▼B

---

▼M128

STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN UNION

▼B

CONTENTS
TITLE I.	General provisions 1-10c
TITLE II.	Rights and obligations of officials 11-26a
TITLE III.	Career of officials
Chapter 1:	Recruitment 27-34
Chapter 2:	Administrative Status 35
Section 1:	Active employment 36
Section 2:	Secondment 37-39
Section 3:	Leave on personal grounds 40
Section 4:	Non-active status 41
Section 5:	Leave for military service 42
Section 6:	Parental or family leave 42a-42b
Section 7:	Leave in the interests of the service 42c
Chapter 3:	Reports, advancement to a higher step and promotion 43-46
Chapter 4:	Termination of service 47
Section 1:	Resignation 48
Section 2:	Compulsory resignation 49
Section 3:	Retirement in the interests of the service 50
Section 4:	Procedures for dealing with incompetence 51
Section 5:	Retirement 52-53
Section 6:	Honorary rank 54
TITLE IV.	Working conditions of officials
Chapter 1:	Hours of work 55-56c
Chapter 2:	Leave 57-60
Chapter 3:	Public holidays 61
TITLE V.	Emoluments and social security for officials
Chapter 1:	Remuneration and expenses
Section 1:	Remuneration 62-70
Section 2:	Expenses 71
Chapter 2:	Social security benefits 72-76a
Chapter 3:	Pensions and invalidity allowance 77-84
Chapter 4:	Recovery of overpayments 85
Chapter 5:	Subrogation in favour of the Union 85a
TITLE VI.	Disciplinary measures 86
TITLE VII.	Appeals 90-91a
TITLE VIIIa.	Special provisions applicable to the EEAS 95
TITLE VIIIb.	Special and exceptional provisions applicable to officials serving in a third country 101a
TITLE IX.	Transitional and final provisions
Chapter 1:	Transitional provisions 107a
Chapter 2:	Final provisions 110-113
ANNEX I	A — Types of posts in each function group, as provided for in Article 5(4)
	B — Multiplication rates for guiding average career equivalence
ANNEX II	Composition and procedure of the bodies provided for in Article 9 of the Staff Regulations
ANNEX III	Competitions
ANNEX IV	Allowance under Articles 41 and 50 of the Staff Regulations
ANNEX IVa	Part-time work
ANNEX V	Leave
ANNEX VI	Compensatory leave and remuneration for overtime
ANNEX VII	Remuneration and reimbursement of expenses
ANNEX VIII	Pension scheme
ANNEX IX	Disciplinary proceedings
ANNEX X	Special and exceptional provisions applicable to officials serving in a third country
ANNEX XI	Rules for implementing articles 64 and 65 of the staff regulations
ANNEX XII	Rules for implementing article 83a of the Staff Regulations
ANNEX XIII	Transitional measures applicable to officials of the Union (Article 107a of the Staff Regulations)
ANNEX XIII.1	Types of posts during the transitional period

TITLE I

GENERAL PROVISIONS

▼M112

Article 1

These Staff Regulations shall apply to officials of the ►M128  Union ◄ .

Article 1a

▼M112

Article 1b

Save as otherwise provided in these Staff Regulations,

▼M128

▼M112

shall, for the purposes of these Staff Regulations, be treated as institutions of the ►M128  Union ◄ .

Article 1c

Any 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.

▼M93

Article ►M112  1d ◄

▼M112

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.

▼M93

▼M131

A person with a disability meets the conditions laid down in point (e) of Article 28 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.

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

▼M112

Article 1e

▼M131

▼M112

▼B

Article 2

▼M112 —————

▼M112

▼B

Article 3

The 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 4

No 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.

▼M112

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 5

▼M131

▼M112

▼M131

▼M112

▼M131

Article 6

▼M112

Article 7

An official may apply for a transfer within his institution.

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.

▼B

Article 8

An official seconded to another institution of the ►M128  European Union ◄ 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 ►M128  Union ◄ 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 ►M128  Union ◄ .

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 9

▼M131

▼B

▼M131

The agencies may derogate from the provisions of Article 1 of Annex II regarding membership of Staff Committees to take into account the composition of their personnel. The agencies may decide not to appoint alternate members in the Joint Committee or Committees provided for in Article 2 of Annex II.

▼M112

The staff of the institution shall be notified of the list of members of these bodies.

▼B

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.

▼M112

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.

▼M112

▼M112

Article 10

A Staff Regulations Committee shall be set up consisting of representatives of the institutions of the ►M128  Union ◄ 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 ►M131  appointing authorities 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.

▼M23

Article 10a

The 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.

▼M112

Article 10b

The 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 10c

Each 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.

▼B

TITLE II

RIGHTS AND OBLIGATIONS OF OFFICIALS

▼M131

Article 11

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

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

Before recruiting an official, the appointing authority shall examine whether the candidate has any personal interest such as to impair his independence or any other conflict of interest. To that end, the candidate, using a specific form, shall inform the appointing authority of any actual or potential conflict of interest. In such cases, the appointing authority shall take this into account in a duly reasoned opinion. If necessary, the appointing authority shall take the measures referred to in Article 11a(2).

This Article shall apply by analogy to officials returning from leave on personal grounds.

▼M112

Article 11a

▼M112

Article 12

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

▼M112

Article 12a

Article 12b

▼B

Article 13

If 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 ►M112  continue in his post or be transferred to another post. ◄

▼M112 —————

▼M112

Article 15

▼M131

Article 16

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

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

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

In compliance with Regulation (EC) No 45/2001 of the European Parliament and of the Council ( 10 ), each institution shall publish annually information on the implementation of the third paragraph, including a list of the cases assessed.

▼M112

Article 17

▼M112

Article 17a

Where the Appointing Authority is able to demonstrate that the matter is liable seriously to prejudice the legitimate interests of the ►M128  Union ◄ , 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.

▼M112

Article 18

▼M131

▼M112

▼M131

Article 19

An official shall not, without permission from the appointing authority, disclose on any grounds whatever, in any legal proceedings, information of which he has knowledge by reason of his duties. Permission shall be refused only where the interests of the Union so require and such refusal would not entail criminal consequences as far as the official is concerned. An official shall continue to be bound by this obligation after leaving the service.

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

▼B

Article 20

An 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. ►M112  The official shall notify the Appointing Authority of his address and inform it immediately of any change of address. ◄

Article 21

An official, whatever his rank, shall assist and tender advice to his superiors; he shall be responsible for the performance of the duties assigned to him.

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.

▼M112 —————

▼M112

Article 21a

▼M131

▼B

Article 22

An official may be required to make good, in whole or in part, any damage suffered by the ►M128  Union ◄ 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 ►M128  European Union ◄ shall have unlimited jurisdiction in disputes arising under this provision.

▼M112

Article 22a

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.

Article 22b

▼M131

Article 22c

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

The appointing authority of each institution shall lay down internal rules on inter alia:

▼B

Article 23

The privileges and immunities enjoyed by officials are accorded solely in the interests of the ►M128  Union ◄ . Subject ►M15  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.

▼M128

The laissez-passer provided for in the Protocol on Privileges and Immunities shall be issued to heads of unit, to officials in grade AD12 to AD16, to officials serving outside the territory of the European Union and to other officials for whom this is required in the interest of the service.

▼B

Article 24

►M15  The ►M128  Union ◄ 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.

►M15  It 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 ►M112  24a ◄

▼M23

►M112  The ►M128  Union ◄  ◄ 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 ►M112  24b ◄

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

▼B

Article 25

▼M112

Officials may submit requests concerning issues covered by these Staff Regulations to the Appointing Authority of their institution.

▼B

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. ►C1  Any decision adversely affecting an official shall state the grounds on which it is based. ◄

▼M112

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.

▼B

Article 26

The personal file of an official shall contain:

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 letter ►M112  to the last address communicated by the official ◄ .

▼M112

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.

▼B

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 file ►M112  and to take copies of them ◄ .

The personal file shall be confidential and may be consulted only in the offices of the administration ►M112  or on a secure electronic medium ◄ . It shall, however, be forwarded to the Court of Justice of the ►M128  European Union ◄ if an action concerning the official is brought ►M112   before the Court ◄ .

▼M112

Article 26a

Officials shall have the right to acquaint themselves with their medical files, in accordance with arrangements to be laid down by the ►M131  appointing authorities of the institutions. ◄

▼B

TITLE III

CAREER OF OFFICIALS

CHAPTER 1

Recruitment

▼M131

Article 27

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

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

After a three-year period starting on 1 January 2014, the Commission shall report to the European Parliament and to the Council on the implementation of the second paragraph.

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

▼B

Article 28

An official may be appointed only on condition that:

▼M112

Article 29

▼M131

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

While maintaining the principle that the vast majority of officials are to be recruited on the basis of open competitions, the appointing authority may decide, by way of derogation from point (d) and only in exceptional cases, to hold a competition internal to the institution which shall also be open to contract staff as defined in Articles 3a and 3b of the Conditions of Employment of Other Servants of the European Union. That latter category of staff shall be subject to restrictions with regard to that possibility as laid down in Article 82(7) of the Conditions of Employment of Other Servants of the European Union and with regard to the specific tasks it was entitled to perform as contract staff.

▼M112

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 ►M128  European Union ◄ . 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.

▼M131

Article 30

For 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.

These candidates shall have access to adequate information on appropriate vacancies published by the institutions and agencies.

▼M112

Article 31

To address specific needs of the institutions, labour market conditions prevailing in the ►M128  Union ◄ may also be taken into account when recruiting officials.

▼B

Article 32

An official shall be recruited at the first step in his grade.

▼M112

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.

▼M85

Members of the temporary staff graded in accordance with the grading criteria adopted by the ►M131  appointing authority of each institution ◄ shall retain the ►C10  seniority in the step ◄ acquired in that capacity if they are appointed officials in the same grade immediately following the period of temporary service.

▼B

Article 33

Before 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).

▼M39

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.

▼M131

Article 34

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

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

Should it recommend dismissal or, in exceptional circumstances, extension of the probationary period in accordance with paragraph 1, the report and the comments shall be transmitted immediately by the probationer's immediate superior to the appointing authority, which shall, within three weeks, consult the Joint Reports Committee on the action to be taken.

A probationer whose work or conduct has not proved adequate for establishment in his post shall be dismissed.

▼B

CHAPTER 2

Administrative status

Article 35

Officials shall be assigned one of the following administrative statuses:

▼M112

▼M131

▼B

Section 1

ACTIVE EMPLOYMENT

Article 36

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

Section 2

SECONDMENT

Article 37

▼M23

An official on secondment ►M56  is an established official who ◄ , by decision of the appointing authority

▼M56

▼B

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. ►M23  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. ◄

▼M112

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.

▼B

Article 38

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

▼M23

▼B

Article 39

Secondment at an official's own request shall be governed by the following rules:

▼M23

▼M112

▼M23

▼B

Section 3

LEAVE ON PERSONAL GROUNDS

Article 40

▼M131

▼M112

Extensions may be for periods not exceeding one year. The total length of leave on personal grounds may not exceed ►M131  12 years ◄ in the course of the official's entire career.

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

▼M131

▼M131

▼M112

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.

▼B

▼M39

►M112  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 ►M56  in Article 83 (2); the contributions shall be calculated by reference to the basic salary for the official's grade and step ◄ .

▼B

Section 4

NON-ACTIVE STATUS

Article 41

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.

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 ►M112  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.

▼M23

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.

▼M62

The official shall furnish such written proof as may be required and inform the institution of any facts liable to affect his entitlement.

▼M112

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 ►C17  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.

▼B

Section 5

LEAVE FOR MILITARY SERVICE

Article 42

An official who is called up for military service or for reserve training or is recalled to serve in the armed forces shall be assigned the special status ‘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.

▼M112

Section 6

PARENTAL OR FAMILY LEAVE

▼M131

Article 42a

An official shall be entitled to up to six months of parental leave without basic salary for every child, to be taken during the first twelve years after the birth or adoption of the child. The duration of the leave may be doubled for single parents recognised under general implementing provisions adopted by the appointing authority of each institution and for parents of dependent children with a disability or a severe illness recognised by the institution's medical officer. 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, an official shall be entitled to an allowance of ►M153  EUR 1 143,01  ◄ 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 ►M140   ►M153  EUR 1 524,03  ◄ for single parents ◄ per month, or 50 % of such sum if the official is on half-time leave, for the single parents and parents of dependent children with a disability or a severe illness recognised by the medical officer referred to in the first paragraph and during the first three months of parental leave where such leave is taken by the father during maternity leave or by either parent immediately after maternity leave or during or immediately after adoption leave.

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

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

▼M112

Article 42b

In 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.

▼M131

Section 7

LEAVE IN THE INTERESTS OF THE SERVICE

Article 42c

At the earliest five years before the official's pensionable age, an official with at least ten years of service may be placed by decision of the appointing authority on leave in the interests of the service for organisational needs linked to the acquisition of new competences within the institutions.

The total number of officials placed on leave in the interests of the service each year shall not be higher than 5 % of the officials in all institutions who retired the previous year. The total number thus calculated shall be allocated to each institution according to their respective numbers of officials at 31 December of the preceding year. The result of such allocation shall be rounded up to the nearest whole number in each institution.

Such leave shall not constitute a disciplinary measure.

The duration of the leave shall correspond in principle to the period until the official reaches pensionable age. However, in exceptional situations, the appointing authority may decide to put an end to the leave and reinstate the official.

When the official placed on leave in the interests of the service reaches pensionable age, he shall automatically be retired.

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

An official thus placed on leave shall receive an allowance calculated in accordance with Annex IV.

At the official's request, the allowance shall be subject to contributions to the pension scheme, calculated on the basis of that allowance. In such a case, the period of service as an official on leave in the interests of the service shall be taken into account for the purpose of calculating years of pensionable service within the meaning of Article 2 of Annex VIII.

The allowance shall not be subject to a correction coefficient.

▼B

CHAPTER 3

Reports, advancement to a higher step and promotion

▼M131

Article 43

The ability, efficiency and conduct in the service of each official shall be the subject of an annual report as provided for by the appointing authority of each institution in accordance with Article 110. That report shall state whether or not the performance level of the official has been satisfactory. The appointing authority of each institution shall lay down provisions conferring the right to lodge an appeal within the reporting procedure, which has to be exercised before the lodging of a complaint as referred to in Article 90(2).

As of grade AST 5, the report may also contain an opinion as to whether the official, on the basis of his performance, 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 44

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

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

▼M112

Article 45

▼M131

▼M112

Article 45a

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.

Article 46

An 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:

▼B

CHAPTER 4

Termination of service

Article 47

Services shall be terminated by:

Section 1

RESIGNATION

Article 48

An 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. ►M23  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. ◄

▼M112

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 ►M131  function groups AST and AST/SC. ◄

▼B

Section 2

COMPULSORY RESIGNATION

Article 49

An official may be required to resign only where he ceases to fulfil the conditions laid down in Article 28 (a), or ►M23  in the cases provided for in Articles ►M112   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 3

RETIREMENT IN THE INTERESTS OF THE SERVICE

Article 50

►M112  A 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 ►M112   in his category or service ◄ corresponding to his grade shall receive an allowance calculated in accordance with Annex IV.

▼M23

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.

▼M112

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.

▼C20

When the official's entitlement to the allowance ceases, he shall be entitled, provided he has attained the age of ►M131  fifty-eight ◄ years, to receive payment of pension without applying the reduction laid down in Article 9 of Annex VIII.

▼B

Section 4

▼M112

PROCEDURES FOR DEALING WITH INCOMPETENCE

▼M131

Article 51

When adopting internal provisions, the appointing authority of each institution shall respect the following requirements:

The allowance shall not be paid if the official resigns after the start of the procedure referred to in paragraphs 1 and 2 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.

▼B

Section 5

RETIREMENT

▼M131

Article 52

Without prejudice to the provisions of Article 50, an official shall be retired:

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

Where the appointing authority decides to authorise an official to remain in service beyond the age of 66, that authorisation shall be granted for a maximum duration of one year. It may be renewed at the official's request.

▼B

Article 53

An official to whom the Invalidity Committee finds that the provisions of Article 78 apply ►M62  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 6

HONORARY RANK

Article 54

On termination of service an official may be given an honorary rank in either his ►M112  grade or the next higher grade ◄ , by decision of the appointing authority.

No pecuniary benefits shall attach to such honorary rank.

TITLE IV

WORKING CONDITIONS OF OFFICIALS

CHAPTER 1

Hours of work

Article 55

►M22  

An official ►M31   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. ►M131  The appointing authority of each institution shall lay down detailed rules for the application of this paragraph after consulting the Staff Committee. ◄

 ◄

▼M131

▼M112

Article 55a

The Appointing Authority may grant such authorisation if this is compatible with the interests of the service.

▼M131

Where part-time is requested in order to take part in further training, or during the last three years before reaching pensionable age, but not before the age of 58, 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.

▼M112

▼M112

Article 55b

An 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.

▼B

Article 56

An official may not be required to work overtime except in cases of urgency or exceptional pressure of work; night work, and all work on Sundays or public holidays, may be authorised only in accordance with the procedure laid down by the appointing authority. ►M23  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 ►M112  function group AD, and in function group AST 5 to 11. ◄ shall carry no right to compensation or remuneration.

▼M131

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

▼M22

Article 56a

An official ►M30  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.

▼M131

After consulting the Staff Regulations Committee, the Commission shall determine, by means of delegated acts in accordance with Articles 111 and 112, the categories of officials entitled to such allowances, the conditions for granting the allowances and the rates thereof.

▼M22

The normal working hours of an official on shiftwork must not exceed the annual total of normal working hours.

Article 56b

An official ►M31   paid from appropriations in the research and investment budget and employed in an establishment of the Joint Research Centre oron indirect action ◄ ►C21  shall be entitled to special allowances when regularly 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. ◄

▼M131

After consulting the Staff Regulations Committee, the Commission shall determine, by means of delegated acts in accordance with Articles 111 and 112, the categories of officials entitled to such allowances, the conditions for granting the allowances and the rates thereof.

▼M112

Article 56c

Special allowances may be granted to certain officials to compensate for particularly arduous working conditions.

▼M131

After consulting the Staff Regulations Committee, the Commission shall determine, by means of delegated acts in accordance with Articles 111 and 112, the categories of officials entitled to the special allowances, the conditions for granting such allowances and the rates thereof.

▼B

CHAPTER 2

Leave

Article 57

Officials 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 ►M131  appointing authorities of the institutions ◄ of the ►M128  Union ◄ , 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.

▼M131

Article 58

Pregnant women shall, in addition to the leave provided for in Article 57, be entitled on production of a medical certificate to 20 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 child with a disability or serious illness, the duration shall be 24 weeks. Premature birth for the purposes of this provision is a birth taking place before the end of the 34th week of pregnancy.

▼B

Article 59

▼M112

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.

In cases of dispute, the procedure laid down in the fifth to seventh subparagraphs of paragraph 1 shall apply.

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 59a

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

▼B

Article 60

Except 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 3

Public holidays

▼M131

Article 61

Lists of public holidays shall be drawn up by agreement between the appointing authorities of the institutions of the Union after consulting the Staff Regulations Committee.

▼B

TITLE V

EMOLUMENTS AND SOCIAL SECURITY FOR OFFICIALS

CHAPTER 1

Remuneration and expenses

Section 1

REMUNERATION

Article 62

In 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.

▼M131

Article 63

Officials’ remuneration shall be expressed in euros. It shall be paid in the currency of the country in which the official performs his duties or in euros.

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 Union on 1 July of that year.

Every year the exchange rates shall be updated retroactively at the time of the annual update of remuneration provided for in Article 65.

Article 64

An 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.

The correction coefficients shall be created or withdrawn as well as annually updated in accordance with Annex XI. With respect to the update, all values shall be understood as reference values. The Commission shall publish the updated values within two weeks after the update in the C series of the Official Journal of the European Union for information purposes.

No correction coefficient shall be applicable in Belgium and Luxembourg, having regard to the special referential role of those places of employment as principal and original seats of most of the institutions.

Article 65

The amounts referred to in the second and third paragraphs of Article 42a, Articles 66 and 69, Articles 1(1), 2(1), 3(1) and (2), 4(1), 7(2), 8(2), 10(1) of Annex VII and Article 8(2) of Annex XIII, and in the former Article 4a of Annex VII to be updated in accordance with Article 18(1) of Annex XIII, the amounts referred to in Article 24(3), the second subparagraph of Article 28a(3), Articles 28a(7), 93, 94, the second subparagraph of Article 96(3) and Articles 96(7), 133, 134 and 136 of the Conditions of Employment of Other Servants, the amounts referred to in the first subparagraph of Article 1(1) of Council Regulation (ECSC, EEC, Euratom) No 300/76 ( 11 ) and the coefficient for the amounts referred to in Article 4 of Council Regulation (EEC, Euratom, ECSC) No 260/68 ( 12 ) shall be updated annually in accordance with Annex XI. The Commission shall publish the updated amounts within two weeks after the update in the C series of the Official Journal of the European Union for information purposes.

▼M78

Article 65a

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

▼M3

Article 66

▼M131

Basic monthly salaries are for each grade and step in function groups AD and AST as provided in the following table:

▼M153

▼M131

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

▼M153

▼M131

Article 66a

▼B

Article 67

▼M16

▼M23

▼M131

▼M56

Paragraphs 2 and 3 shall apply where family allowances are paid to such a person.

▼B

Article 68

▼M23

The 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.

▼M112

Article 68a

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

▼B

Article 69

▼M16

The expatriation allowance shall be equal to 16 % of the total of the basic salary, ►M25  household allowance ◄ and dependent child allowance to which the official is entitled. The expatriation allowance shall be not less than ►M153  EUR 633,60 ◄ per month.

▼M112

Article 70

In 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.

▼M112 —————

▼B

Section 2

EXPENSES

Article 71

An 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 2

Social security benefits

Article 72

▼M56

▼M112

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 ►M131  appointing authorities of 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.

▼M56

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.

▼M23

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.

▼M56

▼M112

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 ►M128  Union ◄ ►M131  until pensionable age ◄ , 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.

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.

▼M112

▼B

▼M23

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 ►M128  Union ◄ .

▼B

Article 73

Such rules shall specify which risks are not covered.

Reimbursement shall, however, only be made where the amount paid to the officials under Article 72 does not fully cover the expenditure incurred.

▼M62 —————

▼B

Article 74

▼M39

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.

▼B

▼M39

▼M56

Article 75

In 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.

▼B

Article 76

Gifts, 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 of ►M112  a disability or ◄ family circumstances.

▼M112

Article 76a

A surviving spouse who has a serious or protracted illness or who is disabled may receive financial aid increasing the pension from the ►M131  appointing authorities of the institutions ◄ 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.

▼B

CHAPTER 3

▼M112

Pensions and invalidity allowance

▼M131

Article 77

An 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 pensionable age, 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. 1,80 % of that 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 Treaty on European Union or the Treaty on the Functioning of the European Union, the elected President of one of the institutions or organs of the Union or the elected Chairman of one of the political groups in the European Parliament, the entitlement 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 the 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 of service.

The pensionable age shall be 66 years.

The pensionable age shall be assessed every five years starting on 1 January 2014 on the basis of a report by the Commission to the European Parliament and to the Council. The report shall examine, in particular, the evolution of pensionable age for staff in the civil services of the Member States and the evolution of life expectancy of officials of the institutions.

Where appropriate, the Commission shall make a proposal amending the pensionable age in line with the conclusions of that report, paying particular attention to developments in the Member States.

Article 78

An 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 66 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.

▼B

Article 79

The ►M112  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 ►M5  60 % ◄ of the retirement or disability pension which was paid to ►M112  the deceased ◄ , or which, irrespective of length of service ►M62  or 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 ►M112  surviving spouse ◄ of an official who has died while in one of the administrative statuses specified in Article 35, ►M62   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 ►M23  35 % ◄ of the last basic salary received by the official.

▼M62

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 ►M112  the fifth paragraph of Article 78 ◄ .

▼M112 —————

▼B

Article 80

▼M112

Where 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.

▼B

The same pension entitlement shall apply to children who fulfill the above conditions in the event of the death or remarriage of the ►M62  spouse in receipt of ◄ a survivor's pension.

▼M23

Where an official or person entitled to ►M112  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.

▼M112

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.

▼M112

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.

▼M131

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 Council Regulation (EEC, Euratom, ECSC) No 259/68 ( 13 ), Article 3 of Council Regulation (Euratom, ECSC, EEC) No 2530/72 ( 14 ) or Article 3 of Council Regulation (ECSC, EEC Euratom) No 1543/73 ( 15 ) and in the event of the death of a former official who left the service before reaching pensionable age and requested that his retirement pension be deferred until the first day of the calendar month following that in which he reached pensionable age.

▼M112

Persons in receipt of an orphan's pension may not receive more than one such pension from the ►M128  Union ◄ . Where a surviving child has entitlement to more than one ►M128  Union ◄ pension, he shall receive the pension providing the higher or highest amount.

▼B

Article 81

▼M112

A 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.

▼M23

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).

▼M62

Article 81a

The second, ►M112  and third ◄ subparagraphs of Article 82 (1) shall apply to the amounts thus apportioned.

▼M112

Article 82

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.

▼M131

▼M112

▼B

Article 83

▼M131 —————

▼B

▼M112 —————

▼M112

Article 83a

▼M131

▼B

Article 84

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

CHAPTER 4

Recovery of overpayments

Article 85

▼M23

Any 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.

▼M112

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.

▼M62

CHAPTER 5

Subrogation in favour of the ►M128  Union ◄

Article 85a

▼B

TITLE VI

DISCIPLINARY MEASURES

Article 86

▼M112

▼M112 —————

▼B

TITLE VII

APPEALS

Article 90

▼M23

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.

▼M112 —————

▼M112

Article 90a

Any 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 90b

Any 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 90c

Requests 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.

▼B

Article 91

▼C15

▼M23

▼M112

Article 91a

Any 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.

▼M131 —————

▼M128

TITLE VIIIa

SPECIAL PROVISIONS APPLICABLE TO THE EEAS

Article 95

For the purposes of the application of Article 43 the Commission shall be consulted.

Article 96

Notwithstanding Article 11, a Commission official working in a Union delegation shall take instructions from the Head of Delegation in accordance with the latter’s role as provided for in Article 5 of Council Decision 2010/427/EU of 26 July 2010 establishing the organisation and functioning of the European External Action Service ( 16 ).

An EEAS official who has to carry out tasks for the Commission as part of his duties shall take instructions from the Commission with regard to those tasks, in accordance with Article 221(2) of the Treaty on the Functioning of the European Union.

The detailed arrangements for implementing this Article shall be agreed between the Commission and the EEAS.

Article 97

Until 30 June 2014, with regard to those officials who have been transferred to the EEAS pursuant to Decision 2010/427/EU, by way of derogation from Articles 4 and 29 of these Staff Regulations and under the conditions set out in Article 7(1) thereof, the Appointing Authorities of the institutions concerned may in exceptional cases, acting by common agreement and solely in the interest of the service, after having heard the official concerned, transfer such an EEAS official from the EEAS to a vacant post of the same grade in the General Secretariat of the Council or in the Commission without notifying the staff of the vacant post.

Article 98

However, in exceptional cases and after having exhausted the possibilities to recruit in accordance with these provisions, the Appointing Authority may decide to recruit from outside the sources listed in the first sentence of the first subparagraph technical support staff at AD level necessary for the good functioning of the EEAS, such as specialists in the areas of crisis management, security and IT.

As from 1 July 2013, the Appointing Authority shall also consider the applications of officials from institutions other than those referred to in the first subparagraph without giving priority to any of those categories.

Article 99

Pending the establishment of the Disciplinary Board for the EEAS, the two additional members referred to in Article 5(2) of Annex IX shall be appointed from amongst EEAS officials. The Appointing Authority and the Staff Committee referred to in Articles 5(5) and 6(4) of Annex IX shall be those of the EEAS.

▼M128

TITLE VIIIb

▼M67

SPECIAL AND EXCEPTIONAL PROVISIONS APPLICABLE TO OFFICIALS SERVING IN A THIRD COUNTRY

Article 101a

Without 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.

▼B

TITLE IX

TRANSITIONAL AND FINAL PROVISIONS

CHAPTER 1

Transitional provisions

▼M112 —————

▼M23 —————

▼M62 —————

▼M112 —————

▼M112

Article 107a

Transitional provisions are set out in Annex XIII.

▼M23 —————

▼B

CHAPTER 2

Final provisions

▼M131

Article 110

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

By way of derogation, an agency may, before the expiry of the nine-month period referred to in the second subparagraph of this paragraph and after consulting its Staff Committee, submit to the Commission for its agreement implementing rules which are different from those adopted by the Commission. Under the same conditions, an agency may request the agreement of the Commission to the non-application of certain of those implementing rules. In the latter case, the Commission may, instead of accepting or rejecting the request, require the agency to submit for its agreement implementing rules which are different from those adopted by the Commission.

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

An agency may also, after consulting its Staff Committee, submit to the Commission for its agreement implementing rules which concern subjects other than the implementing rules adopted by the Commission.

For the purposes of the adoption of implementing rules, the agencies shall be represented by the management board or the equivalent body referred to in the Union act establishing them.

▼M131

Article 111

The Commission shall be empowered to adopt delegated acts in accordance with Article 112 concerning certain aspects of working conditions, certain aspects of the implementation of the rules on remuneration and the social security scheme.

Article 112

Article 113

The Commission shall, by 31 December 2020, submit a report to the European Parliament and to the Council assessing the functioning of these Staff Regulations.

▼M112

▼B

▼M112

---

ANNEX IVa

Part-time work

Article 1

The request for authorisation to work part time shall be submitted by the official through the official's immediate superior at least two months before the requested date, except in duly justified urgent cases.

Authorisation may be granted for a minimum of one month and a maximum of three years, without prejudice to the cases referred to in Article 15 and ►M131  point (g) of Article 55a(2). ◄

The authorisation may be renewed on the same terms. Applications for renewal shall be made by the official concerned at least two months before expiry of the period for which the authorisation was granted. Part-time work may not be less than half the normal working time.

A period of part-time work shall start on the first day of a month, except in duly justified cases.

Article 2

The Appointing Authority may, at the request of the official concerned, withdraw the authorisation before expiry of the period for which it is granted. The date of withdrawal may not be more than two months after the date proposed by the official or four months after that date if the part-time work was authorised for more than one year.

The Appointing Authority may, in exceptional cases and in the interests of the service, withdraw the authorisation before the expiry of a period for which it is granted, giving the official two months' notice.

Article 3

An official shall be entitled, during the period for which part-time work is authorised, to a percentage of his remuneration corresponding to the percentage of the normal time worked. However, the percentage shall not be applied to the dependent child allowance, the basic amount of the household allowance or the education allowance.

Contributions to the sickness insurance scheme shall be calculated by reference to the basic salary payable to an official working full time. Contributions to the pension scheme shall be calculated by reference to the basic salary received by an official working part time. The official may also request that contributions to the pension scheme be calculated by reference to the basic salary payable to an official working full time, in accordance with Article 83 of the Staff Regulations. Acquired pension rights, for the purposes of Articles 2, 3 and 5 of Annex VIII, shall be calculated in proportion to the percentage of contributions paid.

During the period of part-time work, the official may not work overtime or engage in any gainful activity, other than an activity in accordance with Article 15 of the Staff Regulations.

Article 4

Notwithstanding the first sentence of the first paragraph of Article 3, ►M131  officials authorised, in accordance with point (g) of Article 55a(2) of the Staff Regulations, to work half time ◄ shall receive a reduced basic salary equal to the higher of the two amounts obtained by applying the following percentages to the full-time basic salary:

Officials who make an application under this Article shall be required, when they cease to work half-time, either to retire or to repay the amount exceeding 50 % of the basic salary received during the period of half-time work.

Article 5

The Appointing Authority may lay down detailed rules for the application of these provisions.

▼B