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Document 52008AP0606

Conditions of employment of other servants of the European Communities * European Parliament legislative resolution of 16 December 2008 on the proposal for a Council regulation amending the Conditions of employment of other servants of the European Communities (COM(2008)0786 — C6-0449/2008 — 2008/0224(CNS))

IO C 45E, 23.2.2010, p. 116–131 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

Date of document:
16/12/2008; Dáta vótála
Date of vote:
16/12/2008
Author:
Parlaimint na hEorpa, An Coiste um Buiséid, An Coiste um Ghnóthaí Dlí
Rapporteur:
GARGANI Giuseppe
Form:
Tuairim nach molann leasaithe
Parliamentary term:
An séú téarma
Additional information:
CNS 2008/0224, Gnáthchomhairliúchán (léamh amháin), Chuathas i gcomhairle leis an bParlaimint i ndoiciméad Uimh. 0449/2008, Comhairliúchán éigeantach
Legal basis:
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Select all documents mentioning this document
Earlier related instruments:
Instruments cited:
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23.2.2010   

EN

Official Journal of the European Union

CE 45/116

Conditions of employment of other servants of the European Communities *

P6_TA(2008)0606

European Parliament legislative resolution of 16 December 2008 on the proposal for a Council regulation amending the Conditions of employment of other servants of the European Communities (COM(2008)0786 — C6-0449/2008 — 2008/0224(CNS))

(2010/C 45 E/40)

(Consultation procedure)

The European Parliament,

—

having regard to the Commission proposal to the Council (COM(2008)0786),

—

having regard to Article 283 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0449/2008),

—

having regard to Article 21 of the Statute for Members of the European Parliament (1),

—

having regard to Parliament's political declaration made in plenary on 16 December 2008 (2),

—

having regard to Rule 51 of its Rules of Procedure,

—

having regard to the report of the Committee on Legal Affairs and the opinion of the Committee on Budgets (A6-0483/2008),

1.   Approves the Commission proposal as amended;

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

3.   Considers that the financial amounts indicated in the legislative proposal are compatible with the ceiling of heading 5, administrative expenditure, of the multi-annual financial framework;

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

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

6.   Asks the Council to consult Parliament again if it intends to amend the text submitted for consultation substantially;

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

TEXT PROPOSED BY THE COMMISSION

AMENDMENTS

Amendment 48

Proposal for a regulation — amending act

Recital 1

(1)

According to Article 21 of the Statute for Members of the European Parliament, Members shall be entitled to assistance from personal staff that they may freely choose. At present, Members employ all their staff directly under contracts subject to national law, while recovering the costs incurred from the European Parliament, subject to a fixed maximum amount.

(1)

According to Article 21 of the Statute for Members of the European Parliament, Members shall be entitled to assistance from personal staff that they may freely choose.

Amendment 49

Proposal for a regulation — amending act

Recital 1a (new)

 

(1a)

At present, Members employ all their staff directly under contracts subject to national law, while recovering the costs incurred from the European Parliament, subject to a fixed maximum amount.

Amendment 50

Proposal for a regulation — amending act

Recital 2

(2)

A limited number of such staff (hereinafter referred to as ‘parliamentary assistants’) assist one or more Members within the premises of the European Parliament in Strasbourg, Brussels and Luxembourg. The others work for Members in the country where they have been elected .

(2)

 On 9 July 2008 the Bureau of the European Parliament adopted Implementing Measures for the Statute for Members of the European Parliament (3). Pursuant to Article 34 of those Implementing Measures, Members shall make use of:

 

a)

‘accredited parliamentary assistants’, employed at one of the Parliament's three places of work under the specific legal arrangements adopted on the basis of Article 283 of the Treaty and whose contracts are concluded and administered directly by Parliament, and

 

b)

natural persons who are to assist Members in their Member States of election and who have concluded an employment or service contract with them in keeping with applicable national law in accordance with the conditions laid down in the aforementioned Implementing Measures, hereinafter referred to as ‘local assistants’ .

Amendment 51

Proposal for a regulation — amending act

Recital 3

(3)

In contrast to the latter, parliamentary assistants are, as a general rule, expatriates. They work in the premises of the European Parliament in a European, multilingual and multicultural environment and undertake tasks which are directly linked to work of the European Parliament.

(3)

In contrast to local assistants, accredited parliamentary assistants are, as a general rule, expatriates. They work in the premises of the European Parliament in a European, multilingual and multicultural environment and undertake tasks which are directly linked to the work carried out by one or several Members of the European Parliament in the exercise of their functions as Members of the European Parliament .

Amendment 4

Proposal for a regulation — amending act

Recital 4

(4)

This has been confirmed, moreover, by the Court of First Instance of the European Communities which has recognised that parliamentary assistants may in certain respects be considered for the purposes of the Staff Regulations of officials of the European Communities and the Conditions of Employment of other servants to be performing duties for the Parliament.

deleted

Amendment 52

Proposal for a regulation — amending act

Recital 5

(5)

For these reasons and with a view to ensuring transparency , non-discrimination and legal certainty through common rules, it is appropriate to provide for such assistants , — with the exception of persons working for Members in the Member State in which they were elected, including persons working locally for Members elected in one of the Member States in which the three places of work are situated –, to be employed by way of direct contracts with the European Parliament.

(5)

For these reasons and with a view to ensuring transparency and legal certainty through common rules, it is appropriate to provide for accredited parliamentary assistants to be employed by way of direct contracts with the European Parliament. In contradistinction, local assistants, including those working for Members elected in one of the Member States in which the Parliament's three places of work are located, should continue to be employed, in accordance with the aforementioned Implementing Measures for the Statute for Members of the European Parliament, by Members of the European Parliament under contracts concluded under the applicable national law in the Member State in which they are elected.

Amendment 53

Proposal for a regulation — amending act

Recital 6

(6)

It is therefore appropriate for such assistants to be subject to the Conditions of Employment of other servants in such a way as to take account of their particular circumstances.

(6)

It is therefore appropriate for accredited parliamentary assistants to be subject to the Conditions of employment of other servants in such a way as to take account of their particular circumstances , the particular tasks they are called on to perform and the specific duties and obligations they have to fulfil vis-à-vis the Members of the European Parliament for whom they are called on to work .

Amendment 54

Proposal for a regulation — amending act

Recital 7

(7)

The introduction of this specific category of servants does not affect Article 29 of the Staff Regulations which provides that internal competitions are only open to officials and temporary staff.

(7)

The introduction of this specific category of servants does not affect Article 29 of the Staff Regulations, which provides that internal competitions are only open to officials and temporary staff , and no provision of this Regulation may be construed as giving accredited parliamentary assistants privileged or direct access to posts of officials or other categories of servants of the European Communities or to internal competitions for such posts .

Amendment 55

Proposal for a regulation — amending act

Recital 7a (new)

 

(7a)

As is the case for contract staff, Articles 27 to 34 of the Staff Regulations do not apply to accredited parliamentary assistants.

Amendment 56

Proposal for a regulation — amending act

Recital 8

(8)

Parliamentary assistants thus constitute a category of staff specific to the European Parliament, in particular with regard to the fact that they support Members of Parliament in their capacity as democratically elected representatives entrusted with a mandate, in carrying out their duties .

(8)

Accredited parliamentary assistants thus constitute a category of other servants specific to the European Parliament, in particular with regard to the fact that they provide, under the direction and authority of one or several Members of the European Parliament and in a relationship of mutual trust, direct assistance to that Member or those Members in the exercise of their functions as Members of the European Parliament .

Amendment 57

Proposal for a regulation — amending act

Recital 9

(9)

Accordingly, it is necessary to amend the Conditions of Employment of other servants to a limited extent in order to incorporate this new category of staff .

(9)

Accordingly, it is necessary to amend the Conditions of employment of other servants in order to incorporate this new category of other servants, taking account, on the one hand, of the specific nature of the duties, functions and responsibilities of accredited parliamentary assistants, which are designed to allow them to provide direct assistance to Members of the European Parliament in the exercise of their functions as Members of the European Parliament, under their direction and authority, and, on the other, of the contractual relationship between those accredited parliamentary assistants and the Parliament .

Amendment 58

Proposal for a regulation — amending act

Recital 9a (new)

 

(9a)

Where provisions of the Conditions of employment of other servants apply to accredited parliamentary assistants, directly or by analogy, these factors must be taken into account, having strict regard in particular to the mutual trust which has to characterise the relationship between the accredited parliamentary assistants and the Member or Members of the European Parliament whom they assist.

Amendment 59

Proposal for a regulation — amending act

Recital 10

(10)

In the light of the nature of the duties of assistants, it is necessary to provide for only one category of assistants, but divided into grades, to which assistants should be assigned according to criteria to be determined in an internal decision of the European Parliament.

(10)

In the light of the nature of the duties of accredited parliamentary assistants, it is necessary to provide for only one category of accredited parliamentary assistants, but divided into grades, to which such assistants should be assigned by indication of the Members concerned in accordance with specific implementing measures adopted by internal decision of the European Parliament.

Amendment 60

Proposal for a regulation — amending act

Recital 11

(11)

The contracts of parliamentary assistants concluded between them and the European Parliament should be based on mutual trust between the parliamentary assistant and the Member or Members of the European Parliament whom he assists.

(11)

The contracts of accredited parliamentary assistants concluded between them and the European Parliament should be based on mutual trust between the accredited parliamentary assistant and the Member or Members whom he assists. The duration of such contracts should be directly linked to the duration of the mandate of the Members concerned.

Amendment 61

Proposal for a regulation — amending act

Recital 11a (new)

 

(11a)

Accredited Parliamentary assistants should have statutory representation outside the system that applies to officials and other staff of the European Parliament. Their representatives should act as interlocutor vis-à-vis the competent authority of the European Parliament, taking into account that a formal link should be established between the statutory representation of the Staff and the autonomous representation of the assistants.

Amendment 62

Proposal for a regulation — amending act

Recital 12

(12)

The principle of budgetary neutrality should be observed in respect of the introduction of this new category of staff. In this respect, the European Parliament shall pay into the general budget of the European Union the entire amount of the contributions needed to finance the pension scheme with the exception of the contribution under Article 83(2) of the Staff Regulations which is deducted monthly from the salary of the person concerned.

(12)

The principle of budgetary neutrality should be observed in respect of the introduction of this new category of staff.

Amendment 64

Proposal for a regulation — amending act

Recital 12a (new)

 

(12a)

The implementing measures laid down by internal decision of the European Parliament should include further rules for the implementation of this Regulation, based on the principle of sound financial management as set out in Title II of the Financial Regulation (4).

Amendment 65

Proposal for a regulation — amending act

Article 1a (new)

 

Article 1a

The appropriations entered in the European Parliament section of the general budget of the European Union and earmarked to cover parliamentary assistance, the annual amounts of which will be determined within the framework of the annual budgetary procedure, shall cover all the costs directly associated with Members' assistants, be they accredited assistants or local assistants .

Amendment 67

Proposal for a regulation — amending act

Article 2

Within three years of the entry into force of this Regulation, the European Parliament shall submit a report on the application of this Regulation in order to examine the possible need to adapt the rules applying to parliamentary assistants.

The European Parliament shall , no later than 31 December 2011, present a report on the application of this Regulation in order to examine the possible need to adapt the rules applying to parliamentary assistants.

 

On the basis of that report, the Commission may make any proposals it deems appropriate to that effect.

Amendment 66

Proposal for a regulation — amending act

Annex — point 1

Regulation No 31 (EEC), 11 (EAEC)

Article 1

1)

in Article 1, the following indent shall be inserted after ‘— special advisers’:

1)

in Article 1, the following indent shall be inserted after ‘— special advisers’:

‘— parliamentary assistants,’.

‘— accredited parliamentary assistants,’

 

(This amendment applies throughout the text.)

Amendment 68

Proposal for a regulation — amending act

Annex — point 2

Regulation No 31 (EEC), 11 (EAEC)

Article 5a

For the purposes of these Conditions of Employment , ‘parliamentary assistant ’means staff chosen by one or more Members and engaged by way of direct contract with the European Parliament to assist one or more Members of the European Parliament, as provided for in Article 125(1) .

For the purposes of these Conditions of employment , ‘ accredited parliamentary assistants ’means persons chosen by one or more Members and engaged by way of direct contract by the European Parliament to provide direct assistance, in the premises of the European Parliament at one of its three places of work, to the Member or Members in the exercise of their functions as Members of the European Parliament, under their direction and authority and in a relationship of mutual trust deriving from the freedom of choice referred to in Article 21 of the Statute for Members of the European Parliament .

Amendment 20

Proposal for a regulation — amending act

Annex — point 3

Regulation No 31 (EEC), 11 (EAEC)

Chapter 1 — Article 125 — paragraph 1

1.

‘Parliamentary assistant’ means a member of staff engaged by the European Parliament to assist, in the premises of the European Parliament in one of the European Parliament's three places of work, one or more Members in carrying out their parliamentary mandate. He shall carry out tasks which are directly linked to the work of the European Parliament.

deleted

The Parliamentary assistants shall be engaged to perform either part-time or full-time duties without being assigned to a post included in the list of posts appended to the section of the budget relating to the European Parliament.

 

Amendment 69

Proposal for a regulation — amending act

Annex — point 3

Regulation No 31 (EEC), 11 (EAEC)

Chapter 1 — Article 125 — paragraph 2

2.

By internal decision, the European Parliament shall adopt provisions governing the employment of parliamentary assistants .

1.

The European Parliament shall adopt implementing measures by internal decision for the purposes of the application of this Title .

Amendment 70

Proposal for a regulation — amending act

Annex — point 3

Regulation No 31 (EEC), 11 (EAEC)

Chapter 1 — Article 125 — paragraph 3

3.

Parliamentary assistants shall be paid from the total appropriations allocated to the section of the budget relating to the European Parliament.

2.

Accredited parliamentary assistants shall not be assigned to a post included in the list of posts appended to the section of the budget relating to the European Parliament. Their remuneration shall be financed under the appropriate budget heading and they shall be paid from the appropriations allocated to the section of the budget relating to the European Parliament.

Amendment 71

Proposal for a regulation — amending act

Annex — point 3

Regulation No 31 (EEC), 11 (EAEC)

Chapter 1 — Article 126 — paragraph 1

1.

Parliamentary assistants shall be classified by grade.

1.

The accredited parliamentary assistant shall be classified by grade by indication given by the Member or Members whom the assistant will support, in accordance with the implementing measures referred to in Article 125(1). For classification in grades 14-19 as set out in Article 134, accredited parliamentary assistants shall be required, as a minimum, to have a university degree or equivalent professional experience .

Amendment 72

Proposal for a regulation — amending act

Annex — point 3

Regulation No 31 (EEC), 11 (EAEC)

Chapter 1 — Article 126 — paragraph 2

2.

Article 1e of the Staff Regulations, on measures of a social nature and working conditions, shall apply by analogy.

2.

Article 1e of the Staff Regulations, on measures of a social nature and working conditions, shall apply by analogy , provided that such measures are compatible with the particular nature of the tasks and responsibilities taken on by accredited parliamentary assistants.

 

By way of derogation from Article 7, the arrangements relating to the autonomous representation of accredited parliamentary assistants shall be laid down by the implementing measures referred to in Article 125(1) taking into account that a formal link shall be established between the statutory representation of the Staff and the autonomous representation of the assistants .

Amendment 73

Proposal for a regulation — amending act

Annex — point 3

Regulation No 31 (EEC), 11 (EAEC)

Chapter 2 — Article 127

Articles 11 to 26a of the Staff Regulations shall apply by analogy. The European Parliament shall determine in an internal decision practical implementing measures that take account of the specific nature of the working relationship between Members and their assistants.

Articles 11 to 26a of the Staff Regulations shall apply by analogy. Having strict regard in particular to the specific nature of the functions and duties of accredited parliamentary assistants and the mutual trust which has to characterise the relationship between them and the Member or Members of the European Parliament whom they assist, the implementing measures relating to this area adopted pursuant to Article 125(1) shall take account of the specific nature of the working relationship between Members and their accredited parliamentary assistants.

Amendment 26

Proposal for a regulation — amending act

Annex — point 3

Regulation No 31 (EEC), 11 (EAEC)

Chapter 3 — Article 128 — paragraph 1

1.

Article 1d of the Staff Regulations shall apply by analogy.

1.

Article 1d of the Staff Regulations shall apply by analogy , taking into account the relationship of mutual trust between the Member of the European Parliament and his accredited parliamentary assistant or assistants, it being understood that Members of the European Parliament may base their selection of accredited parliamentary assistants also on political affinity .

Amendment 74

Proposal for a regulation — amending act

Annex — point 3

Regulation No 31 (EEC), 11 (EAEC)

Chapter 3 — Article 128 — paragraph 2 — introductory part

2.

A parliamentary assistant shall be selected by the Member or Members of the European Parliament whom he is to assist. Without prejudice to any additional requirements which may be laid down in the provisions referred to in Article 125(2), the assistant may be engaged only on condition that he:

2.

An accredited parliamentary assistant shall be selected by the Member or Members of the European Parliament whom he is to assist. Without prejudice to any additional requirements which may be laid down in the implementing measures referred to in Article 125(1 ), the assistant may be engaged only on condition that he:

Amendment 28

Proposal for a regulation — amending act

Annex — point 3

Regulation No 31 (EEC), 11 (EAEC)

Chapter 3 — Article 128 — paragraph 2 — point e

(e)

produces evidence of a thorough knowledge of one of the languages of the Community and appropriate knowledge of another Community language to the extent necessary for the duties he is called upon to perform and

(e)

has a thorough knowledge of one of the languages of the Community and a satisfactory knowledge of another Community language and

Amendment 29

Proposal for a regulation — amending act

Annex — point 3

Regulation No 31 (EEC), 11 (EAEC)

Chapter 3 — Article 129

Article 129

deleted

1.

A parliamentary assistant shall serve a probationary period of three months.

 

2.

Where during his probationary period a parliamentary assistant is prevented by sickness or accident from performing his duties for one month or more, the authority referred to in the first paragraph of Article 6 may, at the Member's request, extend his probationary period by the corresponding length of time.

 

3.

Not less than one month before the expiry of the probationary period, a report on his ability to perform his duties and also on his conduct and efficiency shall be made by the Member of the European Parliament if the work of the parliamentary assistant has not proved adequate to justify retention in his function. That report shall be communicated to the person concerned, who shall have the right to submit his comments in writing within a period of eight days, by the authority referred to in the first paragraph of Article 6. If necessary, the abovementioned parliamentary assistant shall be dismissed by the authority referred to in the first paragraph of Article 6, provided the report was communicated to him before the end of the probationary period.

 

4.

A parliamentary assistant dismissed during the probationary period shall be entitled to compensation equal to one third of his basic salary per month of probation completed.

 

Amendment 30

Proposal for a regulation — amending act

Annex — point 3

Regulation No 31 (EEC), 11 (EAEC)

Chapter 3 — Article 130 — paragraph 1

1.

Before being engaged, a parliamentary assistant shall provide evidence of physical fitness to the European Parliament's medical service in order that the European Parliament may be satisfied that he fulfils the requirements of Article 128(2)(d).

1.

An accredited parliamentary assistant shall provide evidence of physical fitness to the European Parliament's medical service in order that the European Parliament may be satisfied that he fulfils the requirements of Article 128(2)(d).

Amendment 31

Proposal for a regulation — amending act

Annex — point 3

Regulation No 31 (EEC), 11 (EAEC)

Chapter 3 — Article 131 — paragraph 1

1.

The contracts of parliamentary assistants shall be concluded for a fixed period. Without prejudice to Article 140, the contracts shall expire at the latest by the end of the parliamentary term during which they were concluded.

1.

The contracts of accredited parliamentary assistants shall be concluded for a fixed period and shall specify the grade in which the assistant is classified. A fixed-term contract shall not be extended more than twice during a parliamentary term. Unless otherwise specified in the contract itself, the contract shall terminate at the end of the parliamentary term during which it was concluded. Without prejudice to Article 140, the contracts shall expire at the latest by the end of the parliamentary term during which they were concluded.

Amendment 75

Proposal for a regulation — amending act

Annex — point 3

Regulation No 31 (EEC), 11 (EAEC)

Chapter 3 — Article 131 — paragraph 2

2.

The European Parliament shall adopt an internal decision defining the criteria applicable to classification on engagement .

2.

The implementing measures referred to in Article 125(1) shall set out a transparent framework for classification taking account of Article 128(2)(f) .

Amendment 33

Proposal for a regulation — amending act

Annex — point 3

Regulation No 31 (EEC), 11 (EAEC)

Chapter 4 — Article 132 — paragraph –1 (new)

 

–1.

Accredited parliamentary assistants shall be engaged to perform either part-time or full-time duties.

Amendment 76

Proposal for a regulation — amending act

Annex — point 3

Regulation No 31 (EEC), 11 (EAEC)

Chapter 4 — Article 132 — paragraph 2

2.

Assistants may not be required to work overtime except in the event of an emergency or exceptional workload.

2.

Accredited parliamentary assistants may not be required to work overtime except in the event of an emergency or exceptional workload. Article 56(1) shall apply by analogy. The implementing measures referred to in Article 125(1) may lay down rules in this regard.

Amendment 77

Proposal for a regulation — amending act

Annex — point 3

Regulation No 31 (EEC), 11 (EAEC)

Chapter 5 — Article 133

Save as otherwise provided in Articles 134 and 135, Article 19, Article 20(1) to (3) and Article 21 of these Conditions of Employment and Article 16 of Annex VII to the Staff Regulations (remuneration and expenses) shall apply by analogy. The arrangements for reimbursement of mission expenses shall be laid down in the provisions referred in Article 125(2) .

Save as otherwise provided in Articles 134 and 135, Article 19, Article 20(1) to (3) and Article 21 of these Conditions of Employment and Article 16 of Annex VII to the Staff Regulations (remuneration and expenses) shall apply by analogy. The arrangements for reimbursement of mission expenses shall be laid down in the implementing measures referred to in Article 125(1) .

Amendment 78

Proposal for a regulation — amending act

Annex — point 3

Regulation No 31 (EEC), 11 (EAEC)

Chapter 5 — Article 134 — table

Grade

1

2

3

4

Full-time basic salary

1 193,00

1 389,85

1 619,17

1 886,33

Grade

5

6

7

8

Full-time basic salary

2 197,58

2 560,18

2 982,61

3 474,74

Grade

9

10

11

12

Full-time basic salary

4 048,07

4 716,00

5 494,14

6 400,67

Grade

13

14

 

 

Full-time basic salary

7 456,78

8 687,15

 

 

Grade

1

2

3

4

Full-time basic salary

1 619,17

1 886,33

2 045,18

2 217,41

Grade

5

6

7

8

Full-time basic salary

2 404,14

2 606,59

2 826,09

3 064,08

Grade

9

10

11

12

Full-time basic salary

3 322,11

3 601,87

3 905,18

4 234,04

Grade

13

14

15

16

Full-time basic salary

4 590,59

4 977,17

5 396,30

5 850,73

Grade

17

18

19

 

Full-time basic salary

6 343,42

6 877,61

7 456,78

 

Amendment 79

Proposal for a regulation — amending act

Annex — point 3

Regulation No 31 (EEC), 11 (EAEC)

Chapter 5 — Article 135

By way of derogation from the last subparagraph of Article 4(1) of Annex VII to the Staff Regulations, the expatriation allowance shall not be less than EUR 250 .

By way of derogation from the last subparagraph of Article 4(1) of Annex VII to the Staff Regulations, the expatriation allowance shall not be less than EUR 350 .

Amendment 80

Proposal for a regulation — amending act

Annex — point 3

Regulation No 31 (EEC), 11 (EAEC)

Chapter 6 — Article 137 — paragraph 1

1.

By way of derogation from the second subparagraph of Article 96(3) and without prejudice to the other provisions of that Article, the amounts calculated under that provision may neither be less than EUR 700 nor exceed EUR 2 000.

1.

By way of derogation from the second subparagraph of Article 96(3) and without prejudice to the other provisions of that Article, the amounts calculated under that provision may neither be less than EUR 850 nor exceed EUR 2 000.

Amendment 81

Proposal for a regulation — amending act

Annex — point 3

Regulation No 31 (EEC), 11 (EAEC)

Chapter 6 — Article 137 — paragraph 3

3.

The European Parliament shall pay into the general budget of the European Union the entire amount of the contributions needed to finance the pension scheme with the exception of the contribution under Article 83(2) of the Staff Regulations which is deducted monthly from the salary of the person concerned.

deleted

Amendment 82

Proposal for a regulation — amending act

Annex — point 3

Regulation No 31 (EEC), 11 (EAEC)

Chapter 8 — Article 139

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

The provisions of Title VII of the Staff Regulations on appeals shall apply by analogy. The implementing measures referred to in Article 125(1) may lay down complementary rules on the internal procedures.

Amendment 43

Proposal for a regulation — amending act

Annex — point 3

Regulation No 31 (EEC), 11 (EAEC)

Chapter 9 — Article 140 — paragraph 1 — point d

(d)

at the end of the period of notice specified in the contract, which shall give the parliamentary assistant or the European Parliament the option to terminate the contract before its expiry. The period of notice shall not be less than one month per year of service, subject to a minimum of one month and a maximum of three months. The period of notice shall not, however, start to run during maternity leave or sick leave, provided such sick leave does not exceed three months. It shall, moreover, be suspended during maternity or sick leave subject to these limits.

(d)

taking into account the fact that trust is the basis of the relationship between the Member and his accredited parliamentary assistant, at the end of the period of notice specified in the contract, which shall give the accredited parliamentary assistant or the European Parliament , acting at the request of the Member or Members of the European Parliament whom the accredited parliamentary assistant was taken on to assist, the right to terminate the contract before its expiry. The period of notice shall not be less than one month per year of service, subject to a minimum of one month and a maximum of three months. The period of notice shall not, however, start to run during maternity leave or sick leave, provided such sick leave does not exceed three months. It shall, moreover, be suspended during maternity or sick leave subject to these limits.

Amendment 44

Proposal for a regulation — amending act

Annex — point 3

Regulation No 31 (EEC), 11 (EAEC)

Chapter 9 — Article 140 — paragraph 2

2.

Where the contract ceases pursuant to paragraph 1(c) or the European Parliament terminates the contract pursuant to paragraph 1(d) , the parliamentary assistant shall be entitled to compensation equal to one third of his basic salary for the period between the date when his duties end and the date when his contract expires, subject however to a maximum of three months' basic salary.

2.

Where the contract ceases pursuant to paragraph 1(c), the accredited parliamentary assistant shall be entitled to compensation equal to one third of his basic salary for the period between the date when his duties end and the date when his contract expires, subject however to a maximum of three months' basic salary.

Amendment 83

Proposal for a regulation — amending act

Annex — point 3

Regulation No 31 (EEC), 11 (EAEC)

Chapter 9 — Article 140 — paragraph 3

3.

Without prejudice to Articles 48 and 50 which are applicable by analogy, the employment of a parliamentary assistant may be terminated without notice in serious cases of failure to comply with his obligations, whether intentionally or through negligence on his part. A rseasoned decision shall be taken by the authority referred to in the first paragraph of Article 6, after the person concerned has had an opportunity of submitting his defence.

3.

Without prejudice to Articles 48 and 50 which are applicable by analogy, the employment of an accredited parliamentary assistant may be terminated without notice in serious cases of failure to comply with his obligations, whether intentionally or through negligence on his part. A reasoned decision shall be taken by the authority referred to in the first paragraph of Article 6, after the person concerned has had an opportunity of submitting his defence.

 

Specific provisions relating to the disciplinary procedure shall be laid down in the implementing measures referred to in Article 125(1) .

Amendment 46

Proposal for a regulation — amending act

Annex — point 3

Regulation 31 (EEC), 11 (EAEC)

Chapter 9 — Article 140 — paragraph 3a (new)

 

3a.

Periods of employment as an accredited parliamentary assistant shall not be regarded as constituting ‘years of service’ for the purposes of Article 29(3) and (4) of the Staff Regulations.

(1)  Decision 2005/684/EC, Euratom of the European Parliament of 28 September 2005 adopting the Statute for Members of the European Parliament (OJ L 262, 7.10.2005, p. 1).

(2)  See the Minutes.

(3)   OJ C …

(4)   Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ L 248, 16.9.2002, p. 1).

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