic Community and the European Atomic Energy Community shall be settled by a Regulation made by agreement between the Councils and the Committee of Presidents of the European Coal and Steel Community, after consulting the Staff Regulations Committee.4.Should an actuarial assessment of the pension scheme, carried out by one or more qualified experts at the request of the Council, show the contributions of officials to be insufficient to finance one third of the benefits payable under the pension scheme, the budgetary authorities shall, in accordance with the budgetary procedure and after receiving an opinion from the Staff Regulations Committee provided for in Article 10 determine what changes are to be made in the rates of contributions or to the retirement age.

Article 83a1.The scheme shall be kept in balance in accordance with the detailed rules set out in Annex XII.2.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.3.On the occasion of the five-yearly actuarial assessment in accordance with Annex XII and in order to ensure the balance of the scheme, the Council shall decide on the rate of contribution and any change to the pensionable age.4.Each year the Commission shall present to the Council an updated version of the actuarial assessment, in accordance with Article 1(2) of Annex XII. Where it is shown that there is a gap of at least 0,25 points between the rate of contribution currently applied and the rate required to maintain actuarial balance, the Council shall consider whether the rate should be adapted, in accordance with the arrangements laid down in Annex XII.5.For the purposes of paragraphs 3 and 4 of this Article, the Council shall act by a qualified majority on a proposal from the Commission as provided for in the first indent of Article 205(2) of the EC Treaty. For the purposes of paragraph 3, the Commission's proposal shall be presented after consultation of the Staff Regulations Committee.

Article 84Detailed rules governing the foregoing pension scheme are contained in Annex VIII.

CHAPTER 4Recovery of overpayments

Article 85Any sum overpaid shall be recovered if the recipient was aware that there was no due reason for the payment or if the fact of the overpayment was patently such that he could not have been unaware of it.The request for recovery must be made no later than five years from the date on which the sum was paid. Where the Appointing Authority is able to establish that the recipient deliberately misled the administration with a view to obtaining the sum concerned, the request for recovery shall not be invalidated even if this period has elapsed.

CHAPTER 5Subrogation in favour of the communities

Article 85a1.Where the death, accidental injury or sickness of a person covered by these Staff Regulations is caused by a third party, the Communities shall, in respect of the obligations incumbent upon them under the Staff Regulations consequent upon the event causing such death, injury or sickness, stand subrogated to the rights, including rights of action, of the victim or of those entitled under him against the third party.2.The subrogation provided for by paragraph 1 shall extend inter alia to the following:continued payment of remuneration in accordance with Article 59 to the official during the period when he is temporarily unfit to work,payments effected in accordance with Article 70 following the death of an official or of a former official entitled to a pension,benefits paid under Articles 72 and 73 and their implementing rules, relating to insurance against sickness and accident,payment of the costs involved in transporting the body, as referred to in Article 75,supplementary family allowances paid in accordance with Article 67 (3) and with Article 2 (3) and (5) of Annex VII in respect of a dependent child suffering from serious illness, infirmity or handicap,invalidity allowances paid in the event of accident or sickness resulting in permanent invalidity preventing the official from performing his duties,survivor's pensions paid in the event of the death of an official or of a former official or the death of the spouse of an official or of a former official entitled to a pension, where the spouse is not an official nor a member of the temporary staff,orphan's pensions paid regardless of age to the child of an official or former official where that child is prevented by serious illness, infirmity or handicap from earning a livelihood after the death of the person on whom he was dependent.3.However, the Communities shall not be subrogated to rights of compensation in respect of purely personal damage such as non-material injury, damages for pain and suffering or compensation for disfigurement and loss of amenity over and above the allowance granted for those headings under Article 73.4.The provisions of paragraphs 1, 2 and 3 may not be a bar to direct action by the Communities.

TITLE VIDISCIPLINARY MEASURES

Article 861.Any failure by an official or former official to comply with his obligations under these Staff Regulations, whether intentionally or through negligence on his part, shall make him liable to disciplinary action.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 verify whether such failure has occurred.3.Disciplinary rules, procedures and measures and the rules and procedures covering administrative investigations are laid down in Annex IX.

Article 87The appointing authority shall have the right to issue a written warning or a reprimand without consulting the Disciplinary Board, on a proposal from the official's immediate superior or on its own initiative.The official concerned shall be heard before such action is taken.Other measures shall be ordered by the appointing authority after the disciplinary procedure provided in Annex IX has been completed. This procedure shall be initiated by the appointing authority after hearing the official concerned.

Article 88Where an allegation of serious misconduct is made against an official by the appointing authority, whether this amounts to failure to carry out his official duties or to a breach of law, the authority may order that he be suspended forthwith.The decision that an official be suspended shall specify whether he is to continue to receive his remuneration during the period of suspension or what part thereof is to be withheld; the part withheld shall not be more than half the official's basic salary.A final decision shall be taken within four months from the date when the decision that an official be suspended came into force. Where no decision has been taken at the end of four months, the official shall again receive his full remuneration.Where no disciplinary action has been taken in respect of an official other than a written warning, a reprimand or deferment of advancement to a higher step has been ordered, or if no final decision has been taken within the period specified in the preceding paragraph, the official concerned shall be entitled to reimbursement of the amount of remuneration withheld.Where, however, the official is prosecuted for those same acts, a final decision shall be taken only after a final verdict has been reached by the court hearing the case.

Article 89An official against whom a disciplinary measure other than removal from post has been ordered may, after three years in the case of a warning or a reprimand or after six years in the case of any other measure, submit a request for the deletion from his personal file of all reference to such measure.The appointing authority shall, after consulting the Disciplinary Board in cases where the Board has taken part in the disciplinary procedure, decide whether to grant the official's request; if it decides to do so, the file as constituted following such deletion, shall be communicated to him.

TITLE VIIAPPEALS

Article 901.Any person to whom these Staff Regulations apply may submit to the appointing authority, a request that it take a decision relating to him. The authority shall notify the person concerned of its reasoned decision within four months from the date on which the request was made. If at the end of that period no reply to the request has been received, this shall be deemed to constitute an implied decision rejecting it, against which a complaint may be lodged in accordance with the following paragraph.2.Any person to whom these Staff Regulations apply may submit to the appointing authority a complaint against an act affecting him adversely, either where the said authority has taken a decision or where it has failed to adopt a measure prescribed by the Staff Regulations. The complaint must be lodged within three months. The period shall start to run:on the date of publication of the act if it is a measure of a general nature;on the date of notification of the decision to the person concerned, but in no case later than the date on which the latter received such notification, if the measure affects a specified person; if, however, an act affecting a specified person is such as to affect adversely another person, the period shall start to run in respect of that other person on the date on which he receives notification thereof but in no case later than the date of publication;on the date of expiry of the period prescribed for reply where the complaint concerns an implied decision rejecting a request as provided in paragraph 1.The authority shall notify the person concerned of its reasoned decision within four months from the date on which the complaint was lodged. If at the end of that period no reply to the complaint has been received, this shall be deemed to constitute an implied decision rejecting it, against which an appeal may be lodged under Article 91.3.A request or complaint by an official shall be submitted through his immediate superior, except where it concerns that person, in which case it may be submitted direct to the authority next above.

Article 90aAny person to whom these Staff Regulations apply may submit to the Director of OLAF a request within the meaning of Article 90(1), asking the Director to take a decision relating to him in connection with investigations by OLAF. Such person may also submit to the Director of OLAF a complaint within the meaning of Article 90(2) against an act adversely affecting him in connection with investigations by OLAF.

Article 90bAny person to whom these Staff Regulations apply may submit to the European Data Protection Supervisor a request or a complaint within the meaning of Article 90(1) and (2), within his sphere of competence.

Article 90cRequests and complaints relating to the areas to which Article 2(2) has been applied shall be lodged with the Appointing Authority entrusted with the exercise of powers.

Article 911.The Court of Justice of the European Communities shall have jurisdiction in any dispute between the Communities and any person to whom these Staff Regulations apply regarding the legality of an act affecting such person adversely within the meaning of Article 90(2). In disputes of a financial character the Court of Justice shall have unlimited jurisdiction.2.An appeal to the Court of Justice of the European Communities shall lie only if:the appointing authority has previously had a complaint submitted to it pursuant to Article 90 (2) within the period prescribed therein, andthe complaint has been rejected by express decision or by implied decision.3.Appeals under paragraph 2 shall be filed within three months. The period shall begin:on the date of notification of the decision taken in response to the complaint;on the date of expiry of the period prescribed for the reply where the appeal is against an implied decision rejecting a complaint submitted pursuant to Article 90 (2); nevertheless, where a complaint is rejected by express decision after being rejected by implied decision but before the period for lodging an appeal has expired, the period for lodging the appeal shall start to run afresh.4.By way of derogation from paragraph 2, the person concerned may, after submitting a complaint to the appointing authority pursuant to Article 90 (2), immediately file an appeal with the Court of Justice, provided that such appeal is accompanied by an application either for a stay of execution of the contested act or for the adoption of interim measures. The proceedings in the principal action before the Court of Justice shall then be suspended until such time as an express or implied decision rejecting the complaint is taken.5.Appeals under this Article shall be investigated and heard as provided in the Rules of Procedure of the Court of Justice of the European Communities.

Article 91aAny appeals relating to the areas in which Article 2(2) has been applied shall be made against the institution to which the Appointing Authority entrusted with the exercise of powers is answerable.

TITLE VIIISPECIAL PROVISIONS APPLICABLE TO OFFICIALS IN THE SCIENTIFIC OR TECHNICAL SERVICES OF THE JOINT NUCLEAR RESEARCH CENTRE OF THE COMMUNITIES

Article 92This Title lays down the special provisions applicable to officials of the Communities who occupy posts paid from appropriations in the research and investment budget and classified in accordance with Annex I, point A.

Article 93Special allowances may be granted to certain officials covered by Article 92 to compensate for particularly arduous working conditions.The Council shall, on a proposal from the Commission, determine the rates and conditions of such special allowances and the staff who shall receive them.

Article 94By way of derogation from the second paragraph of Article 56a and the second paragraph of Article 56b, and only in exceptional cases because of the requirements of the service, safety regulations or national or international obligations, the Appointing Authority shall designate the officials covered by Article 92 who shall be entitled to benefit from the provisions of these Articles.

Article 95Until 31 December 1968 and by way of derogation from Articles 31 and 32, officials covered by Article 92 may be appointed to a grade above the starting grade for the post for which they are recruited and may be classified, as regards not more than half of the posts to be filled, to a step other than those mentioned in Article 32.For the period following that date the Council shall, on a proposal from the Commission, lay down the definitive provisions to govern the recruitment of such persons.

Article 96By way of derogation from Article 34 (1), the probationary period may last from three to six months for officials covered by Article 92 who belong to Category C or D.

Article 971.By way of derogation from Article 44, the appointing authority may award officials covered by Article 92 an additional advance in step in recognition of exceptional merit; the number of officials in each category awarded the advance in any one year shall not exceed one-eighth of the total staff in that category.The advance may be granted only once in each grade.The advance shall not give an official a basic salary higher than that for the highest step in his grade.2.By way of derogation from Article 44, an official covered by Article 92 whose competence, output or conduct is unsatisfactory may, by decision of the appointing authority, have his advancement in step deferred for not more than two years, without it being necessary to follow the procedure laid down in Article 87.3.This Article shall not apply to officials covered by Article 92 who are in Grade A1 or A 2.

Article 98Further to Article 34, any official covered by Article 92 may on completion of his period of probation have his original classification changed.Article 45 (2) shall not apply to officials covered by Article 92.So that the appointing authority may promote the most deserving of the officials covered by Article 92, exceptions not exceeding one year may in properly circumstantiated exceptional cases, be made as regards the length of service laid down in the second subparagraph of Article 45 (1). An official shall not benefit from the provisions of this paragraph more than once in any period of five years.

Article 99The appointing authority may award officials covered by Article 92 a bonus for exceptional service; this shall not, exceed three times the amount of the basic monthly salary for any one year save where derogation is made by the Council on a proposal from the Commission.Aggregate bonus awards for exceptional service shall not exceed 3% of the total basic salaries payable annually to all the scientific and technical staff covered by Article 92.The Commission shall each year decide on the amount of the bonus and the persons to whom it shall be awarded and shall present a report to the Council on the number and amount of the bonuses awarded, giving a breakdown by grade and service and the main reasons for the awards.

Article 100Special allowances may be granted to certain of the officials covered by Article 92 to compensate for particularly arduous working conditions.The Council shall, on a proposal from the Commission, determine the rates and conditions of such special allowances and the persons who shall receive them.

Article 101By way of derogation from the second paragraph of Article 56, and in exceptional cases only, overtime worked by certain of the officials covered by Article 92 who belong to Category B may entitle them to compensation or remuneration as provided in Annex VI.The appointing authority shall designate the posts the holders of which shall be entitled to benefit from the provisions of this Article.

TITLE VIIIaSPECIAL AND EXCEPTIONAL PROVISIONS APPLICABLE TO OFFICIALS SERVING IN A THIRD COUNTRY

Article 101 aWithout prejudice to the other provisions of the Staff Regulation, Annex X lays down the special and exceptional provisions applicable to officials serving in a third country.

TITLE IXTRANSITIONAL AND FINAL PROVISIONSCHAPTER 1Transitional provisions

Article 1021.A servant of the Communities who is occupying a permanent post in one of the institutions of the Communities when these Staff Regulations enter into force may, by decision of the appointing authority, be established in the grade and at the step and in the scale of remuneration laid down by these Staff Regulations corresponding to the grade and step expressly or impliedly accorded to him before these Staff Regulations were applied to him, subject to any decisions which may be taken by agreement between the Councils of the European Economic Community and the European Atomic Energy Community for standardising practice in regard to career brackets and the criteria to be used in grading, provided that:as regards every such servant, he satisfies the requirements of Article 28 (a), (b), (c), (e) and (f)as regards every such servant, save those in Grade A 1 and A 2:(a)he has been in the service of one of the institutions of the Communities for more than six months when these Staff Regulations enter into force; a servant of the Communities who does not satisfy this requirement may be appointed for a probationary period and be established as an official as provided in Article 34;(b)have not been the subject of any unfavourable report by the Establishment Board provided for in the following subparagraph.Upon the entry into force of these Staff Regulations there shall be set up in each institution an Establishment Board consisting of servants of the institution employed in a supervisory capacity, who shall be appointed thereto by the appointing authority.This Board shall advise the appointing authority as to the suitability for the duties of their posts of those servants of the institution who are eligible for establishment under the above provisions, with the exception of those in Grade A 1 or A 2; this shall be done on the basis of a report, on the official's ability, efficiency and conduct in the service, prepared by his superiors.2.The contract of any such servant on whom the Establishment Board reports unfavourably shall be terminated. The appointing authority may, however, offer such person establishment in a lower grade and at a lower step in the scale of remuneration laid down by these Staff Regulations than those attained whether expressly or impliedly accorded him previously. A servant whose contract is terminated shall receive compensation as provided for in the last subparagraph of Article 34 (2).3.Any servant of the Communities employed as such when these Staff Regulations enter into force, who has not been expressly or impliedly assigned a grade and step before these Staff Regulations are applied to him, shall be assigned such grade and step within one year of the date on which these Staff Regulations enter into force by the appointing authority which may, where appropriate, derogate from Article 32.4.By way of derogation from paragraph 1,(a)an official whose post comes under Category D in the table shown in Annex I shall be classified in the grade for his post and at the step within that grade for which the basic salary, less Community tax and the official's contribution to the pension scheme, is equal to, or else directly below, the sum of the basic salary plus local allowance, less contribution to the temporary joint provident scheme of the institutions of the Communities, which he was receiving when these Staff Regulations entered into force;(b)an official in the Language Service shall be classified in the grade for his post and, at the step within that grade directly above the step at which he would have been classified in accordance with paragraph 1.5.The provisions of Chapter 1 of Title VIII of the Staff Regulations of Officials of the European Coal and Steel Community shall apply to a servant who, before these Staff Regulations entered into force was an established official of the European Coal and Steel Community and has been granted leave on personal grounds in one of the institutions of that Community in order to enter the service of an institution of the European Economic Community or of the European Atomic Energy Community, in respect of the grade and step in which he is established in accordance with paragraphs 1 to 4 above, provided this does not confer on him advantages greater than those he would have enjoyed if he had been established in the same grade under the Staff Regulations of Officials of the European Coal and Steel Community.

Article 103An official shall retain the seniority accrued since he entered the service of the Communities. He shall also retain, in the grade and at the step assigned to him, the seniority accrued in the grade and at the step expressly or impliedly accorded to him before these Staff Regulations were applied to him.

Article 104Application of these Staff Regulations to an official pursuant to these transitional provisions, an official shall entail that he renounce the terms of his existing contract.Such renunciation shall be made in writing.No official shall be penalised as a result of such renunciation as regards reimbursement to him of past or current expenses.

Article 1051.An official whose net remuneration is reduced by reason of the application of these Staff Regulations shall receive a compensatory allowance.2.This allowance, calculated monthly, shall be equal to the difference between:the total obtained, after deduction of staff contribution to the pension scheme, by combiningthe basic salary,the local allowance andthe separation allowanceto which the official would have been entitled under the former scale of remuneration, in respect of the first month during which these Staff regulations are applied, withthe head of household allowance andthe dependent child allowancewhich the official would have received under the former scale of remuneration in respect of the first month during which these Staff Regulations are in force if at that time his circumstances as to dependants had been the same as during the month in question; andthe total obtained, after deduction of Community tax and pension contribution, by combiningthe basic salary,the household allowance,the dependent child allowance, andthe expatriation allowancepayable to the official for the month in question under these Staff Regulations; when calculating the compensatory allowance for officials covered by Article 106, no account shall be taken of the separation allowance.3.The compensatory allowance shall cease not later than six years after these Staff Regulations are applied.

Article 106Any official in receipt of a separation allowance before these Staff Regulations were applied who does not qualify for an expatriation allowance under Article 4 of Annex VII shall be allowed the same amount as that which he would have received by way of separation allowance under the scale of remuneration existing before these Staff Regulations entered into force. Such amount shall not in future be varied for any reason whatever, save where the official qualifies for an expatriation allowance by satisfying the requirements therefore.

Article 1071.An official to whom these Staff Regulations have been applied in accordance with these transitional provisions and who furnishes evidence of having been obliged by reason of his entering the service of one of the Communities to forfeit in whole or in part the pension rights which have accrued to him in his country of origin and of being unable to obtain the actuarial equivalent of such rights shall be credited, for the purposes of his retirement pension in the Communities and without payment of arrears of contributions, with annual contributions, with annual contributions corresponding to the number of years of pensionable service accrued in his country of origin.2.The number of years of pensionable service thus credited shall be determined by the appointing authority of the institution to which the official belongs after receiving the opinion of the Staff Regulations Committee provided for in Article 10. It shall not exceed:the number of years of actual service which it will be possible for the official to complete up to the age of sixty-five years.half the number of years of service which upon his attaining the age of sixty-five years would be required for him to complete thirty-three years of pensionable service.3.An official to whom the foregoing provisions apply shall pay to the Communities a proportion of the sums paid to him in settlement of his pension rights in his country of origin which do not correspond to the actuarial equivalent of those rights; that proportion should be equal to the ratio between the number of years pensionable service with which he is credited by the Communities and the number of years of pensionable service forfeited by him in his country of origin.4.Save in the event of death or where Article 41 and 50 is applied, an official who leaves before the age of sixty-five years shall not be so credited.5.On the death of an official to whom the provisions of the preceding paragraphs apply, the total number of years of pensionable service with which he would have been credited if he had attained the age of sixty-five years shall be credited forthwith to those entitled under him for purposes of calculation of their pension rights.6.An official to whom the provisions of the preceding paragraphs apply shall, if affected by either of the measures in Articles 41 and 40 be credited upon starting to draw retirement pension with a proportion of the number of years of pensionable service with which he would have been credited if he had attained the age of sixty-five years. That proportion shall be equal to the ratio between the number of years of pensionable service reckoned in calculating his pension rights and the number of years of pensionable service which he could have earned up to the age of sixty-five years.

Article 107aTransitional provisions are set out in Annex XIII.

Article 108During a period of fifteen months from the date when these Staff Regulations enter into force, vacancies or newly-created posts may be filled by the promotion of officials who do not fulfil the conditions laid down in Article 45.No official shall be promoted under the above provision more than once in such period of fifteen months.

Article 109Until such time as the Staff Committee is constituted, which must be not later than 1 July 1963, the functions of that Committee shall be exercised by the Interim Staff Committee elected by the persons who were in the employ of the Community before the Staff Regulations entered into force.The functions of the Staff Regulations Committee shall during the same period be exercised by an Interim Staff Regulations Committee, consisting of one representative appointed by the Interim Staff Committee of each institution and one representative appointed by each institution.

CHAPTER 2Final provisions

Article 1101.The general provisions for giving effect to these Staff Regulations shall be adopted by each institution after consulting its Staff Committee and the Staff Regulations Committee. Agencies shall adopt the appropriate implementing rules for giving effect to these Staff Regulations, after consultation of the relevant Staff Committee and in agreement with the Commission.2.For the purposes of the adoption of rules by agreement between the institutions, agencies shall not be treated as institutions. However, the Commission shall consult the agencies before the adoption of these rules.3.All such general provisions and all rules adopted by agreement between the institutions shall be brought to the attention of the staff.4.The administration departments of the institutions shall consult each other regularly concerning the application of these Staff Regulations. Agencies shall be jointly represented in these consultations in accordance with rules to be fixed by agreement between them.

CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS OF THE COMMUNITIESTITLE IGENERAL PROVISIONS

Article 1These Conditions of Employment shall apply to servants engaged under contract by the Communities. Such servants shall be:temporary staff,auxiliary staffuntil the date set out in Article 52,contract staff,local staff,special advisers.establishment staff of the Joint Nuclear Research Centre of the European Atomic Energy Community.Any reference in these Conditions of Employment to a person of the male sex shall be deemed also to constitute a reference to a person of the female sex, and vice-versa, unless the context clearly indicates otherwise.

Article 2For the purposes of these Conditions of Employment, "temporary staff" means:(a)staff engaged to fill a post which is included in the list of posts appended to the section of the budget relating to each institution and which the budgetary authorities have classified as temporary;(b)staff engaged to fill temporarily a permanent post included in the list of posts appended to the section of the budget relating to each institution;(c)staff, other than officials of the Communities, engaged to assist either a person holding an office provided for in the Treaties establishing the Communitiesor the Treaty establishing a Single Council and a Single Commission of the European Communities, or the elected President of one of the institutions or organs of the Communities, 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;(d)Staff engaged to fill temporarily a permanent post paid from research and investment appropriations and included in the list of posts appended to the budget relating to the institution concerned.

Article 3For the purposes of these Conditions of Employment, "auxiliary staff" means:(a)staff engaged, within the limits set in Article 52, for the performance of full-time or part-time duties in an institution but not assigned to a post included in the list of posts appended to the section of the budget relating to that institution;(b)staff engaged, after the possibilities of temporary posting of officials within the institution have been examined, to replace certain persons who are unable for the time being to perform their duties, namely:officials or temporary staff in the assistants' function group (AST);exceptionally, officials or temporary staff in the administrators function group (AD), other than senior staff (Directors-General or their equivalent in grades AD 16 or AD 15 and Directors or their equivalent in grades AD 15 or AD 14), occupying a highly specialised post;such staff are paid from the total appropriations for the purpose under the section of the budget relating to the institution.

Article 3a1.For the purposes of these Conditions of Employment, "contract staff" means staff not assigned to a post included in the list of posts appended to the section of the budget relating to the institution concerned and engaged for the performance of full-time or part-time duties:(a)in an institution to carry out manual or administrative support service tasks,(b)in the agencies referred to in Article 1a(2) of the Staff Regulations,(c)in other entities inside the European Union created, after consultation of the Staff Regulations Committee, by specific legal act issued by one or more institutions allowing for the use of such staff,(d)in Representations and Delegations of Community institutions,(e)in other entities situated outside the European Union.2.The Commission shall, on the basis of information provided by all institutions, submit a report to the budgetary authority each year on the employment of contract staff, which shall state whether the overall number of such members of the contract staff has remained within a limit of 75 % of all employees in agencies, in other entities inside the European Union, in Representations and Delegations of Community institutions and in other entities situated outside the European Union respectively. If this limit has not been respected, the Commission shall propose to the agencies, the other entities inside the European Union, Representations and Delegations of Community institutions or other entities situated outside the European Union respectively, to take the appropriate corrective measures.

Article 3bFor the purposes of these Conditions of Employment, "contract staff for auxiliary tasks" means staff engaged in an institution within the time limits set in Article 88 in one of the function groups referred to in Article 89:(a)to perform full-time or part-time duties others than those referred to in Article 3a(1)(a), without being assigned to a post included in the list of posts appended to the section of the budget relating to the institution concerned,(b)to replace, after the possibilities of temporary posting of officials within the institution have been examined, certain persons who are unable for the time being to perform their duties, namely:(i)officials or temporary staff in the function group AST;(ii)exceptionally, officials or temporary staff in the function group AD occupying a highly specialised post, except Heads of Unit, Directors, Directors General and equivalent functions.The use of contract staff for auxiliary tasks is excluded where Article 3a applies.

Article 4For the purposes of these Conditions of Employment, "local staff" means staff engaged in places outside the European Union according to local practice for manual or service duties, assigned to a post not included in the list of posts appended to the section of the budget relating to each institution and paid from the total appropriations for the purpose under that section of the budget. Staff engaged in places of employment situated outside the European Union for duties other than those mentioned above which, in the interests of the service, could not be assigned to an official or servant having another capacity within the meaning of Article 1, shall also be regarded as local staff.

Article 5For the purposes of these Conditions of Employment, "special adviser" means a person who, by reason of his special qualifications and notwithstanding gainful employment in some other capacity, is engaged to assist one of the institutions of the Communities either regularly or for a specified period and who is paid from the total appropriations for the purpose under the section of the budget relating to the institution which he serves.

Article 6Each institution shall determine who shall be authorised to conclude the contracts referred to in Article 1.Article 1a(2), Article 1b and Article 2(2) of the Staff Regulations shall apply by analogy.

Article 7A servant whose contract is for more than one year or for an indefinite period shall be entitled to vote in elections and stand for election to the Staff Committee provided for in Article 9 of the Staff Regulations.A servant whose contract is for less than one year shall also be entitled to vote if he has been employed for at least six months.The Joint Committee provided for in Article 9 of the Staff Regulations may be consulted by the institution or by the Staff Committee on questions of a general nature relating to servants to whom Article 1 applies.

Article 7aArticle 24b of the Staff Regulations shall apply to the servants referred to in Article 1.

TITLE IITEMPORARY STAFFCHAPTER 1General provisions

Article 8Temporary staff to whom Article 2(a) applies may be engaged for a fixed or indefinite period. The contracts of such staff who are engaged for a fixed period may be renewed not more than once for a fixed period. Any further renewal shall be for an indefinite period.Temporary staff to whom Article 2(b) or (d) applies shall not be engaged for more than four years but their engagement may be limited to any shorter duration. Their contracts may be renewed not more than once for a maximum period of two years if the possibility of renewal has been provided for in the initial contract and within the limits provided for in that contract. At the end of that time, they shall no longer be employed as temporary staff under these provisions. On the expiry of their contracts, such servants may be assigned to established posts in the institutions only if they are appointed as officials in accordance with the Staff Regulations.Temporary staff to whom Article 2(c) applies shall be engaged for an indefinite period.

Article 9Temporary staff shall not be engaged for any purpose other than that of filling, in accordance with this Title, vacant posts included in the list of posts appended to the section of the budget relating to each institution.

Article 9aThe Commission shall provide a yearly report on the use of temporary staff including numbers of staff, level and type of posts, geographical balance and budgetary resources per function group.

Article 10Articles 1d, 1e, 5(1), (2), (3) and (4), and Article 7 of the Staff Regulations shall apply by analogy.The grade and step at which temporary staff are engaged shall be stated in their contract.Assignment of temporary staff to a post carrying a higher grade than that at which they were engaged shall be recorded in an agreement supplementary to their contract of service.Title VIII of the Staff Regulations shall apply by analogy to temporary staff paid from appropriations for research and investment in the general budget of the European Union. Title VIIIa of the Staff Regulations shall apply by analogy to temporary staff serving in a third country.

CHAPTER 2Rights and obligations

Article 11The provisions of Articles 11 to 26 of the Staff Regulations, concerning the rights and obligations of officials, shall apply by analogy. However, where a member of the temporary staff holds a contract for a fixed period, the duration of leave on personal grounds referred to in the second paragraph of Article 15 of the Staff Regulations shall be limited to the remainder of the term of the contract.Any decision requiring damage suffered by the Communities as a result of serious misconduct to be made good, as provided in Article 22 of the Staff Regulations, shall be taken by the authority referred to in the first paragraph of Article 6 after observing the formalities provided for in cases of dismissal for serious misconduct.Decisions relating to individual members of the temporary staff shall be published as provided in the second paragraph of Article 25 of the Staff Regulations.

CHAPTER 3Conditions of engagement

Article 121.The engagement of temporary staff shall be directed to securing for the institution the services of persons of the highest standard of ability, efficiency and integrity, recruited on the broadest possible geographical basis from among nationals of Member States of the Communities.Temporary staff shall be selected without distinction as to race, political, philosophical or religious beliefs, sex or sexual orientation and without reference to their marital status or family situation.2.A member of the temporary staff may be engaged only on condition that:(a)he is a national of one of the Member States of the Communities, unless an exception is authorised by the authority referred to in the first paragraph of Article 6, and enjoys his full rights as a citizen;(b)he has fulfilled any obligations imposed on him by the laws concerning military service;(c)he produces the appropriate character references as to his suitability for the performance of his duties;(d)he is physically fit to perform his duties; and(e)he produces evidence of a thorough knowledge of one of the languages of the Communities and of a satisfactory knowledge of another language of the Communities to the extent necessary for the performance of his duties.3.The European Communities Personnel Selection Office (hereinafter "the Office") shall, at their request, provide assistance to the different institutions with a view to the selection of temporary staff, in particular by defining the contents of the tests and organising the selection procedures. The Office shall ensure the transparency of selection procedures for temporary staff engaged under Article 2(a), (b) and (d).4.At the request of an institution the Office shall, in selection procedures organised for the engagement of temporary staff, ensure the application of the same standards as for the selection of officials.5.Each institution shall adopt general provisions on the procedures for recruitment of temporary staff in accordance with Article 110 of the Staff Regulations, as necessary.

Article 13Before being engaged, a member of the temporary staff shall be medically examined by one of the institution's medical officers in order that the institution may be satisfied that he fulfils the requirements of Article 12 (2) (d).Article 33 of the Staff Regulations shall apply by analogy.

Article 14A member of the temporary staff may be required to serve a probationary period not exceeding six months.Where during his probationary period a member of the temporary staff is prevented, by sickness oraccident, from performing his duties for one month or more, the authority authorized to conclude the contract of engagement may extend his probationary period by the corresponding length of time.Not less than one month before the expiry of the probationary period, a report shall be made on the ability of the member of the temporary staff to perform the duties pertaining to his post and also on his conduct and efficiency in the service. The report shall be communicated to the person concerned, who shall have the right to submit his comments in writing. A member of the temporary staff whose work has not proved adequate to justify retention in his post shall be dismissed. However, the authority referred to in the first paragraph of Article 6 may, in exceptional circumstances, extend the probationary period for a maximum of six months, and possibly assign the member of the temporary staff to another department.A report on the probationary member of temporary staff may be made at any time during the probationary period if his work is proving obviously inadequate. The report shall be communicated to the person concerned, who shall have the right to submit his comments in writing. On the basis of the report, the authority authorized to conclude contracts of engagement may decide to dismiss the member of the temporary staff before the end of the probationary period by giving him one month's notice; the period of service may not, however, exceed the normal probationary period.A dismissed member of the temporary staff shall be entitled to compensation equal to one-third of his basic salary per month of probation completed.

Article 151.Temporary staff shall be graded initially in accordance with Article 32 of the Staff Regulations.Where a member of the temporary staff is assigned to a post corresponding to a higher grade, as provided in the third paragraph of Article 10, his grading shall be determined in accordance with Article 46 of the Staff Regulations. 2.The provisions of Article 43 of the Staff Regulations, concerning reports, shall apply by analogy to servants within the meaning of Article 2 (a), (c) and (d).

CHAPTER 4Working conditions

Article 16Articles 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.The paid sick leave provided for in Article 59 of the Staff Regulations shall not, however, exceed three months or the length of time worked by the member of the temporary staff, where the latter is longer. The leave shall not extend beyond the term of his contract.On expiry of these time limits, a servant whose contract is not terminated, notwithstanding that he is unable to resume his duties, shall be placed on unpaid leave.However, where a servant contracts an occupational disease or sustains an accident in the performance of his duties, he shall continue to receive his full remuneration throughout the period during which he is incapable of working until such time as he is awarded an invalidity pension under Article 33.

Article 17In exceptional circumstances a member of the temporary staff may at his own request be granted unpaid leave on compelling personal grounds. The authority referred to in the first paragraph of Article 6 shall determine the length of such leave, which shall not exceed one-quarter of the length of time already worked by the servant or:three months if the servant's seniority is less than four years;twelve months in all other cases.Any period of leave granted in accordance with the preceding paragraph shall not count for purposes of the application of the third paragraph of Article 20.While a member of the temporary staff is on unpaid leave his membership of the social security scheme provided for in Article 28 shall be suspended.However, a member of the temporary staff who is not gainfully employed may, not later than one month following that in which unpaid leave begins, apply to continue to be covered against the risks referred to in Article 28, provided that he bears half the cost of the contributions provided for in that Article for the duration of his leave; the contributions shall be calculated by reference to his last basic salary.Moreover, a member of the temporary staff to whom Article 2 (c) or (d) applies who proves that he cannot acquire pension rights under another pension scheme may apply to continue to acquire further pension rights throughout the period of unpaid leave, provided that he bears the cost of a contribution equal to three times the rate laid down in Article 41; the contributions shall becalculated by reference to the basic salary for his grade and step.

Article 18A member of the temporary staff who is called up for military service, alternative services or reserve training or who is recalled to serve in the armed forces shall be assigned leave for national service; for temporary staff engaged for a fixed period such leave may in no circumstances exceed the duration of the contract.A member of the temporary staff who is called up for military service or alternative service shall cease to receive his remuneration but shall retain his right under these conditions of employment to advancement to a higher step. He shall also retain his right to retirement pension if, after completing his military service or alternative service, he pays up his pension contributions retroactively.A member of the temporary staff who is called up for reserve training or who is recalled to service in the armed forces shall, during the period of training or recall, continue to receive his remuneration subject to deduction of an amount equal to his service pay.

CHAPTER 5Remuneration and expenses

Article 19The remuneration of temporary staff shall comprise basic salary, family allowances and other allowances.

Article 201.Articles 63, 64, 65 and 65a of the Staff Regulations, concerning the currency in which remuneration is to be expressed and adjustments to such remuneration, shall apply by analogy.2.Articles 66, 67, 69 and 70 of the Staff Regulations, concerning basic salaries, family allowances, expatriation allowance and payment in the event of death, shall apply by analogy.3.The provisions of Article 66a of the Staff Regulations on the special levy shall apply by analogy to temporary staff.4.A member of temporary staff who has been at one step in his grade for two years shall automatically advance to the next step in that grade.

Article 21Articles 1, 2, 3 and 4 of Annex VII to the Staff Regulations, concerning payment of family allowances and expatriation allowance, shall apply by analogy.

Article 22Subject to Articles 23 to 26, a member of the temporary staff shall be entitled, in accordance with Articles 5 to 15 of Annex VII to the Staff Regulations, to reimbursement of expenses incurred by him on taking up appointment, transfer or leaving the service, and also to reimbursement of expenses incurred in the course of or in connection with the performance of his duties.

Article 23A member of the temporary staff engaged for a fixed period of not less than twelve months, or deemed by the authority referred to in the first paragraph of Article 6 to be engaged for an equivalent period if his contract is for an indefinite period, shall, as provided in Article 9 of Annex VII to the Staff Regulations, be entitled to reimbursement of his removal expenses.

Article 241.A member of the temporary staff engaged for a fixed period of not less than one year, or deemed by the authority referred to in the first paragraph of Article 6 to be engaged for an equivalent period if his contract is for an indefinite period, shall receive an installation allowance as provided in Article 5 of Annex VII to the Staff Regulations amounting, for an expected period of service of:

not less than one year but less than two years, to one-third	of the rate laid down in Article 5 of Annex VII to the Staff Regulations
not less than two years but less than three years, to two-thirds
three years or more, to three-thirds

2.The resettlement allowance provided for in Article 6 of Annex VII to the Staff Regulations shall be granted to temporary staff who have completed four years' service. A servant who has completed more than one year's but less than four years' service shall receive a resettlement allowance proportionate to his length of service, incomplete years being disregarded.3.However, the installation allowance provided for in paragraph 1 and the resettlement allowance provided for in paragraph 2 shall not be less than:EUR 1005,33 for a servant who is entitled to the household allowance,EUR 597,77 for a servant who is not entitled to the household allowance.In cases where a husband and wife who are officials or other servants of the Communities are both entitled to the settlement allowance or resettlement allowance, this shall be payable only to the person whose basic salary is the higher.

Article 25Article 10 of Annex VII to the Staff Regulations, concerning the daily subsistence allowance, shall apply.However, a member of the temporary staff who is engaged for a fixed period of less than 12 months, or who is deemed by the authority referred to in the first paragraph of Article 6 to be engaged for an equivalent period if his contract is for an indefinite period, and who furnishes evidence that it is impossible for him to continue to live in his place of residence shall be entitled to the daily subsistence allowance for the duration of his contract or for a maximum of one year.

Article 26Article 8 of Annex VII to the Staff Regulations, concerning annual payment of travel expenses from place of employment to place of origin, shall apply only to temporary staff who have completed not less than nine months' service.

Article 27Articles 16 and 17 of Annex VII to the Staff Regulations, concerning payment of sums due, shall apply by analogy.

CHAPTER 6Social security benefitsSection ASICKNESS AND ACCIDENT INSURANCE, SOCIAL SECURITY BENEFITS

Article 28Articles 72 and 73 of the Staff Regulations, concerning sickness and accident cover, shall apply by analogy to temporary staff during the period of employment, during sick leave and during the periods of unpaid leave referred to in Articles 11 and 17 in accordance with the conditions laid down therein; Article 72 of the Staff Regulations, concerning sickness cover, shall apply by analogy to temporary staff in receipt of invalidity allowance and to recipients of a survivor's pension.Article 72 shall also apply to staff referred to in Article 39 (2) who are in receipt of a retirement pension.If, however, the medical examination provided for in Article 13 show the servant to be suffering from sickness or invalidity, the authority referred to in the first paragraph of Article 6 may decide that expenses arising from such sickness or invalidity are to be excluded from the reimbursement of expenditure provided for in Article 72 of the Staff Regulations.If a member of the temporary staff proves that he cannot obtain cover under any other sickness insurance scheme provided for by law or regulation, he may, on application made at the latest within one month following the expiry of his contract, continue to benefit from the sickness cover provided for in the first paragraph, for a period of not more than six months after the expiry of his contract. The contributions provided for in Article 72 (1) of the Staff Regulations shall be based on his last basic salary and half thereof shall be charged to him.The appointing authority may, after obtaining the advice of the institution's medical officer, decide that the one-month time limit within which the application must be made and the six-month limit provided for in the preceding paragraph shall not apply where the person concerned is suffering from a serious or protracted illness contracted during his employment, which he has reported to the institution before the end of the six-month period provided for in the preceding paragraph, on condition that the person concerned undergoes a medical examination arranged by the institution.

Article 28a1.A former member of the temporary staff who is unemployed when his service with an institution of the European Communities has been terminated:who is not in receipt of a retirement or invalidity pension from the European Communities,whose service is not terminated by resignation or by cancellation of the contract for disciplinary reasons,who has completed a minimum of six months' service,and who is resident in a Member State of the Communities,shall be eligible for a monthly unemployment allowance under the conditions laid down below.Where he is entitled to unemployment benefits under a national scheme, he shall be obliged to declare this to the institution to which he belonged, which shall immediately inform the Commission thereof. In such cases, the amount of those benefits will be deducted from the allowance paid under paragraph 3.2.To be eligible for this unemployment allowance, a former member of the temporary staff shall:(a)be registered, at his own request, as seeking employment with the employment authorities of the Member State in which he establishes his residence;(b)fulfil the obligations laid down by the law of that Member State for persons in receipt of unemployment benefits under that law;(c)forward every month to the institution to which he belonged, which shall immediately forward it to the Commission, a certificate issued by the competent national employment authority stating whether or not he has fulfilled the obligations and conditions referred to in (a) and (b).The allowance may be granted or maintained by the Community, even where the national obligations referred to under (b) have not been fulfilled, in cases of illness, accident, maternity, invalidity or a situation recognized as being similar or where the national authority, competent to meet those obligations, has given a dispensation.The Commission shall, after obtaining the opinion of a Committee of experts, lay down such provisions as it deems necessary for applying this Article.3.The unemployment allowance shall be set by reference to the basic salary attained by the former member of the temporary staff at the time of the termination of his service. The allowance shall be set at:(a)60 % of the basic salary for an initial period of 12 months,(b)45 % of the basic salary for the 13th to the 24th month,(c)30 % of the basic salary for the 25th to the 36th month.Other than during an initial six-month period, in which the lower limit specified below is applicable but the upper limit is not, the amounts thus calculated may neither be less than EUR 1205,67 nor exceed EUR 2411,35. These limits shall be adjusted, in the same way as the salary scales set out in Article 66 of the Staff Regulations, in accordance with Article 65 of the Staff Regulations.4.The period during which the unemployment allowance is payable to a former member of the temporary staff may not be more than 36 months from the date of termination of service and shall in no case exceed the equivalent of one third of the actual length of service completed. However, if, during that period, the former member of the temporary staff ceases to fulfil the conditions laid down in paragraphs 1 and 2, payment of the unemployment allowance shall be suspended. Payment shall resume if, before the expiry of that period, the former member of the temporary staff again fulfils the said conditions and is not entitled to national unemployment benefit.5.A former member of the temporary staff who is eligible for the unemployment allowance shall be entitled to the family allowances provided for in Article 67 of the Staff Regulations. The household allowance shall be calculated on the basis of the unemployment allowance under the conditions laid down in Article 1 of Annex VII to the Staff Regulations.The person concerned shall be obliged to declare any allowances of the same kind paid from other sources to himself or to his spouse; such allowances shall be deducted from those to be paid on the basis of this Article.A former member of the temporary staff who is eligible for the unemployment allowance shall be entitled, as provided for in Article 72 of the Staff Regulations, to insurance cover against sickness without having to make any contribution.6.The unemployment allowance and the family allowances shall be paid by the Commission in euro. No correction coefficient shall be applicable.7.Members of the temporary staff shall contribute one third of the financing of the unemployment insurance scheme. That contribution shall be set at 0,81 % of the basic salary of the person concerned after deducting a standard allowance of EUR 1096,07 and without taking account of the correction coefficients provided for in Article 64 of the Staff Regulations. The contribution shall be deducted each month from the salary of the person concerned and paid, together with the remaining two thirds to be borne by the institution, into a Special Unemployment Fund. This Fund shall be common to the institutions and the latter shall pay their contributions to the Commission each month, no later than eight days after the payment of remunerations. All expenditure under this Article shall be authorised and paid by the Commission in accordance with the provisions of the Financial Regulation governing the general budget of the European Union.8.The unemployment allowances paid to a former member of the temporary staff who is unemployed shall be subject to Regulation (EEC, Euratom, ECSC) No 260/68 laying down the conditions and procedure for applying the tax for the benefit of the European Communities.9.The national departments with responsibility for employment and unemployment, acting in accordance with their national legislation, and the Commission shall cooperate with each other in a effective manner in order to ensure that this Article is properly applied.10.The detailed arrangements for applying this Article shall be the subject of rules laid down by mutual agreement between the Institutions of the Communities, after obtraining the opinion of the Staff Regulations Committee, without prejudice to the provisions of the final subparagraph of paragraph 2.11.One year after the introduction of this unemployment insurance scheme and every two years thereafter, the Commission shall present the Council with a report on the financial situation of the scheme. Independently of this report, the Commission may present to the Council proposals for adjusting the contributions provided for in paragraph 7 if this is necessary in the interests of the balance of the scheme. The Council shall act on the proposals in accordance with paragraph 3.

Article 29Article 74 of the Staff Regulations, concerning the birth grant, and Article 75 of the Staff Regulations, concerning the assumption of liability by the institution for the costs referred to therein, shall apply by analogy.

Article 30Article 76 of the Staff Regulations, concerning gifts, loans or advances, shall apply by analogy to temporary staff during the term of their contract or after expiry of the contract where, as a result of serious illness contractedor a disability, or of an accident sustained, during his employment, the servant is incapable of working and proves that such illness or accident is not covered by another social security scheme.

Section BINSURANCE AGAINST INVALIDITY AND DEATH

Article 31Temporary staff are insured in accordance with the following provisions against the risk of death and of invalidity occurring during their employment.The payments and benefits provided for in this Section shall be suspended if the remuneration which a member of the Staff receives in respect of his employment is suspended pursuant to these Conditions of Employment.

Article 32Where the medical examination made before a servant is engaged shows that he is suffering from sickness or invalidity, the authority referred to in the first paragraph of Article 6 may, in so far as risks arising from such sickness or invalidity are concerned, decide to admit him to guaranteed benefits in respect of invalidity or death only after a period of five years from the date of his entering the service of the institution.The servant may appeal against this decision to the Invalidity Committee provided for in Article 4 (1) of the Staff Regulations.

Article 331.A servant who is suffering from total invalidity and who, for that reason, is obliged to suspend employment with the institution shall be entitled, for as long as the invalidity lasts, to an invalidity allowance, the amount of which shall be determined as follows.Article 52 of the Staff Regulations shall apply by analogy to recipients of an invalidity allowance. If the recipient of an invalidity allowance retires before the age of 65 without having reached the maximum pension entitlement, the general rules on retirement pensions shall be applied. The amount of the retirement pension shall be based on the salary for the grade and step occupied by the servant when he became an invalid.The invalidity allowance shall be 70 % of the final basic salary of the member of the temporary staff. However, it shall not be less than the minimum subsistence figure, as defined in Article 6 of Annex VIII to the Staff Regulations. The invalidity allowance shall be subject to contributions to the pension scheme, calculated on the basis of that allowance.Where the invalidity of the servant arises from an accident in the course of or in connection with the performance of his duties, from an occupational disease, from a public-spirited act or from risking life and limb to save another human being, the invalidity allowance shall not be less than 120 % of the minimum subsistence figure. In such cases the pension contributions shall be borne by the budget of the former employer.In the case of invalidity deliberately brought about by the servant, the authority referred to in the first paragraph of Article 6 may decide that he should receive only the grant provided for in Article 39.Persons entitled to an invalidity allowance shall also be entitled to the family allowances provided for in Article 67 of the Staff Regulations in accordance with Annex VII to the Staff Regulations; the household allowance shall be determined on the basis of the recipient's allowance.2.Invalidity shall be established by the Invalidity Committee provided for in Article 9 of the Staff Regulations.3.The institution referred to in Article 40 of Annex VIII to the Staff Regulations may require periodic examinations of the recipient of an invalidity allowance to establish that he still fulfils the conditions for payment of that allowance. If the Invalidity Committee finds that these conditions are no longer fulfilled, the servant shall resume service with the institution, providing his contract has not expired.However, if it proves impossible to employ the person concerned in the service of the Communities, the contract may be terminated subject to payment of an amount corresponding to the remuneration that would have been paid during the period of notice and, where applicable, to the compensation for termination of contract provided for in Article 47. Article 39 shall also apply.

Article 34The persons entitled under a deceased servant, as defined in Chapter 4 of Annex VIII to the Staff Regulations, shall be entitled to the survivor's pension as provided in Articles 35 to 38. The grant provided for in Article 39 shall also be paid to them.Where a servant dies leaving no survivors who are entitled to draw the survivor's pension, his heirs shall be entitled to payment of the grant provided for in Article 39.Where a former servantin receipt of an invalidity allowance or a former servant within the meaning of Article 2 (a), (c) or (d) who was in receipt of a retirement pension or who left the service before reaching the age of 63 years and requested that his retirement pension be deferred until the first day of the calender month following that during which he reached the age of 63 years dies, the persons entitled under the deceased servant, as defined in Chapter 4 of Annex VIII to the Staff Regulations, shall be entitled to the survivor's pension as provided in that Annex.Where the whereabouts of a member of the temporary staff, or of a former member of temporary staff in receipt of an invalidityallowance or retirement pension, or of a former member of temporary staff who left the service before he reached the age of 63 and who has requested that his retirement pension be deferred until the first day of the calender month following that in which he reaches the age of 63 are unknown for more than one year, the provisions of Chapters 5 and 6 of Annex VIII to the Staff Regulations dealing with provisional pensions shall apply by analogy to his spouse and to persons recognized as his dependants.

Article 35The right to receive payment of pension shall have effect from the first day of the month following that in which death occurred or, where applicable, on the first day of the month following the period which the deceased's surviving spouse, orphans or dependants receive his emoluments under Article 70 of the Staff Regulations.

Article 36The surviving spouse of a servant shall be entitled to a survivor's pension in accordance with Chapter 4 of Annex VIII to the Staff Regulations. The pension shall be not less than 35 % of the final basic monthly salary received by the servant, nor less than the minimum subsistance figure defined in Article 6 of Annex VIII to the Staff Regulations. Where a servant within the meaning of Article 2 (a), (c) or (d) dies, the amount of the survivor's pension shall be increased to 60 % of the retirement pension which the servant would have been paid if he had qualified, irrespective of length of service or of age, for such pension at the time of his death.A person drawing survivor's pension shall be entitled, under the conditions laid down in Annex VII to the Staff Regulations, to the family allowances specified in Article 67 of the Staff Regulations. However, the dependent child allowance shall be equal to twice the amount of the allowance provided for in Article 67 (1) (b) of the Staff Regulations.A pension calculated in accordance with the two preceding paragraphs may be granted by special decision of the institution which employed the servant to the husband of a deceased female servant provided he satisfies the requirements of Article 23 of Annex VIII to the Staff Regulations.

Article 37Where a servant or person entitled to a retirement pension or invalidity allowance dies leaving no spouse entitled to a survivor's pension, the children deemed to be dependent on him at the time of death shall be entitled to an orphan's pension in accordance with Article 80 of the Staff Regulations.The same entitlement shall apply to children who fulfil the foregoing conditions in the event of death or remarriage of a spouse who is entitled to a survivor's pension.Where a servant or a person entitled to a retirement pension or invalidity allowance dies but the conditions set out in the first paragraph are not satisfied, the provisions of the third paragraph of Article 80 of the Staff Regulations shall apply.In the event of the death of a former member of the temporary staff within the meaning of Article 2(a), (c) or (d) who leaves the service before reaching 63 years of age and requests that his retirement pension be deferred until the first day of the calendar month following that in which he reaches 63 years of age, children deemed to be his dependants in accordance with Article 2 of Annex VII to the Staff Regulations shall be entitled to an orphan's pension on the same terms as those set out in the preceding paragraphs.The orphan's pension of a person treated as a dependent child as defined in Article 2(4) of Annex VII to the Staff Regulations may not exceed twice the dependent child allowance.No orphan's pension shall be payable where a natural parent who has been replaced by an adoptive parent dies.Orphans shall be entitled to an education allowance in accordance with Article 3 of Annex VII to the Staff Regulations.

Article 38In the case of divorce or where there is more than one category of survivor who qualifies to claim a survivor's pension, such pension shall be apportioned in manner provided in Chapter 4 of Annex VIII to the Staff Regulations.

Article 38aThe rules relating to ceilings and apportionment set out in Article 81 a of the Staff Regulations shall apply by analogy.

Section CRETIREMENT PENSION AND SEVERANCE GRANT

Article 391.On leaving the service, a servant within the meaning of Article 2 shall be entitled to a retirement pension, transfer of the actuarial equivalent or the payment of the severance grant in accordance with Chapter 3 of Title V of, and Annex VIII to, the Staff Regulations. Where the servant is entitled to a retirement pension his pension rights shall be reduced in proportion to the amounts paid under Article 42.Article 9(2) of Annex VIII to the Staff Regulations 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.2.Article 11(2) and (3) of Annex VIII of the Staff Regulations shall be applied by analogy to servants within the meaning of Article 2 of these Conditions of Employment.3.A person who becomes entitled to a retirement pension shall be entitled to the family allowances provided for in Article 67 of the Staff Regulations. The percentage component of the household allowance shall be calculated on the basis of the recipient's pension.

Article 40If a servant is appointed an official of the Communities, he shall not receive the grant provided for in the first paragraph of Article 39.Any period of service on the temporary staff of the Communities shall be taken into account for the purpose of calculating years of pensionable service as provided in Annex VIII to the Staff Regulations.Where a servant has exercised the option provided for in Article 42, his retirement pension rights shall be reduced proportionately in respect of the period in which the sums were withdrawn.The preceding paragraph shall not apply to a servant who, in the three months following application of the Staff Regulations to him, asks to be allowed to repay such sums plus compound interest at the rate of 3,9 % per year, which may be revised following the procedure laid down in Article 12 of Annex XII to the Staff Regulations.

Section DFUNDING OF THE INVALIDITY AND LIFE ASSURANCE SCHEME AND OF THE PENSION SCHEME

Article 41As regards the funding of the social security scheme provided for in section B and C, the provisions of Article 83and Article 83a of the Staff Regulations and of Articles 36 and 38 of Annex VIII thereto shall apply by analogy.

Article 42In accordance with conditions to be laid down by the institution, a servant may request the institution to effect any payments which he is required to make in order to constitute or maintain pension rights in his country of origin.Such payments shall not exceed twice the rate provided for in Article 83(2) of the Staff Regulations and shall be charged to the budget of the Communities.

Section ESETTLEMENT OF CLAIMS BY TEMPORARY STAFF

Article 43Articles 40 to 44 of Annex VIII to the Staff Regulations shall apply by analogy.

Section FPAYMENT OF BENEFITS

Article 44Articles 81a and 82 of the Staff Regulations and Article 45 of Annex VIII to the Staff Regulations, concerning the payment of benefits, shall apply by analogy.Any sums due from a member of the temporary staff to the Communities under this insurance scheme at the date when the benefits are payable shall be deducted from the amount of his benefit or from the benefits payable to those entitled under him in a manner to be determined by the institution referred to in Article 45 of Annex VIII to the Staff Regulations. The deduction may be spread over a number of months.

Section GSUBROGATION IN FAVOUR OF THE COMMUNITIES

Article 44aThe provisions of Article 85a of the Staff Regulations, relating to subrogation in favour of the Communities shall apply by analogy.

CHAPTER 7Recovery of overpayments

Article 45Article 85 of the Staff Regulations, concerning the recovery of overpayments, shall apply.

CHAPTER 8Appeals

Article 46Title VII of the Staff Regulations, concerning appeals, shall apply by analogy.

CHAPTER 9Termination of employment

Article 47Apart from cessation on death, the employment of temporary staff shall cease:(a)at the end of the month in which the servant reaches the age of 65 years; 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 maternity leave or sick leave, provided such sick leave does not exceed three months. It shall, moreover, be suspended during 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 maternity leave or sick leave, provided such sick leave does not exceed three months. It shall, moreover, be suspended during 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.

Article 48Employment, whether for a fixed or for an indefinite period, may be terminated by the institution without notice:(a)during or at the end of the probationary period in accordance with Article 14;(b)if the servant ceases to satisfy the requirements of Article 12 (2) (a) and (d); however, if the servant ceases to satisfy the requirements of Article 12 (2) (d), his contract may be terminated only in accordance with Article 33;(b)if the servant 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 this basic salary, plus family allowances at the rate of two days per month of service completed.

Article 49 1.After the disciplinary procedure provided for in Annex IX to the Staff Regulations, which shall apply by analogy, has been followed, employment may be terminated without notice on disciplinary grounds in serious cases of intentional or negligent failure of temporary staff to comply with their obligations. A reasoned decision shall be taken by the authority referred to in the first paragraph of Article 6, after the servant concerned has been given an opportunity of submitting his defence.Before his employment is teminated, a member of temporary staff may be suspended, in accordance with Articles 23 and 24 of Annex IX to the Staff Regulations, which shall apply by analogy.2.Where employment is terminated in accordance with paragraph 1, the authority referred to in the first paragraph of Article 6 may decide:(a)to limit the severance grant provided for in Article 39 to repayment of the contribution provided for in Article 83 of the Staff Regulations, plus compound interest at the rate of 3·5% per annum;(b)to withhold in whole or in part the resettlement allowance provided for in Article 24 (2).

Article 501.The employment of a member of the temporary staff shall be terminated by the institution without notice if the authority referred to in the first paragraph of Article 6 finds:(a)that at the time of his engagement he deliberately furnished false information as to either his professional ability or the requirements of Article 12 (2); and(b)that the false information furnished was a determining factor in his being engaged. 2.In such cases the authority referred to in the first paragraph of Article 6 shall, after hearing the servant concerned, and after the disciplinary procedure provided for in Annex IX to the Staff Regulations, which shall apply by analogy, has been followed, declare that his employment is terminated.Before his employment is terminated, a member of temporary staff may be suspended in accordance with Articles 23 and 24 of Annex IX to the Staff Regulations, which shall apply by analogy.The provisions of Article 49 (2) shall apply.

Article 50aWithout prejudice to Articles 49 and 50, any intentional or negligent failure by a member of the temporary staff or of a former member of the temporary staff to comply with his obligations under these conditions of employment shall render him liable to disciplinary action in accordance with Title VI of the Staff Regulations and where applicable Annex IX to the Staff Regulations, the provisions of which shall apply by analogy.

TITLE IIIAUXILIARY STAFFCHAPTER 1General provisions

Article 51The contracts of auxiliary staff shall be concluded for a fixed period; they shall be renewable.

Article 52The actual period of employment of auxiliary staff, including any period of renewal, shall not exceed three years or extend beyond 31 December 2007. No new auxiliary staff may be engaged after 31 December 2006.

Article 53Auxiliary staff shall be divided into four categories, subdivided into groups corresponding to the duties to be performed.Within each group, auxiliary staff shall be graded in four classes. This grading shall take account of the qualifications and experience of the persons concerned.The basic posts and corresponding groups are as shown in the following table:

Cat.	Group	Post
A	I	Researcher with a high degree of experience in one or more fields;Experienced reviser of translations;Interpreter with special experience.
	II	Researcher with some degree of experience;Reviser of translations;Experienced translator or interpreter;
	III	Researcher;Translator or interpreter.
B	IV	Staff doing difficult work (drafting, correcting, bookkeeping or of a technical nature);
	V	Staff doing simple work (drafting, bookkeeping or of a technical nature).
C	VI	Experienced secretary;Experienced office worker;
	VII	Secretary, typist or telephonist;Office worker.
D	VIII	Skilled worker;Usher or chauffeur;
	IX	Unskilled worker, messenger.

Article 1d of the Staff Regulations concerning equality of treatment for officials shall apply by analogy.

CHAPTER 2Rights and obligations

Article 54Articles 11 to 25 of the Staff Regulations, concerning the rights and obligations of officials, shall apply by analogy, save for Article 13, concerning gainful employment on the part of a spouse, Article 15, concerning officials who are candidates for elective public office, the third paragraph of Article 23, concerning laissez-passer, and the second paragraph of Article 25, concerning publication of decisions relating to specific individuals.A decision requiring damage suffered by the Communities as a result of serious misconduct to be made good, as provided in Article 22 of the Staff Regulations, shall be taken by the authority referred to in the first paragraph of Article 6 after observing the formalities provided for in cases of dismissal for serious misconduct.

CHAPTER 3Conditions of engagement

Article 551.A member of the auxiliary staff may be engaged only on condition that:(a)he is a national of one of the Member States of the Communities, unless an exception is authorised by the authority referred to in the first paragraph of Article 6, and enjoys his full rights as a citizen;(b)he has fulfilled any obligations imposed on him by the laws concerning military service;(c)he produces the appropriate character references as to his suitability for the performance of his duties; and(d)he is physically fit to perform his duties.2.The authority referred to in the first paragraph of Article 6 may waive the requirement that the person concerned should produce documentary evidence that he fulfills these conditions where his engagement is for not more than three months.

Article 56The contract of a member of the auxiliary staff shall specify in particular:(a)the duration of the contract;(b)the date when he is to take up employment;(c)the nature of his work;(d)his grading;(e)the place where he is to be employed.

CHAPTER 4Working conditions

Article 57Articles 55 to 56b of the Staff Regulations, concerning hours of work, overtime, shiftwork, standby duty at place of work or at home, shall apply by analogyexcept Article 55a(2)(d) and (e).

Article 58Auxilary staff shall be entitled to paid leave at the rate of two working days per month of service; any period of less than fifteen days' or half a month's service shall carry no leave entitlement.Where it has not been possible, owing to the requirements of the service, for a member of the auxiliary staff to be given leave as provided in the preceding paragraph during his employment, any days of leave not taken shall be paid for as extra days worked.In addition to such leave, a member of the auxiliary staff may, in exceptional circumstances and at his own request, be granted special leave in accordance with rules laid down by the institution on the basis of the principles set out in Article 57 of the Staff Regulations and in Article 6 of Annex V to the Staff Regulations.

Article 59Article 16, concerning sick leave, shall apply to auxiliary staff.Paid sick leave shall not, however, exceed one month or the length of time worked by a member of the auxiliary staff, where the latter period is longer. Article 58 of the Staff Regulations, concerning maternity leave, shall apply by analogy.

Article 60Articles 60 and 61 of the Staff Regulations, concerning unauthorised absence and public holidays, shall apply by analogy.

CHAPTER 5Remuneration and expenses

Article 61The remuneration of auxiliary staff shall comprise basic salary, family allowances and other allowances.Auxiliary staff shall remain throughout the term of their contract in the salary class specified in their contract.

Article 62Auxiliary staff shall be paid by the day or by the month.In the case of auxiliary staff paid by the days, only days actually worked shall be paid.

Article 63The basic salary scale is determined as provided in the following Table:

Article 63aThe provisions of Article 66a of the Staff Regulations shall apply by analogy.

Article 64Articles 63, 64 and 65 of the Staff Regulations, concerning the currency in which remuneration is to be expressed and adjustments to such remuneration, shall apply by analogy.

Article 65With the exception of Article 67(1)(c), Article 67 and Article 69 of the Staff Regulations and Articles 1, 2 and 4 of Annex VII to the Staff Regulations, concerning the payment of family and expatriation allowances, shall apply by analogy.

Article 66Where a servant is paid by the day, the remuneration due for each day's work payable shall be one twentieth of the monthly remuneration. Remuneration shall be paid at the end of the current week.

Article 67Articles 7, 11, 12, 13 and 13a of Annex VII to the Staff Regulations, concerning the reimbursement of travel expenses and mission expenses, and the granting of housing and transport allowances, shall apply by analogy.

Article 68In the case of servants paid by the month, the remuneration shall be paid no later than the last working day of the month.Where remuneration is not due in respect of a complete month, the amount shall be divided into 30ths, and(a)where the actual number of days payable is 15 or less, the number of 30ths due shall equal the actual number of days payable;(b)where the actual number of days payable is more than 15, the number of 30ths due shall equal the difference between the actual number of days not payable and 30.Where entitlement to family allowances and the expatriation allowance commences after the date of entering the service, servants shall receive them from the first day of the month in which such entitlement commences. On cessation of such entitlement, servants shall receive them up to the last day of the month in which entitlement ceases.

Article 69A member of the auxiliary staff who furnishes evidence that he cannot continue to reside at his former address shall be entitled for not more than one year to the daily subsistence allowance provided for in Article 10 of Annex VII to the Staff Regulations.

CHAPTER 6Social security benefits

Article 701.So that auxiliary staff are insured against sickness, accident, invalidity, unemployment and death and can build up a retirement pension, they shall be affiliated to a compulsory social security scheme, preferably that of the country to whose scheme they were last affiliated or that of their country of origin.The institution shall be responsible for the employer's contributions required under the legislation in force where the servant is compulsorily affiliated to such a social securityor unemployment insurance scheme, or for two thirds of the servant's contributions where he remains voluntarily affiliated to the national social security scheme of which he was a member before he entered the service of the Communities or where he voluntarily joins a national social security scheme.2.Where it is not possible to apply the provisions of paragraph 1, auxiliary staff shall be insured against sickness, accident, invalidity and death and for the provision of a retirement pension, at the expense of the institution which employs them, up to the amount of two thirds of the contribution as in paragraph 1. Provisions for applying the foregoing shall be laid down by agreement between the institutions after consulting the Staff Regulations Committee provided for in Article 10 of the Staff Regulations.

Article 71Article 76 of the Staff Regulations, concerning gifts, loans or advances, shall apply by analogy to auxiliary staff during the term of their contract.

CHAPTER 7Recovery of overpayments

Article 72Article 85 of the Staff Regulations, concerning the recovery of overpayments, shall apply.

CHAPTER 8Appeals

Article 73Title VII of the Staff Regulations, concerning appeals, shall apply by analogy.

CHAPTER 9Termination of employment

Article 74Apart from cessation on death, the employment of auxiliary staff shall cease:(a)on the date stated in the contract;(b)at the end of the month in which the servant reaches the age of 65 years;(c)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. The period of notice shall not, however, commence to run during maternity leave or sick leave, provided such sick leave does not exceed three months. It shall, moreover, be suspended during 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;(d)where the servant no longer satisfies the conditions laid down in Article 55(1), 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 point (c) of this Article shall apply.

Article 75The employment of auxiliary staff, whether for a fixed or for an indefinite period:1.shall be terminated by the institution without notice if the servant is called to serve in the armed forces:2.may be terminated by the institution without notice:(a)if the servant is recalled to service in the armed forces and his duties under his contract with the institution were such that there is no prospect of re-employing him in his former capacity when his period of service is over. In such case the servant shall receive an allowance equal to his basic salary plus family allowances at the rate of two days for each completed month of service;(b)if the servant is elected to public office and the authority referred to in the first paragraph of Article 6 considers such public office to be incompatible with the discharge of his normal duties;(c)if the servant ceases to satisfy the requirements of Article 55(1)(d). However, his contract may be terminated only if he is entitled to an invalidity allowance;(d)if the servant is unable to resume his duties at the end of a period of paid sick leave as provided for in Article 59. In such case the servant shall receive an allowance equal to his basic salary plus family allowances at the rate of two days for each completed month of service.

Article 76The employment of a member of the auxiliary staff may be terminated without notice on disciplinary grounds in serious cases of failure to comply with his obligations, whether intentionally or through negligence on his part. A reasoned decision shall be taken by the authority referred to in the first paragraph of Article 6, after the servant concerned has had an opportunity of submitting his defence.

Article 77The employment of a member of the auxiliary staff shall be terminated by the institution without notice if the authority referred to in the first paragraph of Article 6 finds:(a)that at the time of his engagement he deliberately furnished false information as to either his professional ability or the requirements of Article 55 (1); and(b)that the false information furnished was a determining factor in his being engaged.In such case the authority referred to in the first paragraph of Article 6 shall, after hearing the servant concerned, declare that his employment is terminated.

Article 78By way of derogation from the provisions of this Title, auxiliary staff engaged by the European Parliament for the duration of the work of its sessions shall be subject to the conditions of recruitment and remuneration laid down in the agreement between the Parliament, the Council of Europe and the Assembly of Western European Union in respect engagement of such staff.The provisions of that agreement and any subsequent amendment thereto shall be notified to the competent budgetary authorities one month before their entry into force.The same conditions of recruitment and remuneration applied to conference interpreters engaged by the European Parliament shall apply to auxiliary staff engaged by the Commission as conference interpreters on behalf of the Community institutions and bodies.The provisions of this Article shall apply until 31 December 2006, the date from which the staff concerned shall be subject to the conditions laid down according to the procedure referred to in Article 90.

TITLE IVCONTRACT STAFFCHAPTER 1GENERAL PROVISIONS

Article 791.Contract staff shall be paid from the total appropriations for the purpose under the section of the budget relating to the institution.2.Each institution shall adopt general implementing provisions governing the use of contract staff in accordance with Article 110 of the Staff Regulations, as necessary.3.The Commission shall provide a yearly report on the use of contract staff including numbers of staff, level and type of posts, geographical balance and budgetary resources per function group.4.The institutions, agencies and other entities using contract staff shall provide indicative yearly forecasts for the use of contract staff per function group in the context of the budget procedure.

Article 801.Contract staff shall be subdivided into four function groups corresponding to the duties to be performed. Each function group shall be subdivided into grades and steps.2.The types of duties and corresponding function groups shall be as shown in the following table:

Function group	Grades	Duties
IV	13 to 18	Administrative, advisory, linguistic and equivalent technical tasks, performed under the supervision of officials or temporary staff.
III	8 to 12	Executive tasks, drafting, accountancy and other equivalent technical tasks, performed under the supervision of officials or temporary staff.
II	4 to 7	Clerical and secretarial tasks, office management and other equivalent tasks, performed under the supervision of officials or temporary staff.
I	1 to 3	Manual and administrative support service tasks, performed under the supervision of officials or temporary staff.

3.Based on this table each institution or body referred to in Article 3a shall, after consulting the Staff Regulations Committee, define the powers attaching to each type of duties.4.Article 1e of the Staff Regulations, on measures of a social nature and working conditions shall apply by analogy.

CHAPTER 2RIGHTS AND OBLIGATIONS

Article 81Article 11 shall apply by analogy.

CHAPTER 3CONDITIONS OF ENGAGEMENT

Article 821.Contract staff shall be selected on the broadest possible geographical basis from among nationals of Member States and without distinction as to racial or ethnic origin, political, philosophical or religious beliefs, age or disability, gender or sexual orientation and without reference to their marital status or family situation.2.Recruitment as a member of the contract staff shall require at least:(a)in function group I, successful completion of compulsory education;(b)in function groups II and III:(i)a level of post-secondary education attested by a diploma, or(ii)a level of secondary education attested by a diploma giving access to post-secondary education, and appropriate professional experience of at least three years, or(iii)where justified in the interest of the service, professional training or professional experience of an equivalent level;(c)in function group IV:(i)a level of education which corresponds to completed university studies of at least three years attested by a diploma, or(ii)where justified in the interest of the service, professional training of an equivalent level.3.A member of the contract staff may be engaged only on condition that he:(a)is a national of one of the Member States, 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;(b)has fulfilled any obligations imposed on him by the laws concerning military service;(c)produces the appropriate character references as to his suitability for the performance of his duties;(d)is physically fit to perform his duties; and(e)produces evidence of a thorough knowledge of one of the languages of the Community and of a satisfactory knowledge of another language of the Community to the extent necessary for the performance of his duties.4.In the initial contract, the authority referred to in the first paragraph of Article 6 may waive the requirement that the person concerned should produce documentary evidence that he fulfils the conditions in points (a), (b) and (c) of paragraphs 2 and 3 where his engagement is for not more than three months.5.The European Communities Personnel Selection Office shall, at their request, provide assistance to the different institutions with a view to the selection of contract staff, in particular by defining the contents of the tests and organising the selection procedures. The Office shall ensure the transparency of selection procedures for contract staff.6.Each institution shall adopt general provisions on the procedures for engagement of contract staff in accordance with Article 110 of the Staff Regulations, as necessary.

Article 83Before being engaged, a member of the contract staff shall be medically examined by one of the institution's medical officers in order that the institution may be satisfied that he fulfils the requirements of Article 82(3)(d).Article 33 of the Staff Regulations shall apply by analogy.

Article 841.A member of the contract staff whose contract is concluded for a duration of at least one year 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.2.Where during his probationary period a member of the contract staff is prevented by sickness or accident from performing his duties for one month or more, the authority referred to in the first paragraph of Article 6 may extend his probationary period by the corresponding length of time.3.Not less than one month before the expiry of the probationary period, a report shall be made on the ability of the member of the contract staff to perform the duties pertaining to his post and also on his conduct and efficiency in the service. The report shall be communicated to the person concerned, who shall have the right to submit his comments in writing. A member of the contract staff whose work has not proved adequate to justify retention in his function shall be dismissed. However, the authority referred to in the first paragraph of Article 6 may, in exceptional circumstances, extend the probationary period for a maximum of six months, and possibly assign the member of the contract staff to another department.4.A report on the probationary member of the contract staff may be made at any time during the probationary period if his work is proving obviously inadequate. The report shall be communicated to the person concerned, who shall have the right to submit his comments in writing. On the basis of the report, the authority referred to in the first paragraph of Article 6 may decide to dismiss the member of the contract staff before the end of the probationary period by giving him one month's notice.5.A dismissed member of the contract staff shall be entitled to compensation equal to one third of his basic salary per month of probation completed.

CHAPTER 4SPECIAL PROVISIONS FOR MEMBERS OF THE CONTRACT STAFF REFERRED TO IN ARTICLE 3A

Article 851.The contracts of contract staff referred to in Article 3a 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.Periods covered by a contract as a member of the contract staff referred to in Article 3b 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 subparagraph of paragraph 1, the Appointing Authority may decide that only the fourth renewal of a contract for a member of function group I shall be for an indefinite period, provided that the total duration of his engagement for a fixed period does not exceed ten years.3.Contract staff in function group IV shall before renewal of a contract for an indefinite period be required to demonstrate the ability to work in a third language among those referred to in Article 314 of the EC Treaty. The common rules on access to training and the modalities of the assessment mentioned in Article 45(2) of the Staff Regulations shall apply by analogy.4.Contract staff must have served a probationary period in accordance with Article 84 before renewal of a contract for an indefinite duration.

Article 861.Contract staff referred to in Article 3a shall only be recruited(i)in grades 13, 14, or 16 for function group IV,(ii)in grades 8, 9 or 10 for function group III,(iii)in grades 4 or 5 for function group II,(iv)in grade 1 for function group I.The grading of such contract staff within each function group shall take account of the qualifications and experience of the persons concerned. To address specific needs of the institutions, labour market conditions prevailing in the Community may also be taken into account. Within their grade, such contract staff shall be recruited in the first step.2.Where a member of the contract staff referred to in Article 3a moves to a new post within a function group, he shall not be classified in a lower grade or step than in his former post.Where a member of such contract staff moves to a higher function group, he shall be classified at a grade and step such that his remuneration is at least equal to that to which he was entitled under the preceding contract.The same provisions shall apply where the member of such contract staff concludes a new contract with an institution or body immediately following a preceding contract for such contract staff with a different institution or body

Article 871.The first paragraph of Article 43 of the Staff Regulations, concerning reports, shall apply by analogy to contract staff referred to in Article 3a engaged for a period of not less than one year.2.A member of the contract staff referred to in Article 3a who has been at one step in his grade for two years shall automatically advance to the next step in that grade.3.In the case of contract staff referred to in Article 3a, classification in the next higher grade in the same function group shall be by decision of the authority referred to in the first paragraph of Article 6. It shall be effected by classifying such contract staff in the first step of the next higher grade. Such advancement shall be exclusively by selection from among contract staff referred to in Article 3a with a contract of at least three years who have completed a minimum period of two years in their grade, after consideration of the comparative merits of such contract staff eligible for advancement to a higher grade and of the reports on them. The last sentence of Article 45(1) of the Staff Regulations shall apply by analogy.4.A member of the contract staff referred to in Article 3a may change to a higher function group only through participation in a general selection procedure.

CHAPTER 5SPECIAL PROVISIONS FOR MEMBERS OF THE CONTRACT STAFF REFERRED TO IN ARTICLE 3B

Article 88In the case of contract staff referred to in Article 3b:(a)contracts shall be concluded for a fixed period; they shall be renewable;(b)the actual period of employment within an institution, including any period under renewal, shall not exceed three years.Periods covered by a contract as a member of the contract staff referred to in Article 3a shall not be counted for the purposes of the conclusion or renewal of contracts under this Article.

Article 891.Contract staff referred to in Article 3b may be recruited to any grade of function groups II, III and IV as referred to in Article 80, taking into account the qualifications and experience of the persons concerned. To address specific needs of the institutions, labour market conditions prevailing in the Community may also be taken into account. Within their grade, such contract staff shall be recruited in the first step.2.A member of the contract staff referred to in Article 3b who has been at one step in his grade for two years shall automatically advance to the next step in that grade.

Article 90By way of derogation from the provision of this title, conference interpreters engaged by the European Parliament or engaged by the Commission on behalf of the Community institutions and bodies shall be subject to the conditions laid down in the Agreement of 28 July 1999 between the European Parliament, the Commission and the Court of Justice, on behalf of the institutions, on the one hand, and the associations representing the profession, on the other.Amendments to that Agreement required by the entry into force of Council Regulation (EC, Euratom) No 723/2004OJ L 124, 27.4.2004, p. 1. shall be adopted before 31 December 2006 in accordance with the procedure laid down in Article 78. Amendments to that Agreement after 31 December 2006 shall be adopted by agreement between institutions.

CHAPTER 6WORKING CONDITIONS

Article 91Articles 16 to 18 shall apply by analogy.

CHAPTER 7REMUNERATION AND EXPENSES

Article 92Articles 19 to 27 shall apply by analogy subject to the amendments set out in Articles 93 and 94.

Article 93The scale of basic salaries shall be as provided for in the following table:

Article 94Notwithstanding Article 24(3), the installation allowance provided for in paragraph 1 and the resettlement allowance provided for in paragraph 2 of that Article shall not be less than:EUR 756,18 for a servant who is entitled to the household allowance,EUR 448,32 for a servant who is not entitled to the household allowance.

CHAPTER 8SOCIAL SECURITY BENEFITSSection ASickness and accident insurance, social security benefits

Article 95Article 28 shall apply by analogy. However, Article 72(2) and (2a) of the Staff Regulations shall not apply to a member of the contract staff who has remained in the service of the Community until the age of 63, unless he has been employed for more than 3 years as a member of such staff.

Article 961.A former member of the contract staff who becomes unemployed when his service with an institution of the Community is terminated, and:(a)who is not in receipt of a retirement pension or invalidity allowance from the Community,(b)whose service is not terminated by resignation or by cancellation of the contract for disciplinary reasons,(c)who has completed a minimum of six months' service,(d)who is resident in a Member State,shall be eligible for a monthly unemployment allowance under the conditions laid down below.Where he is entitled to unemployment benefits under a national scheme, he shall be obliged to declare this to the institution to which he belonged, which shall immediately inform the Commission thereof. In such cases, the amount of those benefits shall be deducted from the allowance paid under paragraph 3.2.To be eligible for this unemployment allowance, a former member of the contract staff shall:(a)be registered, at his own request, as seeking employment with the employment authorities of the Member State in which he establishes his residence;(b)fulfil the obligations laid down by the law of that Member State for persons in receipt of unemployment benefits under that law;(c)forward every month to the institution to which he belonged, which shall immediately forward it to the Commission, a certificate issued by the competent national employment authority stating whether or not he has fulfilled the obligations and conditions referred to in (a) and (b).The allowance may be granted or maintained by the Community, even where the national obligations referred to under (b) have not been fulfilled, in cases of illness, accident, maternity, invalidity or a situation recognised as being similar or where the national authority, competent to meet those obligations, has given a dispensation.The Commission shall, after obtaining the opinion of a committee of experts, lay down such provisions as it deems necessary for applying this Article.3.The unemployment allowance shall be set by reference to the basic salary attained by the former member of the contract staff at the time of the termination of his service. The allowance shall be set at:(a)60 % of the basic salary for an initial period of 12 months,(b)45 % of the basic salary for the 13th to the 24th month,(c)30 % of the basic salary for the 25th to the 36th month.Other than during an initial six-month period, in which the lower limit specified below is applicable but the upper limit is not, the amounts thus calculated may neither be less than EUR 904,26 nor exceed EUR 1808,51. These limits shall be adjusted, in the same way as the salary scales set out in Article 66 of the Staff Regulations, in accordance with Article 65 of the Staff Regulations.4.The period during which the unemployment allowance is payable to a former member of the contract staff may not be more than 36 months from the date of termination of service and shall in no case exceed the equivalent of one third of the actual length of service completed. However, if, during that period, the former member of the contract staff ceases to fulfil the conditions laid down in paragraphs 1 and 2, payment of the unemployment allowance shall be suspended. Payment shall be resumed if, before the expiry of that period, the former member of the contract staff again fulfils the said conditions and is not entitled to national unemployment benefit.5.A former member of the contract staff who is eligible for the unemployment allowance shall be entitled to the family allowances provided for in Article 67 of the Staff Regulations. The household allowance shall be calculated on the basis of the unemployment allowance under the conditions laid down in Article 1 of Annex VII to the Staff Regulations.The person concerned shall be obliged to declare any allowances of the same kind paid from other sources to himself or to his spouse; such allowances shall be deducted from those to be paid on the basis of this Article.A former member of the contract staff who is eligible for the unemployment allowance shall be entitled, as provided for in Article 72 of the Staff Regulations, to insurance cover against sickness without having to make any contribution.6.The unemployment allowance and family allowances shall be paid by the Commission in euro. No correction coefficient shall be applicable.7.Members of the contract staff shall contribute one third of the financing of the unemployment insurance scheme. That contribution shall be set at 0,81 % of the basic salary of the person concerned after deducting a standard allowance of EUR 822,06 and without taking account of the correction coefficients provided for in Article 64 of the Staff Regulations. The contribution shall be deducted each month from the salary of the person concerned and paid, together with the remaining two thirds to be borne by the institution, into a Special Unemployment Fund. This Fund shall be common to the institutions and the latter shall pay their contributions to the Commission each month, no later than eight days after the payment of remunerations. All expenditure arising out of the application of this Article shall be authorised and paid by the Commission in accordance with the provisions of the Financial Regulation governing the general budget of the European Communities.8.Unemployment allowances paid to former members of the contract staff who are unemployed shall be subject to Council Regulation (EEC, Euratom, ECSC) No 260/68.9.The national departments with responsibility for employment and unemployment, acting in accordance with their national legislation, and the Commission shall cooperate with each other in an effective manner in order to ensure that this Article is properly applied.10.The detailed arrangements adopted on the basis of Article 28a(10) shall be applicable for this Article, without prejudice to the provisions of the third subparagraph of paragraph 2 of this Article.11.One year after the introduction of this unemployment insurance scheme and every two years thereafter, the Commission shall present the Council with a report on the financial situation of the scheme. Independently of this report, the Commission may present to the Council proposals for adjusting the contributions provided for in paragraph 7 if this is necessary in the interests of the balance of the scheme. The Council shall act on the proposals in accordance with paragraph 3.

Article 97Article 74 of the Staff Regulations, concerning the birth grant, and Article 75 of the Staff Regulations, concerning the assumption of liability by the institution for the costs referred to therein, shall apply by analogy.

Article 98Article 76 of the Staff Regulations, concerning gifts, loans and advances, shall apply by analogy to contract staff during the term of their contract or after expiry of the contract where, as a result of serious protracted illness contracted, or a disability, or an accident sustained, during his employment, the contract staff member is incapable of working and proves that such illness or accident is not covered by another social security scheme.

Section BInsurance against the risk of invalidity and death

Article 99Contract staff shall be insured in accordance with the following provisions against the risk of death or invalidity occurring during their employment.The payments and benefits provided for in this Section shall be suspended if the remuneration which a member of such staff receives in respect of his employment is suspended under these conditions of employment.

Article 100Where the medical examination made before a member of the contract staff is engaged shows that he is suffering from sickness or invalidity, the authority referred to in the first paragraph of Article 6 may, in so far as risks arising from such sickness or invalidity are concerned, decide to grant him guaranteed benefits in respect of invalidity or death only after a period of five years from the date of his entering the service of the institution.The contract staff member may appeal against this decision to the Invalidity Committee provided for in paragraph 1(b) of Article 9 of the Staff Regulations.

Article 1011.A member of the contract staff who is suffering from total invalidity and who, for that reason, is obliged to suspend employment with the institution shall be entitled, for as long as the invalidity lasts, to an invalidity allowance, the amount of which shall be determined as follows.Article 52 of the Staff Regulations shall apply by analogy to recipients of an invalidity allowance. If the recipient of an invalidity allowance retires before the age of 65 without having reached the maximum pension entitlement, the general rules on retirement pensions shall be applied. The amount of the retirement pension shall be based on the salary for the grade and step occupied by the member of the contract staff when he became an invalid.2.The invalidity allowance shall be 70 % of the final basic salary of the member of the contract staff. However, it shall not be less than the basic monthly salary of a member of the contract staff in function group I, grade 1, step 1. The invalidity allowance shall be subject to contributions to the pension scheme, calculated on the basis of that allowance.3.Where the invalidity of the contract staff member arises from an accident in the course of or in connection with the performance of his duties, from an occupational disease, from a public spirited act or from risking life and limb to save another human being, the invalidity allowance shall not be less than 120 % of the basic monthly salary of a function group I, grade 1, step 1 contract staff member. In such cases the pension contributions shall be borne by the budget of the former employer.4.In the case of invalidity deliberately brought about by the contract staff member, the authority referred to in the first paragraph of Article 6 may decide that he should receive only the grant provided for in Article 109.5.Persons entitled to an invalidity allowance shall also be entitled to the family allowances provided for in Article 67 of the Staff Regulations in accordance with Annex VII to the Staff Regulations; the household allowance shall be determined on the basis of the recipient's allowance.

Article 1021.Invalidity shall be established by the Invalidity Committee provided for in point (b) of Article 9(1) of the Staff Regulations.2.Entitlement to an invalidity allowance shall take effect on the day following that on which the contract staff member's employment is terminated under Articles 47 and 48, which are applicable by analogy.3.The institution referred to in Article 40 of Annex VIII to the Staff Regulations may require periodic examinations of the recipient of an invalidity allowance to establish that he still fulfils the conditions for payment of that allowance. If the Invalidity Committee finds that these conditions are no longer fulfilled, the contract staff member shall resume service with the institution, providing his contract has not expired.However, if it proves impossible to employ the person concerned in the service of the Communities, the contract may be terminated subject to payment of an amount corresponding to the remuneration that would have been paid during the period of notice and, where applicable, to the compensation for termination of contract provided for in Article 47. Article 109 shall also apply.

Article 1031.The persons entitled under a deceased contract staff member, as defined in Chapter 4 of Annex VIII to the Staff Regulations, shall be entitled to a survivor's pension as provided for in Articles 104 to 107.2.In the event of the death of a former contract staff member in receipt of an invalidity allowance or a former contract staff member who is in receipt of a retirement pension or who leaves the service before reaching 63 years of age and requests that his retirement pension be deferred until the first day of the calendar month following that in which he reached 63 years of age, the persons entitled under the deceased former contract staff member, as defined in Chapter 4 of Annex VIII to the Staff Regulations, shall be entitled to a survivor's pension as provided for in that Annex.3.Where the whereabouts of a contract staff member or of a former contract staff member in receipt of an invalidity allowance or retirement pension, or of a former contract staff member who leaves the service before reaching 63 years of age and requests that his retirement pension be deferred until the first day of the calendar month following that in which he reaches 63 years of age, are unknown for more than one year, the provisions of Chapters 5 and 6 of Annex VIII to the Staff Regulations dealing with provisional pensions shall apply by analogy to his spouse and to persons recognised as his dependants.

Article 104The right to receive payment of pension shall have effect from the first day of the month following that in which death occurs or, where applicable, on the first day of the month following the period during which the deceased's surviving spouse, orphans or dependants receive his emoluments under Article 70 of the Staff Regulations.

Article 105The surviving spouse of a contract staff member shall be entitled to a survivor's pension in accordance with Chapter 4 of Annex VIII to the Staff Regulations. The pension shall not be less than 35 % of the final basic monthly salary received by the contract staff member, nor less than the basic monthly salary of contract staff in function group I, grade 1, step 1. Where a contract staff member dies, the amount of the survivor's pension shall be increased to 60 % of the retirement pension which the contract staff member would have been paid if he had qualified, irrespective of length of service or of age, for such pension at the time of death.A person drawing a survivor's pension shall be entitled, on the conditions laid down in Annex VII to the Staff Regulations, to the family allowances specified in Article 67 of the Staff Regulations. However, the dependent child allowance shall be double that provided for in Article 67(1)(b) of the Staff Regulations.

Article 1061.Where a contract staff member or person entitled to a retirement pension or invalidity allowance dies leaving no spouse entitled to a survivor's pension, the children deemed to be dependent on him shall be entitled to an orphan's pension in accordance with Article 80 of the Staff Regulations.2.The same entitlement shall apply to children who fulfil the foregoing conditions in the event of death or remarriage of a spouse who is entitled to a survivor's pension.3.Where a contract staff member or a person entitled to a retirement pension or invalidity allowance dies but the conditions set out in paragraph 1 are not satisfied, the provisions of the third paragraph of Article 80 of the Staff Regulations shall apply.4.In the event of the death of a former member of the contract staff who leaves the service before reaching 63 years of age and requests that his retirement pension be deferred until the first day of the calendar month following that in which he reaches 63 years of age, children deemed to be his dependants in accordance with Article 2 of Annex VII to the Staff Regulations shall be entitled to an orphan's pension on the same terms as those set out respectively in the foregoing paragraphs.5.The orphan's pension of a person treated as a dependent child as defined in Article 2(4) of Annex VII to the Staff Regulations may not exceed twice the dependent child allowance. However, entitlement to the pension shall cease if a third party is liable for maintenance under the national laws applicable.6.No orphan's pension shall be payable where a natural parent who has been replaced by an adoptive parent dies.7.Orphans shall be entitled to an education allowance in accordance with Article 3 of Annex VII to the Staff Regulations.

Article 107In the case of divorce or where there is more than one category of survivor who qualifies to claim survivor's pension, such pension shall be apportioned in the manner provided for in Chapter 4 of Annex VIII to the Staff Regulations.

Article 108The rules relating to ceilings and apportionment set out in Article 81a of the Staff Regulations shall apply by analogy.

Section CRetirement pension and severance grant

Article 1091.On leaving the service, contract staff shall be entitled to a retirement pension, transfer of the actuarial equivalent or the payment of a severance grant in accordance with Chapter 3 of Title V of, and Annex VIII to, the Staff Regulations. Where the contract staff member is entitled to a retirement pension, his pension rights shall not cover periods corresponding to contributions paid under Article 112 of these Conditions of Employment.2.Article 11(2) and (3) of Annex VIII of the Staff Regulations shall be applicable by analogy to contract staff.3.A person who becomes entitled to a retirement pension shall be entitled, if he has been employed for more than three years as a member of the contract staff, to the family allowances provided for in Article 67 of the Staff Regulations; the household allowance shall be calculated on the basis of the recipient's pension.

Article 1101.If a member of the contract staff is appointed an official or temporary servant of the Communities, he shall not receive the grant provided for in Article 109(1).Any period of service on the contract staff of one the Communities shall be taken into account for the purpose of calculating years of pensionable service as provided for in Annex VIII to the Staff Regulations.2.Where the institution has exercised the option provided for in Article 112, the contract staff member's retirement pension rights shall be reduced proportionately in respect of the period in which the sums were withdrawn.3.The preceding paragraph shall not apply to a contract staff member who, in the three months following application of the Staff Regulations to him, asks to be allowed to repay such sums plus compound interest at the rate of 3,9 % per year, which may be revised following the procedure laid down in Article 12 of Annex XII to the Staff Regulations.

Section DFunding of the invalidity and life assurance scheme and of the pension scheme

Article 111As regards the funding of the social security scheme provided for in Sections B and C, the provisions of Articles 83 and 83a of the Staff Regulations and Articles 36 and 38 of Annex VIII thereto shall apply by analogy.

Article 112In accordance with conditions to be laid down by the institution, a member of the contract staff may request the institution to effect any payments which he is required to make in order to constitute or maintain pension rights, unemployment insurance, invalidity insurance, life insurance and sickness insurance in the country where he has last been covered by such schemes. During the period of these contributions, the contract staff member shall not benefit from the Community sickness insurance scheme. Moreover, for the period corresponding to these contributions, the contract staff member shall not be covered by the Community life assurance and invalidity schemes and shall not acquire rights under the Community unemployment insurance and pension schemes.The actual period of such payments for any contract staff member shall not exceed six months. However, the institution may decide to extend this period to one year. The payments shall be charged to the budget of the Communities. Payments to constitute or maintain pension rights shall not exceed twice the rate provided for in Article 83(2) of the Staff Regulations

Section ESettlement of claims by contract staff

Article 113Articles 40 to 44 of Annex VIII to the Staff Regulations shall apply by analogy.

Section FPayment of benefits

Article 1141.Articles 81a and 82 of the Staff Regulations and Article 45 of Annex VIII thereto, concerning the payment of benefits, shall apply by analogy.2.Any sums due from a contract staff member to the Communities under this insurance scheme at the date when the benefits are payable shall be deducted from the amount of his benefit or from the benefits payable to those entitled under him in a manner to be determined by the institution referred to in Article 45 of Annex VIII to the Staff Regulations. The deduction may be spread over a number of months.

Section G:Subrogation in favour of the Community

Article 115The provisions of Article 85a of the Staff Regulations, relating to subrogation in favour of the Community, shall apply by analogy.

CHAPTER 9RECOVERY OF UNDUE PAYMENT

Article 116The provisions of Article 85 of the Staff Regulations on the recovery of undue payment shall apply.

CHAPTER 10APPEALS

Article 117The provisions of Title VII of the Staff Regulations on appeals shall apply by analogy.

CHAPTER 11SPECIAL AND EXCEPTIONAL PROVISIONS APPLICABLE TO MEMBERS OF THE CONTRACT STAFF SERVING IN A THIRD COUNTRY

Article 118The provisions of Articles 6 to 16 and 19 to 25 of Annex X to the Staff Regulations shall apply by analogy to contract staff serving in third countries. However, Article 21 of that Annex shall only apply if the contract is for not less than one year.

CHAPTER 12TERMINATION OF EMPLOYMENT

Article 119Articles 47 to 50a shall apply by analogy to contract staff.In the event of disciplinary proceedings against a contract staff member, the Disciplinary Board referred to in Annex IX to the Staff Regulations and in Article 49 of these Conditions of Employment shall meet with two additional members from the same function group and grade as the contract staff member concerned. These two additional members shall be appointed according to an ad hoc procedure agreed upon by the authority referred to in the first paragraph of Article 6 of these Conditions of Employment and the Staff Committee.

TITLE VLOCAL STAFF

Article 120Subject to the provisions of this Title, the conditions of employment of local staff, in particular:(a)the manner of their engagement and termination of their contract:(b)their leave; and(c)their remunerationshall be determined by each institution in accordance with current rules and practice in the place where they are to perform their duties.

Article 121As regards social security, the institution shall be responsible for the employer's share of the social security contributions under current regulations in the place where the servant is to perform his duties.

Article 122Any dispute between the institution and a member of the local staff serving in a third country shall be submitted to an arbitration board on the conditions defined in the arbitration clause contained in the local staff member's contract.

TITLE VISPECIAL ADVISERS

Article 1231.The remuneration of special advisers shall be determined by direct agreement between the adviser concerned and the authority referred to in the first paragraph of Article 6. The contract of a special adviser shall be for a term not exceeding two years. It shall be renewable.2.An institution which intends to recruit a special adviser or renew his contract shall notify the competent budgetary authority, specifying the remuneration contemplated.Before the contract is finally concluded there shall be an exchance of views with the competent budgetary authority on the proposed remuneration if within one month following the date of notification a member of that authority or the institution concerned so requests.

Article 124Articles 1c, 1d, 11, 11a, 12 and 12a, the first paragraph of Article 16, Articles 17, 17a, 19, 22, 22a and 22b, the first and second paragraphs of Article 23 and the second paragraph of Article 25 of the Staff Regulations, concerning the rights and obligations of officials, and Articles 90 and 91 of the Staff Regulations, concerning appeals, shall apply by analogy.

TITLE VIESTABLISHMENT STAFF OF THE JOINT NUCLEAR RESEARCH CENTRECHAPTER 1General provisions

Article 84The contracts of establishment staff of the Joint Nuclear Research Centre shall be for an indefinite period.

Article 85Establishment staff of the Joint Nuclear Research Centre shall not be engaged for any purpose other than that of filling, in accordance with this Title, vacant posts included in the list of posts appended to the section of the research and investment budget of the European Atomic Energy Community.

Article 86Article 5 (1) and (4) and the second paragraph of Article 92 of the Staff Regulations, concerning the classification of posts in categories, services and grades, and Article 7 of the Staff Regulations, concerning assignment of officials to posts, shall apply by analogy.The grading of establishment staff of the Joint Nuclear Research Centre shall be stated in their contract.

CHAPTER 2Rights and obligations

Article 87Articles 11 to 26 of the Staff Regulations, concerning the rights and obligations of officials, shall apply by analogy, save for the second paragraph of Article 15, which relates to officials elected to public office.Any decision requiring damage suffered by the Communities as a result of serious misconduct to be made good, as provided in Article 22 of the Staff Regulations, shall be taken by the authority referred to in the first paragraph of Article 6 after observing the formalities provided for in cases of dismissal for serious misconduct.

CHAPTER 3Conditions of engagement

Article 881.Recruitment shall be directed to securing for the institution the services of staff of the highest standard of ability, efficiency and integrity.Establishment staff of the Joint Nuclear Research Centre shall be selected without reference to race, creed or sex.2.A member of the establishment staff of the Joint Nuclear Research Centre may be engaged only on condition that:(a)he is a national of one of the Member States of the Communities, unless an exception is authorised by the authority referred to in the first paragraph of Article 6, and enjoys his full rights as a citizen;(b)he has fulfilled any obligations imposed on him by the laws concerning military service;(c)he produces the appropriate character references as to his suitability for the performance of his duties;(d)he is physically fit to perform his duties; and(e)he produces evidence of a thorough knowledge of one of the languages of the Communities and of a satisfactory knowledge of another language of the Communities to the extent necessary for the performance of his duties.

Article 89Before being engaged, a member of the establishment staff of the Joint Nuclear Research Centre shall be medically examined by one of the institution's medical officers in order that the institution may be satisfied that he fulfils the requirements of Article 88 (2) (d).

Article 90A member of the establishment staff of the Joint Nuclear Research Centre shall serve a probationary period of from three to six months, during which his employment may be terminated if his capacity for the work has not proved adequate. In exceptional cases the probationary period may be extended not more than once for a further three months.On expiry of the probationary period, a member of the establishment staff shall be established in his post.

CHAPTER 4Career

Article 91Articles 36, 40 and 42 of the Staff Regulations, concerning active employment, leave on personal grounds and leave for military service, shall apply by analogy to establishment staff of the Joint Nuclear Research Centre.

Article 92Articles 43 and 45 of the Staff Regulations, concerning reports and promotion, shall apply by analogy to establishment staff of the Joint Nuclear Research Centre.

CHAPTER 5Working conditions

Article 93Articles 55 and 56a to 61 of the Staff Regulations, concerning hours of work, shiftwork, standby duty at place of work or at home, leave and public holidays, shall apply by analogy to members of the staff of the Joint Research Centre.

CHAPTER 6Remuneration and social security benefits

Article 94the Council, acting on a proposal from the Commission by the qualified majority specified in the first indent of the second subparagraph of Article 118 (2) of the Treaty establishing the European Atomic Energy Community and taking into account local practice, shall determine:(a)the conditions relating to the remuneration of establishment staff of the Joint Nuclear Research Centre at each place of employment;(b)the allowances, insurances, social security benefits and other similar benefits of whatever kind to which they shall be entitled.For purposes of the application of subparagraph (a), the Commission shall, as far as possible, enter into separate agreements with the appropriate agencies of the countries concerned.

Article 95If the Commission considers it necessary to recruit establishment staff for the Joint Nuclear Research Centre from candidates not residing in the country or in close proximity to the place where they are to perform their duties, the Council, acting on a proposal from the Commission by the qualified majority specified in the first indent of the second subparagraph of Article 118 (2) of the Treaty establishing the European Atomic Energy Community, shall determine the allowances to be paid to such staff. The total remuneration of such staff shall not, however, exceed the amount which they would receive under the Staff Regulations, notwithstanding the provisions of Title VIII thereof.

Article 96Articles 11 to 13 of Annex VII to the Staff Regulations, regarding mission expenses, and Article 85 of the Staff Regulations, concerning recovery of overpayments, shall apply by analogy to establishment staff of the Joint Nuclear Research Centre.

CHAPTER 7Disciplinary proceedings and appeals

Article 97Titles VI and VII of the Staff Regulations, concerning disciplinary proceedings and appeals, shall apply by analogy to establishment staff of the Joint Nuclear Research Centre.

CHAPTER 8Termination of employment

Article 98Apart from cessation on death, the employment of a member of the establishment staff of the Joint Nuclear Research Centre shall cease:1.without notice:(a)at the end of the month in which he reaches the prescribed age for retirement pension;(b)during or at the end of his probationary period, in accordance with Articles 90 and 94;(c)if he is elected to public office and the authority referred to in the first paragraph of Article 6 considers such public office to be incompatible with the discharge of his normal duties;(d)if he becomes an official of the Communities;(e)if he ceases to satisfy the requirements of Article 88 (2) (a) and (d). However, if the servant ceases to satisfy the requirements of Article 88 (2) (d), his employment may be terminated only if he is entitled to an invalidity pension;(f)if he is dismissed in accordance with Article 97.2.in other cases, after due notice, which shall be not less than two days for each completed month of service, subject to a minimum of fifteen days and a maximum of three months. The period of notice shall not, however, commence to run during maternity leave or sick leave, provided such sick leave does not exceed three months. It shall, moreover, be suspended during maternity or sick leave subject to the limits aforesaid.

TITLE VIITRANSITIONAL PROVISIONS

Article 99A servant in the employment of the Communities when these Conditions of Employment enter into force who, notwithstanding that the institution has decided to continue to employ him, is not appointed as an official under Article 102 of the Staff Regulations must be offered a contract by the authority referred to in the first paragraph of Article 6 in accordance with these Conditions of Employment. Such contract shall take effect on the date when these Conditions of Employment enter into force.The contract of a servant who refuses an offer made as provided in the preceding paragraph shall be terminated under the terms of his earlier contract.

Article 100Service with an institution of the three European Communities before the entry into force of these Conditions of Employment shall be treated as service under these Conditions of Employment.

Article 101Where a servant receives a contract as a member of the temporary staff under these Conditions of Employment, the amounts standing to his credit with the Communities' temporary provident scheme shall be taken into consideration for purposes of calculating the sums payable to that servant under Article 39.

Article 125Without prejudice to the other provisions of the Conditions of Employment, the Annex hereto lays down the transitional provisions applicable to staff engaged under contract covered by these Conditions of Employment.

TITLE VIIIFINAL PROVISIONS

Article 126Subject to Article 127, the general provisions for giving effect to these Conditions of Employment shall be adopted by each institution after consulting its Staff Committee and the Staff Regulations Committee provided for in Article 10 of the Staff Regulations.The administrations of the institutions of the Communities shall confer for the purpose of securing uniform application of these Conditions of Employment.

Article 127The general provisions for giving effect to the Staff Regulations, referred to in Article 110 of those Regulations, shall apply to servants covered by these Conditions of Employment where by virtue of these Conditions of Employment the provisions of the said Regulations apply to those servants.