(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.

(1a)

(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)

a)

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’ .

(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 .

(4)

(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.

(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 .

(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 .

(7a)

(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 .

(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 .

(9a)

(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.

(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.

(11a)

(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.

(12a)

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’:

1.

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 .

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.

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 .

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.

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 .

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:

(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

1.

2.

3.

4.

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).

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.

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) .

–1.

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.

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.

3.

(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.

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.

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.

3a.