12.9.2005

EN

Official Journal of the European Union

L 235/28

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STAFF REGULATIONS OF THE EUROPEAN UNION SATELLITE CENTRE  (1)

PRELIMINARY REMARKS

PREAMBLE

Article 1

TITLE I —   GENERAL PROVISIONS

Article 2 —

Provisions applicable to all staff members

Authority

Declaration

Conduct

Financial responsibility

Security

TITLE II —   STATUS OF STAFF MEMBERS

CHAPTER I —   GENERAL PROVISIONS

Article 3 —

General provisions applicable to staff members

Privileges and immunities

Assistance and compensation

Proprietary rights

External activities

Candidacy for public or political office

CHAPTER II —   RECRUITMENT AND CONTRACTS

Article 4 —

Recruitment

Article 5 —

Age limit for employment

Article 6 —

Medical examinations

Article 7 —

Contracts and length of contracts

Initial contracts

Probationary period

Termination of contracts

Compensation for loss of job

Reduced notice of termination

CHAPTER III —   SALARIES AND ALLOWANCES

Article 8 —

General provisions

Article 9 —

Basic salary

Article 10 —

Expatriation allowance

Article 11 —

Family and social allowances

Household allowance

Children's and other dependants' allowance

Education allowance

Handicapped children's and other dependants' allowance

Rent allowance

Transport allowance

Article 12 —

Extra duties allowance

Article 13 —

Installation allowance

Article 14 —

Deductions

Internal tax

Contributions to pension scheme

Contributions to supplementary insurance scheme

Article 15 —

Salary advances and reimbursement

CHAPTER IV —   TRAVEL COSTS

Article 16 —

Installation and departure

Article 17 —

Removal expenses

Article 18 —

Travel on duty

CHAPTER V —   INTERNAL ORGANISATION

Article 19 —

Hours of work

Article 20 —

Public holidays

Article 21 —

Leave

Article 22 —

Home leave

Article 22a —

Special leave

CHAPTER VI —   REPORTS AND PROMOTION

Article 23 —

General provisions

Article 24 —

Procedure

Article 25 —

Follow-up action on reports

CHAPTER VII —   DISCIPLINARY MEASURES

Article 26 —

Definitions

Article 27 —

Compensation for damage

Article 28 —

Notification of complaints

Article 29 —

Disciplinary Board

CHAPTER VIII —   APPEALS AND APPEALS BOARD

Article 30 —

Appeals

CHAPTER IX —   PENSION SCHEMES

Article 31

TITLE III —   PROVISIONS APPLICABLE TO TEMPORARY STAFF

Article 32 —

Statutory provisions

Article 33 —

Contracts

Article 34 —

Remuneration

Article 35 —

Special provisions

TITLE IV —   PROVISIONS APPLICABLE TO EXPERTS AND SECONDED EXPERTS

Article 36 —

Statutory and financial provisions

Article 37 —

Representation of staff

ANNEX I

INDEMNITY FOR LOSS OF JOB

ANNEX II

EXPATRIATION ALLOWANCE

ANNEX III

CHILDREN AND OTHER DEPENDANTS

ANNEX IV

HANDICAPPED DEPENDANTS

ANNEX V

RENT ALLOWANCE

ANNEX VI

TRAVEL COSTS AND REMOVAL EXPENSES

ANNEX VII

OFFICIAL DUTY EXPENSES

ANNEX VIII

SICK LEAVE, MATERNITY LEAVE AND OTHER SPECIAL LEAVE

ANNEX IX

COMPOSITION AND PROCEDURES OF DISCIPLINARY BOARDS

ANNEX X

APPEALS BOARD

PRELIMINARY REMARKS

The Staff Regulations of the European Union Satellite Centre have been drawn up in parallel with those of the Institute for Security Studies, which explains the considerable similarities between the two texts. However, it must be stressed that there are differences, owing to certain specific features of the Centre.

The Centre is an operational body, which explains for instance why staff members must, in exceptional cases assume responsibility at a higher level than that warranted by their posts or why they have to work outside ‘normal’ working hours.

The particular location of the Centre, in a military airbase in the host country, is the second factor which justifies certain differences, particularly as regards security and transport.

PREAMBLE

The Satellite Centre is an agency of the European Union, affiliated to the Coordinated Organisations.

Article 1

These Regulations define the status, rights, duties and responsibilities of the members of the staff of the European Union Satellite Centre, hereinafter referred to as ‘the Centre’.

The staff of the Centre comprises natural persons who hold contracts as staff members or temporary staff. Paid experts and trainees are subject to specific provisions listed in Title IV.

The Director of the Centre is authorised to make such amendments to these Regulations as prove necessary, with the assent of the Board.

These Regulations shall apply to all staff members except where the Board has taken decisions to the contrary in respect of hors grade personnel.

TITLE I

GENERAL PROVISIONS

Article 2

Provisions applicable to all staff members

Staff members shall be subject to the authority of the Director and responsible to him for the performance of their duties, which they shall undertake to carry out as scrupulously and conscientiously as possible.

On accepting engagement with the European Union Satellite Centre each staff member shall subscribe to the following declaration:

Staff members shall conduct themselves at all times in a manner compatible with their status as representatives of the European Union Satellite Centre. They shall abstain from any action or activity that may in any way undermine the dignity of their position or the good name of the Centre.

Staff members may be required to reimburse the Centre, either partly or in full, any financial loss suffered by it owing to their negligence, or because they have deliberately violated any regulation or procedure approved by the Board or the Director.

Staff members shall, on engagement, acquaint themselves with the Centre's security regulations. They shall sign a declaration whereby they acknowledge their disciplinary and financial responsibility in the event of non-compliance with those regulations.

(a)

All staff members, including seconded experts and seconded experts from third-States, may be required to have security clearance giving them access to classified documents in the course of their duties. A request for such clearance will be addressed to the competent authorities by the Centre's Security Officer. Pending official clearance, temporary clearance may be granted by the Director.

(b)	Staff members shall inform the Security Officer immediately in the event of the suspected loss or compromise of a classified document.

TITLE II

STATUS OF STAFF MEMBERS

CHAPTER I

GENERAL PROVISIONS

Article 3

General provisions applicable to staff members

Staff members of the Centre are natural persons holding contracts as defined in Chapter II below, and occupying budget posts listed in the table of staff annexed each year to the Centre's budget.

The privileges and immunities conferred on staff members are accorded in the interests of the European Union Satellite Centre and not for their personal convenience. They must not be used to avoid private obligations, or as an excuse for failure to observe the laws or police regulations of the host State.

In any incident where these privileges and immunities are involved, the staff member concerned shall immediately report the incident to the Director. In the event of infringement of local legislation, the Director may decide to waive the privileges or immunities if he deems this necessary.

The Centre shall provide assistance to staff members who, by reason of their current appointment or duties at the Centre, and through no fault of their own, are subject to threats, insults, defamation or attack. Compensation for any material damage sustained may be granted provided that:

—	the staff members have not wilfully or through negligence provoked the damage in question,

—	no redress has been obtained,

—	staff members make over to the Centre any claims they may have against a third party, in particular insurance companies.

All decisions in this matter that could involve action or payments by the Centre shall be taken by the Director, who has a discretionary power in assessing the circumstances of the case, what form the assistance should take and what compensation, if any, should be granted.

All rights, including title, copyright and patent rights, in any work carried out by a staff member in the performance of his official duties, shall be vested in the Centre.

Vis-à-vis outside organisations and persons, staff members shall obtain the prior approval of the Director if they wish to:

—	make any public statement, in particular to any public information body, concerning the Centre's activities,

—	give lectures or engage in teaching activities directly connected with their work at the Centre,

—	accept fees or remuneration for the aforesaid activities,

—	accept decorations or honours, or any material advantages associated with these.

(a)	Staff members who for personal reasons wish to stand for public or political office shall notify the Director of this intention.

(b)	Any staff member who stands for public or political office shall be given unpaid leave starting on the date he declares that he is beginning his electoral campaign.

(c)	If elected, the staff member shall request termination of his contract. Such termination shall not carry any entitlement to loss-of-job indemnity.

(d)	If he does not accept the public or political office, the staff member shall be entitled to resume his appointment with the same salary and seniority from which he benefited at the time his unpaid leave began.

(e)	Time spent on unpaid leave shall not count towards seniority or pension rights. During his leave the staff member may be replaced by temporary staff.

CHAPTER II

RECRUITMENT AND CONTRACTS

Article 4

Recruitment

1.   Offers of employment shall be made by the Director, except in respect of the post of Director. The Centre shall be responsible for publishing vacant posts.

2.   Candidates under 18 or over 60 years of age will not normally be considered for engagement.

3.   Candidates closely related by blood or marriage to a staff member will not normally be selected for engagement. Exceptions may be authorised by the Director, provided that neither of the persons concerned serves in a capacity subordinate to the other.

4.   Recruitment of staff members shall be limited to nationals of the Member States of the European Union.

5.   Staff members shall be engaged at the lowest step of the grade of the post for which they are selected. However, the Director may grant a higher step where this is justified.

6.   The Director shall determine which posts are to be filled by examination or competition, and shall lay down the tests for engagement which candidates for such posts will be required to pass. Examining or selection boards shall be chosen by the Director from among the staff of the Centre, to which he may add an external examiner.

7.   The travel and accommodation costs of candidates invited to the Centre for interview or examination shall be met on the same conditions as those applying to staff members travelling on duty (2).

Article 5

Age limit for employment

The age limit for employment is set at the end of the month in which the staff member reaches the age of 65. The Director may authorise extensions up to a maximum of 12 extra months.

Article 6

Medical examinations

1.   Engagement of staff members shall be subject to a statement from a doctor approved by the Centre certifying that the candidate is physically fit for employment with the Centre and for the duties of his post, and that he is free from any disability or disease that would represent a risk to other staff members.

2.   Staff members shall be required to undergo a medical examination each year.

3.   The doctor approved by the Centre shall provide expert advice to the Director on the unsuitability of any staff member to continue to occupy his post.

4.   If the results of an annual or other medical examination show that a staff member is no longer able to carry out his duties, his contract shall be terminated within three months and a medical board shall be convened to establish his entitlement to invalidity pension.

Article 7

Contracts and length of contracts

Apart from specific provisions applicable to the Director, initial contracts given by the Centre shall be for three years. These contracts may be renewed by the Director for the same or shorter periods, with the staff member's agreement.

The first six months of initial contracts shall be a probationary period beginning on the date of entry into service.

During that period, contracts may be terminated, without any right to loss-of-job indemnity, with one month's notice given by the Centre or the staff member.

At the end of the probationary period, or earlier, the staff member shall receive notice in writing that his contract is confirmed or terminated.

The probationary period shall form an integral part of the period of the initial contract. It shall count towards seniority and pension rights.

In the situations provided for in Annex I, contracts may be terminated or not renewed by the Centre or the staff member himself:

(a)

By the Centre, (i) with six months' notice: — as a result of the suppression of the budget post occupied by the staff member, — through a change in the nature or functions pertaining to the post, — because of the professional inadequacy of the staff member, duly recorded in two successive annual reports, or — through physical unfitness of the staff member that has occurred while serving. (ii) with a maximum of one month's notice, following any disciplinary procedures that have established a misdemeanour or responsibility of the staff member as defined in Chapter VII below.

(b)	By the staff member, with three months' notice for any personal reasons that he is not required to state.

Other than for disciplinary reasons, the termination or non-renewal of a contract by the Centre shall entail:

1.	for staff members with more than 10 years' service, the settlement of deferred pension rights, accompanied by the payment of a loss-of-job indemnity under the conditions set out in Annex I;

2.	for staff members with less than 10 years' service, the payment of a leaving allowance, with loss-of-job indemnity for staff members whose contracts have been prematurely terminated, under the conditions set out in Annex I;

3.	for staff members whose contracts have been terminated for reasons of physical unfitness and whose permanent invalidity has been established by an ad hoc medical board, the granting of invalidity under the conditions laid down in the Pension Scheme Rules.

The termination or non-renewal of a contract by a staff member shall not entitle him to loss-of-job indemnity (3).

If the interests of the service so require, the period of notice stipulated at paragraph 3(a) above may be reduced; in that case the staff member concerned shall be entitled to the payment of an additional sum representing the salary and allowances that he would have received if the actual date of expiry of his contract had coincided with the end of a six-month period of notice.

These provisions shall not apply in the case of termination for disciplinary reasons.

CHAPTER III

SALARIES AND ALLOWANCES

Article 8

General provisions

The remuneration paid to members of the staff of the Centre shall include basic salary, expatriation allowance, and family and social allowances.

Contributions and deductions shall be made from these emoluments in respect of internal tax, the pension scheme and social welfare.

Staff members' current accounts shall be credited with the amount due during the last working week of the month.

Changes in staff members' personal circumstances that may have financial consequences shall be taken into account for the remuneration of the month during which changes are notified to the Centre's administrative section; changes to remuneration already paid may not be made.

All over-payments shall be reimbursed by the staff member to the Centre.

Article 9

Basic salary

Net basic salary shall be the amount shown for the grade and step of a staff member in the scales approved each year by the Board.

Gross basic salary shall correspond to net basic salary plus the internal tax due from the staff member.

Article 10

Expatriation allowance

This allowance shall be paid to staff members in A, L and B grades who, at the time of their first appointment, were not nationals of the State in whose territory their permanent place of duty is situated and who had not been continuously resident in that State's territory for three years.

This allowance shall cease to be payable if a staff member is transferred to the country of which he is a national.

The amount of the allowance shall be calculated in accordance with Annex II.

Where a staff member is appointed by the Centre immediately after having been employed in the country where he performs his duties by another international organisation or administration, years of service with his previous employer shall be taken into account when calculating entitlement to the allowance and the amount.

Article 11

Family and social allowances

These allowances shall be added to basic salary monthly.

This allowance:

(a)	shall be paid to any staff member who is married, widowed, divorced, legally separated or single and has at least one dependant within the meaning of Annex III to these Regulations;

(b)	shall be equal to 6 % of net basic salary;

(c)

in the case of a married staff member who has no dependants but whose spouse is gainfully employed, the allowance payable shall be the difference between the net basic salary for grade B3 step 1 plus the allowance to which the staff member would be entitled in theory, and the earned income of the spouse. If the latter amount is equal to or greater than the former, no allowance shall be payable;

(d)	shall not be paid to a staff member whose spouse is a member of an international organisation and has a higher basic salary than the staff member.

This allowance:

(a)	shall be paid to staff members who mainly and continuously maintain either a legally recognised child or another member of their family by virtue of a legal or judicial obligation, or a child who has lost both parents and for whom they have assumed responsibility;

(b)	shall be a fixed amount for each dependant, set each year in the scales approved by the Board;

(c)	where both spouses work for international organisations, shall be paid to whichever of them is in receipt of household allowance or equivalent;

Definitions and the conditions under which this allowance is granted are set out in Annex III.

Staff members who are entitled to household allowance, and whose dependant children, as defined in Annex III are in full-time primary, secondary or higher education (4), shall be entitled to an annual education allowance. The allowance shall be equal to twice the amount of the dependant child's allowance, and shall be payable for each child in one sum at the beginning of the school year. The staff member concerned shall provide to the administrative section all supporting evidence of expenditure at the beginning of each school year.

(a)	An allowance for handicapped children or dependants shall be paid to staff members who are primarily and continuously responsible for their care. The child or dependant must fulfil the criteria and conditions set out in Annex III.

(b)	The details of allocation and payment of the allowance are given in Annex IV.

(a)

This allowance shall be paid monthly to grade B, C, A1, A2, L1 and L2 staff members who are tenants or sub-tenants of accommodation and who pay a rent — excluding service charges considered to be the liability of the tenant in the country of residence — that exceeds a specified proportion of their emoluments.

(b)	The method of calculating the allowance is set out in Annex V.

(c)	Staff members in receipt of rent allowance shall inform the Head of Administration and Personnel immediately of any change in their circumstances that could affect their eligibility for the allowance.

(d)	The allowance shall not be paid to staff members: — who receive a similar national benefit from the government of which they are nationals, — whose spouse receives a similar allowance from another international organisation.

Since the duty station is remote from residential areas and the Satellite Centre is located in a military base which is not served by public transport, staff of the Centre shall receive a flat-rate monthly transport allowance. The amount of the allowance shall be set by the Director at the beginning of each calendar year.

Article 12

Extra duties allowance

(a)

An extra duties allowance may be granted by the Director to staff members who are required, in the interests of the service, to assume temporarily part or all of the responsibilities of a staff member of a higher grade. The allowance shall be paid on the basis of the remuneration of two additional steps in the grade of the staff member and shall not take effect until the Director has confirmed the staff member's extra duties and the staff member has completed one month's continuous service in the higher grade post. The allowance shall be due from the actual date on which that service began.

(b)

An allowance for additional responsibility may be attached to certain posts on a case-by-case basis by the Director if the staff member has to assume responsibility for managing a team of staff members of the same grade as his own. The maximum amount of such allowance shall be set by the Director at the beginning of each calendar year.

Article 13

Installation allowance

1.   An installation allowance shall be paid to staff members whose place of residence was more than 100 kilometres from their duty station at the time they accepted employment with the Centre.

2.   The amount of the allowance shall be 30 days' basic salary.

3.   Installation allowance shall be paid in advance to the staff member when he assumes his duties at the Centre.

4.   Staff members shall be required to reimburse half the installation allowance if they leave their appointment of their own accord before two years have elapsed.

5.   The Director may authorise an exception to the provisions governing reimbursement where their strict application might cause special hardship.

Article 14

Deductions

Internal tax shall amount to 40 % of the basic salary in respect of a given grade and step. This sum shall be added to net basic salary to give gross basic salary. This sum shall be shown as a monthly deduction on pay slips.

A monthly deduction as approved by the Coordinated Organisations for the pension scheme applied to staff members and corresponding to a percentage of net basic salary shall be made from staff members' emoluments and paid into the Centre's pensions budget.

A monthly deduction in respect of supplementary insurance shall be made from staff members' emoluments. The percentage shall be determined, at the beginning of the year for the following 12 months, by agreement between the Centre and the insurance company operating the scheme. The amount deducted shall be added to the employer's contribution and paid at the end of the year to the company providing this insurance.

Article 15

Salary advances and reimbursement

1.   Unless decided otherwise by the Director, the Centre's Head of Administration and Personnel may, depending on available cash resources, authorise interest-free advances to members of the staff who can justify this need.

2.   The amount of this advance shall not exceed three months' net basic salary.

3.   Such advances shall be repaid by monthly deductions from staff members' emoluments; repayment must be completed within ten months of the end of the month in which the advance was granted.

CHAPTER IV

TRAVEL COSTS

Article 16

Installation and departure

1.   Staff members shall be entitled to reimbursement of travel costs for the journey from their previous place of duty to the location of the Centre, in respect of themselves and members of their family living with them.

2.   The same entitlement shall apply when staff members leave the service of the Centre and return to the country where they were in post before joining the Centre.

3.   Reimbursement shall be made in accordance with the provisions of Annex VI, Section I of these Regulations.

Article 17

Removal expenses

1.   Staff members shall be entitled to reimbursement of the costs of removal from their previous place of duty to the location of the Centre.

The same entitlement shall apply when staff members leave the service of the Centre and return to the country where they were in post before joining the Centre.

2.   Reimbursement of costs shall cover removal of staff members' personal household effects, excluding motor cars, boats or other forms of transport, up to the limits, in weight and volume, set out in Annex VI.

Reimbursement shall be made directly by the Centre, on production of the bill by the removal firm.

Article 18

Travel on duty

Members of the staff of the Centre shall be entitled to reimbursement of expenses incurred in connection with travel on official duty ordered by the Director (5).

Reimbursement shall concern travel costs proper plus accommodation and associated costs in the places to which staff members are sent. The conditions, rates and other details of reimbursement are set out in Annex VII.

CHAPTER V

INTERNAL ORGANISATION

Article 19

Hours of work

(a)	The normal working hours for staff members shall be 40 hours per week, to be completed in accordance with a general schedule set by the Director.

(b)	Flexible working hours may be agreed by the Director in accordance with staff members' personal circumstances or the constraints of their particular work.

(c)

Overtime. Overtime worked by staff members outside the normal working hours specified in (a) shall entitle them to time off in lieu or overtime pay. However, only overtime worked with the prior agreement of the relevant head of division/department shall be regarded as overtime. Every effort shall be made to keep overtime to a minimum. Overtime worked shall entitle the staff concerned: (i) to time off in lieu; or (ii) where such time off cannot be granted owing to the requirements of the service, to overtime pay calculated at the rate of 133 % of basic salary.

(d)

Night work Hours worked between 20.30 and 7.00 shall be paid at night work rates; however, if such hours are worked without a break following a day's work, they shall not be regarded as night work unless they extend into the abovementioned period by more than 1 hours. Hours of night work not exceeding the number set out in (a) shall give entitlement to additional remuneration at the rate of 50 % of basic salary. Overtime worked at night shall be paid at the rate of 150 % of overtime worked by day.

(e)	If exceptional circumstances, decided at the discretion of the Director, so require, some staff members may be required to work at a weekend. In such cases, the hours worked shall give an entitlement to equivalent time off, in agreement with the Head of Administration and Personnel.

(f)	Overtime or night work by officials in grades A4, L4 and above shall carry no right to compensation or remuneration.

Article 20

Public holidays

The list of public holidays shall be drawn up by the Director on the basis of the official list of public holidays published in the Boletin Oficial del Estado (BOE).

These public holidays shall not be deducted from staff members' annual leave entitlement.

If one of these days falls on a Saturday or Sunday, the Director may designate another day in lieu.

Article 21

Leave

Staff members shall be entitled to paid annual leave at the rate of 2,5 working days for each month of service completed. This entitlement shall apply each calendar year.

Staff members recruited between 1 April and 30 July shall be entitled to an advance of 15 days' leave from their annual entitlement if the leave is to be taken after the latter date.

If on 31 December a staff member has, owing to the exigencies of his work, an unexpended period of leave due, the Director or his delegate may authorise the carrying forward of all or part of the unexpended leave to the following year. Any entitlement carried forward but not taken by 31 March shall be cancelled.

Staff members wishing to take leave within their entitlement as defined in (a), must obtain the prior authorisation of the Director.

A record of leave taken is kept by the Centre's administrative section. The procedure to be followed shall be set out in an internal memorandum signed by the Director.

Leave unexpended at the time staff members depart from the Centre shall be cancelled. However, if the Director certifies in writing that, owing to the exigencies of work, it was impossible for a staff member to take all his leave, the staff member shall be entitled to a payment of one thirtieth of his monthly net basic salary for each day of leave so accumulated.

If requested by a staff member, the Director may grant additional, unpaid leave up to a limit of 15 consecutive days.

This does not affect either seniority or pension rights.

However, the full deductions in respect of pensions and social welfare will be made as if the staff member had been paid normally for the period of unpaid leave.

Special leave shall be granted, in addition to annual leave, for illness, maternity or exceptional circumstances.

Details and the procedures to be followed are given in Annex VIII.

Article 22

Home leave

(a)

Staff members who are entitled to expatriation allowance shall be eligible for home leave, except for those staff members who, when appointed, held solely the nationality of the country of employment. 1. Home leave shall amount to 8 working days every two years, plus travelling time calculated on the basis of the fastest method of transport; 2. Home leave may be taken six months before the end of the period to which it relates. If it is not taken within six months after the end of the period to which it relates, it shall be cancelled with respect to that two-year period. The date on which home leave is actually taken, for any given two-year period, shall not affect the date on which the next home leave is to be taken; 3. Where a husband and wife are both employed by the Centre and where both are entitled to home leave, it shall be granted in accordance with the following conditions: (i) where both have their home in the same country, each shall be entitled to home leave in that country every two years; (ii) where their homes are in two different countries, each shall be entitled to home leave in his or her respective country every two years; (iii) the couple's dependant children and, if appropriate, the person accompanying those children, shall be entitled to only one period of home leave every two years; where the parents have their homes in two different countries, the home leave may be taken in either of those countries.

(b)

Staff members who take home leave shall be entitled, in accordance with the procedures laid down in Article 18, to payment of the return travel expenses for themselves, their children and, if they receive a household allowance, for their spouses, but not to a daily allowance for the travelling time.

(c)	Staff members who do not take their home leave shall have no entitlement to compensation.

(d)

Home leave shall be granted on the following conditions: (i) the person concerned must undertake in writing to spend the home leave in the country of his official home; (ii) the person concerned must undertake in writing not to resign from the Centre in the six months following the end of the period to which the entitlement to home leave relates (regardless of the date on which that leave is actually taken); (iii) the head of division/department must certify that he will in all probability require the services of the staff member during the period referred to in (ii).

Failure to comply with (i) will result in the staff member concerned being obliged to reimburse to the Satellite Centre all the payments received in connection with the home leave and may also result in the staff member's unexpended leave being reduced by the number of days home leave granted. The Director may decide to derogate from the provisions in (ii) and (iii) if he considers that their strict application would expose the staff member concerned to an injustice or to particular difficulties.

Article 22a

Special leave

(a)	Staff members recalled to serve in the armed forces for a period of training shall be entitled to special paid leave of a maximum of two weeks a year or four weeks every two years. Periods of recall which extend beyond these limits shall be deducted from staff members' annual leave.

(b)	If staff members receive financial compensation from the national authority which recalled them, the amount of such compensation shall be deducted from their salary.

CHAPTER VI

REPORTS AND PROMOTION

Article 23

General provisions

1.   The work of all staff members, apart from the Director, shall be evaluated once a year, at the latest by 15 December.

Reports shall comment on the relative proficiency of staff members and shall provide the opportunity to congratulate staff members or, on the contrary, warn them of shortcomings with a view to an improvement in their service.

2.   Reports shall concern the following criteria:

(a)	diligence and punctuality,

(b)	quality and speed of execution of work,

(c)	initiative,

(d)	propriety and human relations.

The entire evaluation shall be summarised on an annual report form kept in the staff member's personal file.

Article 24

Procedure

1.   The Director shall designate the staff members responsible for reporting on personnel wholly or partly subordinate to them.

2.   When all reports have been written, the Director shall convene a Promotions Board, chaired by himself, which will include all staff members who have written one or more reports. The Head of Administration and Personnel shall attend all meetings of the Promotions Board, and shall have a right to vote regarding his own subordinates and a consultative role regarding others.

3.   On the basis of the advice of the Head of Administration, the Director shall make a definitive evaluation of each staff member and have reports written that shall be signed by all members of the Promotions Board.

4.   Each staff member shall be interviewed personally by the Director, or his delegate if necessary, normally during a session of the Promotions Board. He shall be notified of his annual evaluation, and shall sign the report form, thus testifying that he has been informed of it.

5.   An annual report is an administrative measure for internal use, against which there can be no appeal to any external body.

Article 25

Follow-up action on reports

1.   An exceptionally good report may justify exceptional promotion to a higher step or even grade, provided that the budgeted post allows such promotion, or the award of a financial bonus. The maximum amount of the bonus which may be awarded shall be fixed by the Director at the beginning of each calendar year.

2.   Two successive adverse reports shall justify keeping the staff member at his present step for an additional year.

3.   Two or more adverse reports may justify non-renewal of contracts.

CHAPTER VII

DISCIPLINARY MEASURES

Article 26

Definitions

1.   Any failure by a staff member or former staff member to comply with his obligations under the Staff Regulations, whether intentionally or through negligence on his part, shall make him liable to simple, financial or statutory disciplinary action, notwithstanding the compensation he may be required to make by virtue of Article 2(4) and Article 27 of these Regulations.

(a)	Simple disciplinary measures shall include: — verbal warning, — written censure.

(b)	Financial measures shall include: — withholding of an annual salary increment.

(c)

Statutory measures shall include: — temporary suspension from duties entailing the withholding of emoluments in whole or in part, — removal from post, involving termination of contract, possibly accompanied by total or partial forfeiture of loss-of-job indemnity, and possibly accompanied by reduction or temporary suspension of benefits under the pension scheme.

Disciplinary measures shall be decided by the Director; simple disciplinary measures may be decided by the Head of Administration and Personnel, acting on behalf of the Director, except where a meeting of the Disciplinary Board is convened (6).

2.   If a charge of serious misconduct is made against a staff member, and the Director considers that the charge is prima facie well founded, and that the staff member's continuance in office pending an investigation would prejudice the Centre, the staff member concerned may be immediately suspended from his functions pending investigation, with or without pay at the discretion of the Director.

Article 27

Compensation for damage

Staff members may be required to pay compensation, either in part or in full, for any damage sustained by the Centre through their gross negligence or wilful act. Where the staff member has left the Centre, this compensation may be obtained by withholding a percentage of the benefits due under the pension scheme, up to 70 % of the pension.

Article 28

Notification of complaints

When a proposal is made that a disciplinary measure under Article 26 be taken against any staff member, he shall be notified in writing within two clear days after the request for disciplinary action has been lodged with the Director or the Head of Administration and Personnel. Such notification shall be accompanied by the documents relating to the ground of the complaint against him, together with all reports written on him.

Article 29

Disciplinary Board

Within five working days of his being notified as provided by Article 28, the staff member concerned may make a request in writing that his case be examined by a Disciplinary Board, which shall be convened by the Director within five days. The Disciplinary Board shall meet during the week following the date of issue of the convocation.

The composition and procedures of the Disciplinary Board are given in Annex IX.

The opinion of the Disciplinary Board shall not be binding upon the Director.

CHAPTER VIII

APPEALS AND APPEALS BOARD

Article 30

Appeals

Serving or former staff members, or their heirs and assigns, may appeal against decisions made by the Director. Such appeals, or procedures arising from them, shall not stay the execution of the decisions being complained of.

An internal administrative appeal is a procedure whereby a staff member who considers that he has suffered an infringement of his rights as laid down in these Regulations submits a reasoned request to the Director of the Centre to reverse the decision that he considers has infringed those rights.

The Director shall acknowledge this appeal and reply within five clear days of receipt of the request.

In the event of a negative reply, the staff member may request mediation. Such mediation is not obligatory.

The mediator shall be a qualified, independent legal expert appointed by the Director for a renewable period of three years.

He shall be provided by the Director and the staff member concerned with all documents he considers necessary for an examination of the case.

He shall submit his conclusions within 15 days of the date on which he has been apprised of the case.

These conclusions shall not be binding on either the Director or the staff member.

The costs of mediation shall be borne by the Centre if the conclusions are refuted by the Director; 50 % of the costs shall be borne by the staff member if it is he who refuses to accept the findings.

Having exhausted the possibilities of the first resort (an internal administrative appeal), staff members shall be at liberty to seek a settlement before the Centre's Appeals Board.

The composition, operation and specific procedures of that body are given in Annex X.

Decisions of the Appeals Board shall be binding on both parties. There shall be no appeal from them.

(a)	The Board may annul, or confirm, the decisions complained of.

(b)	The Board may incidentally order the Centre to compensate any material damage sustained by the staff member starting from the day the annulled decision began to have effect.

(c)

It may further rule that the Centre shall reimburse, within limits to be fixed by the Board, justified expenses incurred by the claimant, as well as expenses relating to transport and subsistence incurred by witnesses who have been heard. These expenses shall be calculated on the basis of Article 18 and Annex VII of these Regulations.

CHAPTER IX

PENSION SCHEMES

Article 31

The rules and conditions contained in the Pension Schemes Rules of the Coordinated Organisations are applied mutatis mutandis to the staff members of the Centre. The ‘New Pension Scheme (NPS) of the Coordinated Organisations’ applies mutatis mutandis to staff members taking up duty after 30 June 2005.

TITLE III

PROVISIONS APPLICABLE TO TEMPORARY STAFF

Article 32

Statutory provisions

Temporary staff are auxiliary personnel recruited in principle for short periods. They do not have the status of international staff, and are entirely subject to the laws and regulations of the host State and the State of which they are nationals.

1.   Temporary staff are employees who do not occupy budgeted posts defined in the Centre's establishment table.

2.   These employees shall be subject to the provisions of Title I and the following provisions of Title II:

—	Chapter I: Articles 3(2) (assistance and compensation), (4) (external activities) and (5) (candidacy for public or political office)

—	Chapter II: Articles 5 (age limit for employment) and 6 (medical examinations)

—	Chapter III: Article 15 (salary advances)

—	Chapter IV: Articles 17 (removal expenses) and 18 (travel on duty)

—	Chapter V: Articles 19 (hours of work) and 20 (public holidays)

—	Chapter VII: Article 27 (compensation for damage)

—	Chapter VIII: (appeals) — subject to Article 35(3)

Article 33

Contracts

Temporary staff shall be engaged for a period of 1 to 6 months. Contracts shall be renewable under the same conditions. The Centre and the temporary staff member may terminate contracts by giving 10 clear days' notice.

Article 34

Remuneration

1.   The remuneration of temporary staff shall be fixed contractually; it shall be made up of a net monthly salary excluding any additional allowances, whatever the family or social situation of the person concerned.

2.   As temporary staff do not benefit from the pension scheme, no deduction shall be made in respect of it.

3.   At the beginning of the year the remuneration of temporary staff shall be increased by the same percentage as that granted to staff members by the Board.

Article 35

Special provisions

Temporary staff may not claim reimbursement of installation or departure expenses for their families.

Temporary staff shall be entitled to one and a half days' leave per month served.

Internal disputes concerning the rights and remuneration of temporary staff shall be dealt with under the appeals procedures described in Article 30 of these Regulations.

All other disputes shall come within the jurisdiction of the ordinary courts of the host State.

TITLE IV

PROVISIONS APPLICABLE TO EXPERTS AND SECONDED EXPERTS

Article 36

Statutory and financial provisions

1.   Experts and seconded experts shall have the status of visitors to the Centre. They shall be subject to the provisions of Title I of these Regulations, with which they shall acquaint themselves on appointment.

2.   Their overall remuneration shall be fixed from the beginning of their activities at the Centre; it shall be paid in successive portions, as defined by the Director, in accordance with the results of the work for which they have been engaged or accepted.

3.   Appointed experts shall be entitled to reimbursement of travel expenses for themselves only when they arrive at the Centre and when they leave it. Exceptionally, and as decided by the Director, this reimbursement may be paid to a trainee.

4.   Seconded experts from third States shall have the status of visitors to the Centre. They shall be subject to the provisions of Title I of these Regulations, with which they shall acquaint themselves on appointment, without prejudice to the provisions of the Annex to the Council Joint Action on the establishment of a European Union Satellite Centre.

Article 37

Representation of staff

a)	A general meeting of all members of the staff, held annually, shall, in accordance with a procedure approved by the Director, elect a Staff Committee to act as the staff's executive body.

b)

The Staff Committee shall: 1. defend the professional interests of all staff of the Satellite Centre; 2. make proposals for improving the well-being of the staff; 3. make suggestions regarding social, cultural and sporting activities for the staff; 4. represent all staff members vis-à-vis staff associations of other international organisations.

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(1)  Adopted by the Council by written procedure on 21 December 2001 (OJ L 39, 9.2.2002, p. 44), pursuant to Article 9(3) of Council Joint Action No 2001/555/CFSP of 20 July 2001 (OJ L 200, 25.7.2001, p. 5) and, with regard to Title II, Chapter III, Article 14(2) and Title II, Chapter IX, amended by the Director with the assent of the Board on 15 June 2005, pursuant to Article 1(3) of the Staff Regulations. (New version replacing the previous version of 21 December 2001 (OJ L 39, 9.2.2002, p. 44)).

(2)  See Annex VII to these Regulations.

(3)  For the conditions governing entitlement and calculation of loss of job indemnity, see Annex I.

(4)  i.e. excluding nursery school or equivalent.

(5)  Such reimbursement is representative of expenses, and should not be seen as additional remuneration.

(6)  In this case, the disciplinary measure is decided by the Director himself.

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