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Document 52017DC0632

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the rules adopted by the appointing authority of each institution to give effect to the Staff Regulations

COM/2017/0632 final

Brussels, 26.10.2017

COM(2017) 632 final

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL

on the rules adopted by the appointing authority of each institution to give effect to the Staff Regulations


THE OBJECTIVES OF THE PRESENT REPORT

Institutions enjoy autonomy as regards the application of the Staff Regulations and the Conditions of Employment of Other Servants to their staff.

As part of the 2014 Reform of the Staff Regulations, the co-legislators have introduced new mechanisms to increase compliance with the legislative framework and to strengthen effective governance.

The present report is part of these new mechanisms. Together with the new register on implementing rules held by the Court of Justice, the report is a tool that allows for transparency and promotes a consistent application of the Staff Regulations 1 .

The report addresses the following issues:

→ Consistent application of the Staff Regulations:

Title 1 examines the basic legal framework. It evaluates to what extent the system of the Staff Regulations allows for a harmonised and equal implementation of their provisions.

→ Transparency:

Title 2 provides an exhaustive inventory of all the implementing rules adopted by appointing authorities, thereby giving a clear and transparent account of the current situation across all institutions.

→ Compliance:

Title 3 assesses to what extent institutions have complied with the legal framework as foreseen under the Staff Regulations and the Conditions of Employment of Other Servants.

→ Governance:

Title 4 evaluates the current mechanisms put in place to ensure effective governance between institutions and with regard to agencies.

→ Conclusions:

Title 5 summarizes the findings on the current situation regarding implementing rules and suggests further steps for improving a consistent application of the Staff Regulations.



EXPLANATORY MEMORANDUM

1.    LEGAL BASE

The Staff Regulations 2 require the Commission to present a report every three years on the rules adopted by the appointing authority of each institution to give effect to the Staff Regulations.

The establishment of such a report is part of a wider framework introduced by the 2014 Reform of the Staff Regulations. This framework aims to ensure transparency and render such rules accessible to citizens of the European Union. It also comprises a register held by the Court of Justice of the European Union to which institutions and agencies supply their own rules.

The present report constitutes the first presentation of these rules since the introduction of the reporting obligation.

2.    COLLECTION OF INFORMATION FOR THE REPORT

In order to establish the report, the Commission consulted the register administered by the Court of Justice of the European Union.

The Commission subsequently verified the rules retrieved from the register in order to ensure that the report covers all decisions of the institutions and agencies to implement the Staff Regulations. To this end, the Commission compared these rules with the rules as transmitted directly to the Commission by other institutions and agencies.

This collection exercise was completed on 30 April 2017.

3.    KEY CHARACTERISTICS OF THE REPORT

Description of implementing rules

The report gives an overview of the different types of rules which can be adopted either by an appointing authority to give effect to the Staff Regulations or by an authority authorised to conclude contracts of engagement to give effect to the Conditions of Employment of Others Servants and explains the procedure for adopting such rules.

Quantitative assessment

In agreement with the institutions concerned, the Commission has drawn up tables that detail the situation in each of the ten institutions during the period from 1 January 2014 to 31 December 2016. On the basis of these tables, the Commission has established a general table that gives an overview of the situation across the institutions.

Another general table gives an aggregated overview of the rules applicable in the agencies on 31 December 2016.

The tables identify the subjects on which the respective appointing authorities or authorities authorised to conclude contracts of engagement have adopted rules and the extent to which individual authorities have made use of their rule making power.

Qualitative assessment / Compliance

The report discusses how appointing authorities or authorities authorised to conclude contracts of engagement have complied with the framework set by the Staff Regulations and the Conditions of Employment of Other Servants, giving particular attention to subjects where authorities have not (yet) made use of their power to adopt rules.

It gives an overview of the presentation of implementing rules in the register held by the Court of Justice of the European Union.

Governance

While the Staff Regulations and the Conditions of Employment of Other Servants allow for individual rules to reflect different administrative realities, various mechanisms are in place to harmonise rules and practices, both on an inter-institutional level and with regard to agencies.

The report presents these different mechanisms of governance for a more uniform application of the Staff Regulations and the Conditions of Employment of Other Servants.

4.    OUTLOOK

The Commission will be required to submit the next report on the basis of Article 110(6) of the Staff Regulations in three years' time. The next report will cover implementing rules in force during the period from 1 January 2017 and 31 December 2019.

The Commission completed the present report on the basis of data as made available by institutions and agencies. The responsibility for completeness and accurateness of this data lies with the respective institution or agency.



Contents

TITLE 1.    PRESENTATION OF IMPLEMENTING RULES    

a)     Rules adopted by agreement between the institutions of the Union ("Règles arrêtées d'un commun accord")    

b)     General implementing provisions ("Dispositions générales d'exécution")    

c)     Other implementing rules    

TITLE 2.     QUANTITATIVE ASSESSMENT    

a)     Implementing rules in institutions    

→ What is the system foreseen by the Staff Regulations regarding their implementation?

→ How do the Staff Regulations achieve a consistent application of their provisions?

The report presents the rules that have been adopted by the appointing authority to give effect to the Staff Regulations as well as the rules that have been adopted by the authority authorised to conclude contracts of engagement to give effect to the Conditions of Employment of Other Servants.

A general feature of all these rules is that they do not concern the general public. As a consequence, they are not the subject of publication in the Official Journal of the European Union. However, in order to be enforceable towards staff concerned, the rules have to be brought to the attention staff according to Article 110(4) of the Staff Regulations.

The following rules fall within the scope of the report: 3

a)    Rules adopted by agreement between the institutions of the Union ("Règles arrêtées d'un commun accord")

The Staff Regulations and the Conditions of Employment of Other Servants foresee, for the application of certain provisions, the adoption of rules by agreement between the institutions of the Union.

This concerns the following subject matters:

Staff Regulations

Article 10            Procedure for appointing members of the Staff Regulations Committee

Article 27 + Annex II, Article 2    Procedure for instituting the common Joint Committee (COPARCO)

Article 37    Establishment of a list of organisations devoted to furthering the Union's interests

Article 45            Ability to work in a third language before the first promotion

Article 57            Annual leave

Article 61            List of public holidays

Article 72            Sickness insurance

Article 73            Insurance against risk of occupational disease or accidents

Article 76a    Financial aid increasing the pension of a surviving spouse who has a serious or protracted illness or who is disabled

Annex VII, Article 17        Special regular transfer of part of the remuneration

Conditions of Employment of Other Servants

Article 28a    Application of the provision on granting an unemployment allowance to temporary agents

The Staff Regulations do not define the process for the adoption of a rule by agreement between the institutions of the Union. Inter-institutional practice has over time developed the following adoption process:

PROCESS FOR THE ADOPTION OF RULES BY AGREEMENT BETWEEN THE INSTITUTIONS 4

Preparation of a proposal for a rule by inter-institutional coordination

Adoption of the proposal by the College of Heads of administration

Preparation of a draft rule by the Commission services

Examination by the Staff Regulations Committee for opinion

Finalisation of the text by the Commission and transmission to all institutions

Adoption of the text by the appointing authority of each institution and transmission to the President of the Court of Justice

Establishment of the agreement between institutions by the President of the Court of Justice

RULE ADOPTED BY AGREEMENT BETWEEN THE INSTITUTIONS

b)    General implementing provisions ("Dispositions générales d'exécution")

The Staff Regulations and the Conditions of Employment of Other Servants grant specific empowerments to the appointing authority and the authority authorised to conclude contracts of engagement, respectively, to adopt general implementing provisions.

This concerns the following subject matters: 5

Staff Regulations

Article 27    Appropriate measures following the observation of a significant imbalance between nationalities among officials

Article 32        Classification in step upon recruitment

Article 42a        Parental leave, single parents

Article 43        Annual report on ability, efficiency and conduct in the service

Article 45a(5)        Appointment of an AST official to an AD post

Article 72(1)        Reimbursement of medical expenses

Annex VII, Article 3(1)    Education allowance

Annex VII, Article 9(1)    Removal expenses

Annex VII, Article 13a    Mission expenses

Annex VIII, Article 11(2)    Transfer IN of pension

Annex IX, Article 2(3)    Administrative enquiries

Annex X, Article 1    Officials serving in a third country

Annex X, Article 3    Exceptional application of Annex X to officials temporarily reassigned to Headquarters

Conditions of Employment of Other Servants

Article 12(1)    Appropriate measures following the observation of a significant imbalance between nationalities among temporary staff

Article 12(5)        Procedures for recruitment of temporary staff

Article 54        Reclassification of temporary staff referred to in Article 2(f)

Article 56        Engagement and use of temporary staff referred to in Article 2(f)

Article 79        Use of contract staff

Article 82(6)        Engagement of contract staff

Article 86        Grading of contract staff

Unlike in the case of rules adopted by agreement between the institutions, the content of general implementing provisions is determined by each institution according to the principle of autonomy of each institution as an employer as recognised by Article 13(2) of the Treaty on European Union and Article 298 of the Treaty of the Functioning of the European Union. 6 In the field of reimbursement of medical expenses in the framework of the Joint Sickness Insurance Scheme, however, the Commission has adopted, on the basis of the Joint Rules on sickness insurance for officials of the European Union, general implementing provisions with effect to staff members in all institutions and agencies.

According to Article 110(1) of the Staff Regulations and Article 141, first subparagraph, of the Conditions of Employment of Other Servants, general implementing provisions are adopted by the competent authority of each institution after consulting the Staff Committee and the Staff Regulations Committee.

PROCESS FOR THE ADOPTION OF

GENERAL IMPLEMENTING PROVISIONS (GIPs) 7

Discussion within the College of Heads of administration (only if the GIPs are generally applicable to or concern all institutions)

Preparation of a proposal for GIPs by each institution which will adopt its own GIPs (if the GIPs are generally applicable or concern all institutions: preparation within an inter-institutional committee or working group)

Examination by the institution's Staff Committee for opinion

Examination by the Staff Regulations Committee for opinion

Finalisation of the text by the institution

Adoption of the provisions by the appointing authority of the institution

GENERAL IMPLEMENTING PROVISIONS

According to Article 142 of the Conditions of Employment of Other Servants, general implementing provisions referred to in Article 110 of the Staff Regulations shall apply to servants covered by these Conditions where by virtue of these Conditions the provisions of the Staff Regulations apply to those servants.

c)    Other implementing rules

The Staff Regulations and the Conditions of Employment of Other Servants also foresee empowerments for the appointing authority of each institution and the authority authorised to conclude contracts of engagement of each institution, respectively, to adopt other implementing rules, without further specifying the procedure for adoption.

On one occasion (with regard to Commission officials working in a Union delegation and EEAS officials who have to carry out tasks for the Commission as part of their duties), Article 96 of the Staff Regulations foresees a joint empowerment to the Commission and the EEAS.

Other implementing rules are foreseen for the following subject matters:

Staff Regulations

Article 2                Determination of powers of appointing authority

Article 5                Definition of types of posts

Article 9                Composition and procedures of bodies (committees)

Article 22c            Whistleblowing

Article 51            Procedure for dealing with incompetence

Article 55(3)            Standby duty

Article 55(4)            Flexible working time arrangements

Article 55b            Job sharing

Article 56            Overtime

Article 96    Commission officials working in a Union delegation and EEAS officials who have to carry out tasks for the Commission as part of their duties

Annex IVa, Article 5        Part time work

Annex VII, Article 13(2)(b)    Scale for missions in third countries

Annex IX, Article 30        Disciplinary proceedings

Annex X, Article 2        Transfer of officials serving in third countries

Annex X, Article 5        Accommodation for officials serving in third countries

Annex X, Article 10        Allowance for living conditions 8

Annex X, Article 23        Reimbursement of rent for officials serving in third countries

Annex XIII, Article 30(3)    Assignment of officials holding special responsibilities to "Head of unit or equivalent" or "Adviser or equivalent" before 31 December 2015

Conditions of Employment of Other Servants

Article 125            Parliamentary assistants

Where the Staff Regulations and the Conditions of Employment of Other Servants do not expressly provide for the possibility to adopt other implementing rules, institutions have adopted such rules where the statutory provisions need to be implemented by means of more specific rules.

The adoption process for these other implementing rules will depend upon the administrative practice of the institution concerned.

CONSISTENT APPLICATION OF THE STAFF REGULATIONS

→ Institutions enjoy autonomy as regards the application of the Staff Regulations and the Conditions of Employment of Other Servants to their staff. This autonomy is exercised within the legal framework as provided for by the Staff Regulations.

→ The Staff Regulations foresee specific mechanisms to achieve a common inter-institutional approach whenever the subject matter calls for such harmonisation.



TITLE 2.    QUANTITATIVE ASSESSMENT

TRANSPARENCY

→ Which rules have been adopted, and for which subject matters?

→ What is the situation across institutions?

→ What is the situation across agencies?

a)    Implementing rules in institutions

In accordance with Article 13 of the Treaty of the European Union and Articles 1, 1a and 1b of the Staff Regulations, the following ten institutions are concerned by this report: 9

-The European Parliament (EP),

-The Council (C),

-The European Commission (COM),

-The Court of Justice of the European Union (CoJ),

-The Court of Auditors (CoA), 

-The European External Action Service (EEAS),

-The European Economic and Social Committee (EESC),

-The Committee of the Regions (CoR),

-The European Ombudsman (EO), and

-The European Data Protection Supervisor (EDPS).

For the purpose of establishing the present report, the nine other institutions have transmitted their implementing rules to the Commission. In parallel, the Commission has consulted the register administered by the Court of Justice of the European Union.

Based on this input and in agreement with the institutions concerned, the Commission has drawn up tables that detail the situation in each of the ten institutions as follows:

-A list of the rules adopted by agreement between the institutions (Annex I);

-Ten tables listing the general implementing provisions and other implementing rules adopted by each institution's appointing authority or the authority empowered to conclude contracts of engagement, respectively (Annex II.1-II.10);

-A general table that gives a comparative summary across all institutions with regard to rules implementing the Staff Regulations and the Conditions of Employment of Other Servants (Annex III).

The tables use a common methodology:

-They list implementing rules that have been in force, at least partially, during the period covered by the report (from 1 January 2014 to 31 December 2016).

-They group implementing rules alongside different subject matters, following the structure of the Staff Regulations and the Conditions of Employment of Other Servants.

-They identify implementing rules by reference number, date of entry into force and, if applicable, date of expiry.

The following method of counting was applied:

-Implementing rules were counted on the base of the lists for each institution (Annexes I and II.1-II.10);

-An implementing rule was counted once, even if it covered more than one subject matter; 10

-A rule amending an already existing rule was not counted separately;

-If an implementing rule was replaced during the period covered by the report, only one implementing rule was counted. 11

NUMBER OF IMPLEMENTING RULES ADOPTED BY INSTITUTIONS

Rules adopted by agreement

General implementing provisions

Other implementing rules

Total decisions

EP

10

17

28

55

C

10

15

23

48

COM

10

22

57

89

CoJ

10

11

15

36

CoA

10

10

23

43

EEAS

10

23

38

71

EESC

10

8

23

41

CoR

10

14

25

49

EO

10

15

9

34

EDPS

10

16

11

37

Total

100

151

252

503

The above figures show a difference in the density of regulation among institutions. For this phenomenon, one can cite different reasons:

Since the EU treaties provide for autonomy of each institution in carrying out their respective missions (see Article 13 of the Treaty on European Union and Article 298 of the Treaty on the Functioning of the European Union), different traditions have evolved within each institution as concerns the adoption of implementing rules.

Certain subject matters, while of less relevance for some institutions, have given rise to the adoption of implementing rules in other institutions. One can cite as example here the empowerment of Article 1, third subparagraph of Annex X to the Staff Regulations to adopt general implementing provisions regarding officials serving in a third country (which has been used by the European Commission and the European External Action Service, but not by the other institutions).

Similarly, the Staff Regulations and the Conditions of Employment of Other Servants foresee selective empowerments that apply only to one institution. This is the case of Article 72(1), third subparagraph, of the Staff Regulations, which provides that the appointing authorities of the institutions may confer on one of their number the power to lay down the rules governing the reimbursement of medical expenses (a power which has ultimately been conferred to the Commission) and of Article 125(1) of the Conditions of Employment of Other Servants, which empowers the European Parliament to adopt implementing measures by internal decision for the purposes of the application of the provisions on parliamentary assistants.

Sometimes, different legislative techniques lead to different quantitative outcomes. For example, one institution may regulate several related subject matters in a single implementing rule, whereas another institution may adopted several rules for those subject matters 12 .

In the same vein, there are differences in the legal nomenclature among institutions. As regards implementing rules on parental leave, for example, seven institutions have adopted general implementing provisions, whereas three have chosen to adopt other implementing rules for the same subject matter.

b)    Implementing rules in agencies

The present report also informs about implementing rules adopted by agencies which were in force on 31 December 2016.

This concerns the following 48 agencies in the sense of Article 1a(2) of the Staff Regulations:

-6 executive agencies,

-34 decentralised agencies and

-8 joint undertakings.

(1)    The situation before the 2014 reform of the Staff Regulations

Article 110(1) of the Staff Regulations in its version prior to the entry into force of the 2014 reform stipulated that agencies shall adopt the appropriate implementing rules for giving effect to the Staff Regulations, after consultation of the relevant Staff Committee and in agreement with the Commission.

(2)    The situation after the 2014 reform of the Staff Regulations

The 2014 reform of the Staff Regulations set up a new framework for the adoption of rules implementing the Staff Regulations by the agencies.

The general principle introduced by Article 110(2) of the Staff Regulations is that implementing rules adopted by the Commission apply by analogy to the agencies. To that end, the Commission informs the agencies of any such implementing rule without delay after adoption.

The Commission has not informed agencies of its rules which had entered into force prior to the 2014 reform of the Staff Regulations. The principle of analogy applies only with regard to Commission implementing rules of which the Commission informed the agencies.

By way of exception to the principle of analogy, an agency may decide, after having consulted its Staff Committee and after having received the Commission's agreement, to adopt individual decisions by:

-Not applying certain Commission rules (opt-out);

-Adopting rules which are different from those of the Commission;

-Adopting rules on subjects other than those covered by the rules adopted by the Commission.

The Commission also developed a mechanism whereby it can inform agencies of its horizontal agreement to such individual decisions without the agencies having to submit a formal request (ex-ante agreement). 13  

On the basis of input from the agencies, the Commission has drawn up a general table that provides a summary of the number and types of implementing rules that were applicable in agencies on 31 December 2016.

This general table is reproduced in Annex IV to the present report.

It uses the following methodology:

-It concerns agencies' implementing rules that were in force on 31 December 2016;

-It follows the structure of the Staff Regulations and the Conditions of Employment of Other Servants in order to help identify the different subject matters where agencies have adopted implementing rules;

-With regard to each subject matter, the table distinguishes different scenarios under which agencies have adopted their rules.

In particular, this table allows showing how the mechanisms introduced since 2014 have worked in practice.

EFFECTS OF MECHANISMS INTRODUCED SINCE 2014

Commission implementing rules adopted after the reform of 2014 and notified to agencies

Implementing rules in agencies which apply by analogy after the reform of 2014 (Article 110 (2) SR)

Derogations after 2014 (own rules or opt out, including requests pending)

23

593

201

Commission horizontal ex-ante agreements

Implementing rules adopted by agencies on the basis of an ex-ante agreement

14

284

TRANSPARENCY

→ The report provides an exhaustive inventory of the situation across institutions.

→ The report presents all implementing rules by using a common methodology. This allows for a comparative approach across institutions, thereby enhancing transparency.

→ The report measures the effects of the harmonisation mechanisms introduced since 2014 with regard to agencies.



TITLE 3.    QUALITATIVE ASSESSMENT / COMPLIANCE

COMPLIANCE

→ Have institutions complied with the framework of the Staff Regulations and the Conditions of Employment of Other Servants?

→ What is the state of play regarding the register held by the Court of Justice?

a)    Compliance with the Staff Regulations and the Conditions of Employment of Other Servants

In the following, the report examines to what extent the specific empowerments granted in the Staff Regulations and the Conditions of Employment of Other Servants to the appointing authority and the authority authorised to conclude contacts of engagement of each institution, respectively, to adopt implementing rules have been used (shown below within a perforated frame).

In addition, the report lists the matters where institutions adopted implementing rules not expressly provided for by the Staff Regulations and the Conditions of Employment of Other Servants.

Staff Regulations

Title I – General Provisions

Article 2 – Exercise of appointing authority power

Most institutions have used the empowerments to adopt implementing rules regarding the exercise of appointing authority power. Some institutions have made use of the possibility to entrust this power to another institution or inter-institutional body.

Article 5(4) – Definition of the duties and powers attaching to each type of post

Most institutions have made use of the possibility given by the Staff Regulations to define in more detail the duties and powers attaching to each type of post.

Article 5(4), Annex XIII, Article 30(3) - Assignment of officials holding special responsibilities to "Head of unit or equivalent" or "Adviser or equivalent" before 31 December 2015

The majority of institutions have laid down provisions on derogating from Article 30(2) of Annex XIII to the Staff Regulations regarding the assignment of officials in grades AD 9 to AD 14 holding special responsibilities to the type of post "Head of unit or equivalent" or "Adviser or equivalent" before 31 December 2015.

Article 9(2) – Composition and procedures of bodies (committees)

Some institutions have used the empowerment to determine the composition and procedure of the bodies mentioned in Article 9(1) of the Staff Regulations.

Article 10 – Procedure for appointing members of the Staff Regulations Committee

All institutions have adopted a rule by agreement on the procedure for appointing members of the Staff Regulations Committee as foreseen in Article 10 of the Staff Regulations.

Some institutions have also adopted implementing rules on the following matters that are dealt with in Title I of the Staff Regulations: disability, measures of a social nature, health and safety standards and transfer.

Title II – Rights and obligations of officials

Article 22c – Internal rules on whistleblowing

All institutions have adopted internal rules on whistleblowing as foreseen by Article 22c of the Staff Regulations.

Some institutions have also adopted implementing rules on the following matters that are dealt with in Title II of the Staff Regulations: ethics and integrity, harassment, outside activities, financial responsibility and training.

Title III – Career of officials

Article 27 – Appropriate measures following the observation of a significant imbalance between nationalities among officials

Article 27 allows each institution to adopt appropriate measures following the observation of a significant imbalance between nationalities among officials which is not justified by objective criteria. Those appropriate measures must be justified and shall never result in recruitment criteria other than those based on merit. Before such appropriate measures are adopted, the appointing authority shall adopt general implementing provisions. At the time of finalisation of the present report, no institution had yet adopted such implementing provisions.

Article 27, Annex II, Article 2 – Procedure for instituting the common Joint Committee (COPARCO)

All institutions have adopted a rule by agreement on the procedures for instituting the common Joint Committee as foreseen in Article 2 of Annex II to the Staff Regulations.

Article 32 - Classification in step upon recruitment

All institutions have adopted general implementing provisions to allow additional seniority up to a maximum of 24 months to take account of an official's professional experience as foreseen in Article 32 of the Staff Regulations.

Article 37 - Establishment on a list of organisations devoted to furthering the Union's interests

All institutions have drawn up a list by agreement on organisations devoted to furthering the Union's interests as foreseen in Article 37(b) second indent of the Staff Regulations.

Article 42a - Parental leave, single parents

All institutions have adopted implementing provisions on parental leave, including the question of recognition of single parents for the purpose of doubling the duration of parental leave as foreseen in Article 42(a) first subparagraph of the Staff Regulations.

Article 43 - Annual report on ability, efficiency and conduct in the service

All institutions have adopted implementing provisions on annual reports regarding the ability, efficiency and conduct in the service as foreseen in Article 43 first subparagraph of the Staff Regulations.

Article 45 - Ability to work in a third language before the first promotion

All institutions have adopted rules by agreement between them for implementing the requirement for officials to demonstrate before their first promotion the ability to work in a third language as foreseen in Article 45(2) of the Staff Regulations.

Article 45a - Appointment of an AST official to an AD post

Nine institutions have adopted general provisions for giving effect to the possibility to appoint an official in function group AST to a post in function group AD as foreseen in Article 45a(5) of the Staff Regulations.

Article 51 - Procedure for dealing with incompetence

Five institutions have adopted internal provisions to identify, deal with and remedy cases of incompetence in a timely and appropriate fashion as foreseen in Article 51(1) of the Staff Regulations.

Some institutions have also adopted implementing rules on the following matters that are dealt with in Title III of the Staff Regulations: appointment of senior officials, middle management, secondment, leave on personal grounds, family leave, promotion, retirement and honorary rank.

Title IV – Working conditions of officials 14

Article 55(3) – Standby duty

The institutions have not laid down detailed rules for the application of the provisions on standby duty as foreseen in Article 55(3) of the Staff Regulations.

Article 55(4) – Working hours / flexible working time arrangements

Eight institutions have introduced flexible working-time arrangements as foreseen in Article 55(4) of the Staff Regulations.

Article 55a, Annex IVa, Article 5 - Part time work

Eight institutions have laid down detailed rules for the application of the provisions on part-time work as foreseen in Article 5 of Annex IVa to the Staff Regulations.

Article 55b - Job sharing

One institution has laid down detailed rules for the application of the article on job sharing as foreseen in Article 55b, third subparagraph, of the Staff Regulations.

Article 56 – Overtime

Nine institutions have laid down the procedure regarding the authorisation of overtime as foreseen in Article 56 of the Staff Regulations

Article 57 - Annual leave

The institutions have not laid down rules by agreement between institutions on annual leave as foreseen in Article 57 of the Staff Regulations. Nine institutions have adopted their own rules on this matter.

Article 61 - List of public holidays

All institutions have drawn up a list of public holidays by agreement as foreseen in Article 61 of the Staff Regulations.

Some institutions have also adopted implementing rules on the following matters that concern Title IV of the Staff Regulations: telework, maternity leave, sick leave, and unjustified absence.

Title V – Emoluments and social security for officials

Article 62, Annex VII, Article 17 – Transfer of part of the remuneration

All institutions have laid down rules by agreement on special regular transfer of part of an official's remuneration as foreseen in Article 17(1) of Annex VII to the Staff Regulations.

Article 67(1)(c), Annex VII, Article 3 - Education allowance

All institutions have laid down general implementing provisions on education allowance as foreseen in Article 3(1) of Annex VII to the Staff Regulations.

Article 71, Annex VII, Article 9 – Removal expenses

All institutions have adopted general implementing provisions or other implementing rules on removal expenses as foreseen in Article 9(1), third subparagraph, of Annex VII to the Staff Regulations.

Article 71, Annex VII, Article 13(2)(b) – Scale for missions in third countries

One institution has fixed and adjusted the scale for missions in countries outside the European Union expenses as foreseen in Article 13(2)(b) of Annex VII to the Staff Regulations.

Article 71, Annex VII, Article 13a - Mission expenses

Eight institutions have adopted general implementing provisions on mission expenses as foreseen in Article 13a of Annex VII to the Staff Regulations.

Article 72 - Sickness insurance

All institutions have drawn up rules by agreement on sickness insurance as foreseen in Article 72(1), first subparagraph, of the Staff Regulations.

Article 72 - Reimbursement of medical expenses

Following an empowerment by all institutions as foreseen in Article 72(1), third subparagraph, of the Staff Regulations, the Commission has adopted rules governing the reimbursement of expenses which are applicable in all institutions.

Article 73 - Insurance against risk of occupational disease or accidents

All institutions have drawn up rules by agreement on insurance against the risk of occupational disease or accidents as foreseen in Article 73(1) of the Staff Regulations.

Article 76a - Financial aid increasing the pension of a surviving spouse who has a serious or protracted illness or who is disabled

All institutions have fixed by agreement rules implementing on financial aid increasing the pension of a surviving spouse who has a serious or protracted illness or who is disabled as foreseen in Article 76a of the Staff Regulations.

Article 77, Annex VIII, Article 11 - Transfer IN of pension

Eight institutions have adopted general implementing provisions to determine the number of years of pensionable service with which an official who enters the service of the Union after leaving the service of a government administration or of a national or international organisation or pursuing an activity in an unemployed or self-employed capacity shall be credited under the Union pension scheme in respect of the former period of service as foreseen in Article 11(2), second subparagraph, of Annex VIII to the Staff Regulations.

A number of institutions have also adopted implementing rules on the following matters that are dealt with in Title V of the Staff Regulations: family allowances, household allowance by special decision, persons treated as if he were a dependent child, annual travel expenses, place of origin, loans and advances, calculation of pension rights and invalidity allowance.

Title VI – Disciplinary measures

Article 86, Annex IX, Articles 2(3) and 30 – Administrative enquiries and disciplinary proceedings

Six institutions have adopted implementing arrangements on administrative enquiries and disciplinary proceedings as foreseen in Articles 2(3) and 30 of Annex IX to the Staff Regulations.

Title VII – Appeals

One institution has adopted implementing rules on appeals in the sense of Articles 90 and 91 of the Staff Regulations.

Title VIIIa – Special provisions applicable to the EEAS

Article 96 - Commission officials working in a Union delegation and EEAS officials who have to carry out tasks for the Commission

The Commission and the EEAS have agreed on the detailed arrangements on the taking of instructions by a Commission official working in a Union delegation from the Head of Delegation and by an EEAS official who has to carry out tasks for the Commission from the Commission as foreseen in Article 96 of the Staff Regulations.

Title VIIIb – Special and exceptional provisions applicable to officials serving in a third country

Article 101a, Annex X, Article 1 - Officials serving in a third country

The Commission and the EEAS have adopted general implementing provisions applicable to officials of the European Union serving in a third country as foreseen in Article 1, third subparagraph, of Annex X to the Staff Regulations.

Article 101a, Annex X, Article 2 - Transfer of officials serving in third countries

Institutions have not laid down detailed implementing rules on transfers by a specific procedure referred to as the 'mobility procedure' as foreseen in Article 2, second subparagraph, of Annex X to the Staff Regulations.

Article 101a, Annex X, Article 3 – Exceptional application of Annex X to officials who are temporarily reassigned to Headquarters

Institutions have not adopted general implementing provisions on the exceptional application of Annex X to the Staff Regulations to officials who are temporarily reassigned to Headquarters as envisaged by Article 3 of Annex X to the Staff Regulations.

Article 101a, Annex X, Article 5 - Accommodation for officials serving in third countries

The Commission and the EEAS have laid down detailed rules on providing an official with accommodation as foreseen in Article 5, second subparagraph, of Annex X to the Staff Regulations.

Article 101a, Annex X, Article 10 – Allowance for living conditions

The Commission and the EEAS have adopted detailed provisions on the allowance for living conditions as foreseen in Article 10, third paragraph, of Annex X to the Staff Regulations.

Article 101a, Annex X, Article 23 - Reimbursement of rent for officials serving in third countries

The Commission and the EEAS have laid down detailed rules on an accommodation allowance or reimbursement of rent as foreseen in Article 23, fourth subparagraph, of Annex X to the Staff Regulations.

The Commission and the EEAS have also adopted implementing rules on the following matters that are dealt with in Title VIIIb of the Staff Regulations and its Annex X: rest leave, currency and weighting, reimbursement to officials assigned in non-member countries, temporary accommodation allowance and the cost of transport, sickness insurance and accident insurance.

Conditions of Employment of Other Servants

Title II – Temporary staff

Article 12(1), third subparagraph– Appropriate measures following the observation of a significant imbalance between nationalities among temporary staff

Article 12(1), third subparagraph, allows each institution to adopt appropriate measures following the observation of a significant imbalance between nationalities among temporary staff which is not justified by objective criteria. Those appropriate measures must be justified and shall never result in recruitment criteria other than those based on merit. Before such appropriate measures are adopted, the authority authorised to conclude contracts of engagement shall adopt general implementing provisions. At the time of finalisation of the present report, no institution had yet adopted such implementing provisions.

Article 12(5) – Procedures for the recruitment of temporary staff

Five institutions have adopted implementing provisions on the procedures for recruitment of temporary staff as foreseen in Article 12(5) of the Conditions of Employment of Other Servants.

Article 28a(10) - Application of the provision on granting an unemployment allowance to temporary agents

All institutions have laid down by mutual agreement detailed arrangements for the provisions on granting an unemployment allowance to temporary agents as foreseen in Article 28a(10) of the Conditions of Employment of Other Servants.

Article 54 – Reclassification of temporary staff - Article 2(f) CEOS

Most agencies have, on the basis of a Commission ex-ante agreement, adopted general provisions for the implementation of the provisions on classification of temporary staff (Article 2(f) CEOS) in the next higher grade as foreseen in Article 54, second subparagraph, of the Conditions of Employment of Other Servants.

Article 56 – Engagement and use of temporary staff - Article 2(f) CEOS

Most agencies have, on the basis of a Commission ex-ante agreement, adopted general provisions for the implementation of the procedures governing the engagement and use of temporary staff (Article 2(f) CEOS) as foreseen in Article 56 of the Conditions of Employment of Other Servants.

Some institutions have also adopted implementing rules on the following matters that concern Title II of the Conditions of Employment of Other Servants: general policy for the engagement and use of temporary agents, reclassification of temporary staff and maternity pay.

Title IV – Contract staff

Article 79(2) - Use of contract staff

All institutions have adopted general implementing provisions governing the use of contract staff as foreseen in Article 79(2) of the Conditions of Employment of Other Servants.

Article 82(6) - Engagement of contract staff

All institutions have adopted general implementing provisions on the procedures for engagement of contract staff as foreseen in Article 82(6) of the Conditions of Employment of Other Servants.

Article 86(1) - Grading of contract staff

All institutions have adopted general implementing provisions on the grading of contract staff as foreseen in Article 86(1) of the Conditions of Employment of Other Servants.

The Commission has also adopted implementing rules on contract staff in delegations.

Title V – Local staff

The Commission and the EEAS have adopted implementing rules on local agents in Delegations.

Title VI – Special advisers

The Commission has adopted implementing rules on special advisers.

Title VII – Parliamentary assistants

Article 125 - Parliamentary assistants

The European Parliament has adopted implementing measures by internal decision for the purposes of the application of the provisions on parliamentary assistants as foreseen in Article 125(1) of the Conditions of Employment of Other Servants.

b)    The register administered by the Court of Justice

Since February 2014, the register of the rules adopted by the appointing authority of each institution and agency is publicly available via the internet application "Communication and Information Resource Centre for Administrations, Businesses and Citizens (Circabc)" which can be accessed through a dedicated European Commission Authentication Service (ECAS) account.

The register has set up the following document structure:

Title

Description

1. Staff Regulations and the CEOS

"These are the Regulations applicable to officials of the European Union and the Conditions of employment applicable to other servants of the Union."

2. Rules of a general nature

"These are rules adopted by the Council of the European Union or delegated acts adopted by the European Commission for the application of the Staff Regulations and applicable to the staff of the institutions and agencies of the Union."

3. Rules fixed by common accord

"Certain articles of the Staff Regulations refer expressly, for their application, to rules fixed by common accord between the institutions. Those rules are adopted in exactly the same manner by each institution, and the President of the Court of Justice ultimately establishes the common accord of the institutions."

4. General implementing provisions

"Where the Staff Regulations expressly provide, each institution adopts its own general provisions for the implementation of the articles of the Staff Regulations, after consulting the Staff Committee and obtaining the opinion of the Staff Regulations Committee. Certain texts are also adopted by the institutions in the form of 'general implementing provisions' either where the articles of the Staff Regulations provide for 'implementing provisions' or where the statutory provisions are not sufficiently explicit to be applied directly."

5. Other internal provisions

"These are texts adopted by each institution to implement the Staff Regulations and are neither rules fixed by common accord nor general implementing provisions."

The present report concerns the rules as listed under title 3-5 in the register.

Regarding these rules, a consultation of the register shows that institutions have largely complied with their obligation of submitting their implementing rules to the register.

Regarding title 4 and 5 of the register, one should note that the content of the register is not identical with the content of the present report.

This divergence is mainly due to the absence of a common methodology regarding the submission of implementing rules to the register, which can lead to an approach different from the one followed by the present report. For example, some institutions have submitted certain rules to the register under the heading of "general implementing provisions", whereas the present report has identified these rules as "other implementing rules". Also, some institutions have submitted rules amending a pre-existing rule to the register separately, whereas the present report does not identify amending rules as separate rules.

The register also contains implementing rules which were no longer applicable during the period covered by the report and which therefore have not been listed therein.

Another reason for the divergence is the fact that some rules (mostly falling under the heading of "other implementing rules") have not (yet) been submitted to the register.

As regards agencies, the structure of the register was in the process of being redefined at the time of finalisation of the present report in order to cater for their specific situation. Works were under way that aim to streamline the presentation of implementing rules across agencies, especially with a view to implementing rules that were adopted following a Commission ex-ante agreement (see below point 4b), as well as the individual decisions giving effect to the Staff Regulations. 15

COMPLIANCE

→ Institutions have by and large complied with the framework of the Staff Regulations and the Conditions of Employment of Other Servants.

→ The present report does not indicate any systemic or otherwise alarming issues. In particular, institutions are in compliance with the changes brought by the 2014 reform of the Staff Regulations regarding implementing rules.

→ The report allows identifying those - altogether limited - areas were institutions have lagged behind the statutory framework.

→ The register held by the Court of Justice is up and running.



TITLE 4.    GOVERNANCE

GOVERNANCE

→ What mechanisms are in place to ensure that institutions harmonise their practices wherever possible in order to avoid unequal treatment of EU staff?

→ What governance mechanisms are in place for agencies?

a)    Harmonisation of rules and practices across institutions

(1)    The role of the College of Heads of administration 

The European institutions have, since their creation, cooperated on an inter-institutional level. Originally, the presidents of the institutions met in the composition of the Commission of the Presidents (Commission des presidents). 16

Since 1958, the Heads of administration have met in the composition of the College of Heads of administration (Collège des Chefs d'administration - CCA).

The College of Heads of administration has as its legal base Article 110(5) of the Staff Regulations, according to which "[t]he administrative departments of the institutions and the agencies shall consult each other regularly concerning the application of these Staff Regulations. Agencies shall be jointly represented in those consultations in accordance with the rules to be fixed by agreement between them."

The College is composed of the Heads of administration of the institutions of the European Union (Directors general and Directors responsible for administration and/or human resources) and a representative for the agencies designated by them. 17 An adviser from the Legal service of the European Commission participates to all meetings. Following a long standing practice and agreement between the Heads of administration, the College is chaired by the Registrar of the Court of Justice of the European Union.

Each Head of administration can request to put on the agenda a matter for decision, for discussion or for information. If, following the discussions, the Heads of administration agree to apply administrative practices in the same manner, each Head of administration will adopt internal directives or recommend the adoption of decisions to the competent administrative authority.

If a matter concerns a harmonised interpretation of certain provisions of the Staff Regulations or the Conditions of Employment of Other Servants, the decisions taken by the College are transposed into Conclusions of the Heads of administration (Conclusions des Chefs d'administration). Each institution will then adopt internal directives to apply these conclusions.

Several preparatory committees assist the College in its work. They can also propose to put matters on the agenda. As regards matters relating to application of the Staff Regulations, preparatory work is assured by the Preparatory committee for statutory questions (Comité de préparation pour les questions statutaires - CPQS).

PROCESS FOR THE ADOPTION OF CONCLUSIONS OF THE HEADS OF ADMINISTRATION 18

Preparation of a proposal for a Conclusion by a preparatory committee

Approval of a proposal for a Conclusion by the College of Heads of administration

Finalisation of the provisional text of the Conclusion and attribution of a number by the secretariat of the College

Submission of the Conclusion by the Staff Regulations Committee for comments

Presentation of the observations of the Staff Regulations Committee by its co-president during a College meeting

Approval of the definitive Conclusion by the College of Heads of administration

CONCLUSION

Adoption of an internal directive which transposes the Conclusion by the appointing authority of each institution

According to a long standing practice, the decision-making process within the College of Heads of administration is based on consensus. This means that in order to arrive at a Conclusion, all Heads of administration aim to find a common position. Based on their duty of collaboration as laid down in Article 110(5) of the Staff Regulations and following a long standing practice, the Heads of administration strive in their discussions to arrive at harmonised rules and practices across the institutions.

(2)    The role of the Staff Regulations Committee 

According to Article 10, first subparagraph, of the Staff Regulations, the Staff Regulations Committee (Comité du statut) consists of representatives of the institutions of the Union and an equal number of representatives of their Staff Committees. The agencies are jointly represented.

According to Article 1 of the rules adopted by agreement between the appointing authorities of the institutions of the European Union on the composition of the Staff Regulations Committee, it consists of 22 members: one member designated by each of the ten institutions, 1 member designated by the agencies, one member designated by the staff committee of each of the ten institutions and 1 members designated by the staff committee of the agencies.

The Staff Regulations Committee is consulted prior to the adoption of the rules adopted by agreement between the institutions, general implementing provisions and Conclusions of Heads of administration. It may also be consulted by an institution prior to the adoption of other implementing rules.

The decision making process within the Staff Regulations Committee is based on a system of qualified majority as detailed in Article 2 of the rules adopted by agreement between the appointing authorities of the institutions of the European Union on the composition of the Staff Regulations Committee.

b)    Harmonisation of rules and practices across agencies

Regarding implementing rules in agencies, the main driver for a harmonised approach is the principle set up by Article 110(2) of the Staff Regulations according to which implementing rules adopted by the Commission shall apply by analogy to the agencies.

If agencies intend to adopt an individual decision outside this framework, they are required to request the Commission's agreement on this.

For the sake of simplification, administrative efficiency and harmonisation of rules and practices across agencies, the Commission has developed a mechanism to grant an ex-ante agreement subject to the condition that the agency concerned follows a uniform model proposed by the Commission. 19

As shown in Annex IV, ex-ante agreements have been used in the following areas: establishment of a staff committee, harassment, leave on personal grounds, annual report/appraisal, promotion, working time, engagement and reclassification of temporary staff referred to Article 2(f) of the Conditions of Employment of Other Servants, maximum duration for the recourse to non-permanent staff, appraisal and reclassification of contract staff.

GOVERNANCE

→ Governance across institutions functions according to long-standing administrative tradition.

→ Governance of agencies is ensured, since the Reform of 2014, by the Commission. The most important driver is application of Commission rules by analogy in agencies.

→ Another important driver is the practice developed by the Commission to make the agreement on derogations conditional on the use by agencies of harmonised model decisions. These "ex-ante agreements" avoid the proliferation of individual derogations across agencies.

TITLE 5.    SUMMARY CONCLUSION

The present report gives an overview of the rules adopted to give effect to the Staff Regulations and the Conditions of Employment of Other Servants in institutions which were in force during the period between 2014 and 2016.

This overview presents the following main features:

1.Institutions have widely used their power to adopt rules to give effect to the Staff Regulations and the Conditions of Employment of Other Servants.

2.The appointing authorities of the individual institutions have exercised this power to varying degrees. This variety can be seen as a reflection of different administrative realities and the principle of autonomy of each institution as an employer as recognized by EU law.

3.When adopting implementing rules, the appointing authorities of the institutions have respected the legal framework foreseen by the Staff Regulations and the Conditions of Employment of Other Servants.

4.The Court of Justice of the European Union has set up the register of implementing rules as foreseen in Article 110(6) of the Staff Regulations as from February 2014. This register is publicly available and updated by institutions on a continuous basis.

5.A number of mechanisms are in place to ensure a uniform application of the Staff Regulations and the Conditions of Employment of Other Servants across institutions and agencies, such as:

·The use of rules adopted by agreement between the institutions of the Union; 

·The possibility for the institutions to empower one institution to adopt general implementing provisions applicable to all of them;

·The mandatory consultation of the Staff Regulations Committee prior to the adoption of general implementing provisions;

·Regular consultations between the administrative departments of the institutions and the agencies on the basis of Article 110(5) of the Staff Regulations and;

·Specific mechanisms applicable to agencies (application of Commission rules by analogy; horizontal ex-ante agreements).

CONCLUSION

→ Consistent application of the Staff Regulations:

Institutions enjoy autonomy as regards the application of the Staff Regulations and the Conditions of Employment of Other Servants to their staff. This autonomy is exercised within the legal framework as provided for by the Staff Regulations. The Staff Regulations foresee specific mechanisms to achieve a common inter-institutional approach whenever the subject matter calls for such harmonisation.

→ Transparency:

The report provides an exhaustive inventory of the situation across institutions. It presents all implementing rules by using a common methodology. This allows for a comparative approach across institutions, thereby enhancing transparency. Regarding agencies, the report provides an aggregated overview and analyses the effects of the harmonisation mechanisms introduced since 2014.

→ Compliance:

Institutions have by and large complied with the framework of the Staff Regulations and the Conditions of Employment of Other Servants. The present report does not indicate any systemic or otherwise alarming issues. In particular, institutions are in compliance with the changes brought by the 2014 reform of the Staff Regulations regarding implementing rules. The report allows identifying those - altogether limited - areas were institutions have lagged behind the statutory framework. The register held by the Court of Justice is up and running.

→ Governance:

Governance across institutions functions according to long-standing administrative tradition. With regard to implementing measures adopted in accordance with the Staff Regulations, governance of the agencies by the Commission has been reinforced by the Reform of 2014. The most important driver is application of Commission rules by analogy in agencies. Another important driver is the practice developed by the Commission to make the agreement on derogations conditional on the use by agencies of harmonised model decisions. These "ex-ante agreements" avoid the proliferation of individual derogations across agencies.

OUTLOOK

As regards individual issues of non-compliance, institutions can already address their respective area of non-compliance as identified by the present report.

It should be explored how a reinforced cooperation among institutions could further strengthen the equal treatment of EU staff in conformity with the Staff Regulations.

ANNEXES

Annex I            Rules adopted by agreement between institutions

Annexes II.1-II.10        Implementing rules in institutions

Annexes III            Consolidated table

Annex IV            Implementing rules in agencies

(1)

See recital 32 of Regulation N° 1023/2013 of 22 October 2013.

(2)

Article 110(6) of the Staff Regulations as amended by Regulation N° 1023/2013 of 22 October 2013.

(3)

The report does not include delegated acts adopted on the basis of Articles 111 and 112 of the Staff Regulations. These acts result from the exercise by the Commission (or, before the 2014 reform of the Staff Regulations, by the Council) of its specific power to enact rules having a general effect on all EU staff members. Implementing rules within the meaning of Article 110 of the Staff Regulations, on the other hand, are adopted by an institution on the basis of its appointing authority power and are limited to the staff members of the institution itself.

(4)

See the Vademecum of the Heads of administration of the European Union, version 2012, Annex II.

(5)

The report does not cover the empowerment foreseen in Article 2(3) of the Annex "Transitional provisions applicable to the staff covered by the Conditions of Employment of Other Servants". This provision does not relate to the period covered by the report.

(6)

This principle of autonomy of each institution as an employer has been confirmed by the jurisprudence, see judgments of 5 July 2011, V/ European Parliament, F-46/09, point 135 and of 28 April 2017, Azoulay et.al. / European Parliament, T-580/16, point 57 and the jurisprudence cited.

(7)

See the Vademecum of the Heads of administration of the European Union, version 2012, Annex II.

(8)

 With regard to Article 10 of Annex X to the Staff Regulations in its version prior to the entry into force of the 2014 reform, the General Court has ruled that implementing provisions based on this article should take on the form of general implementing provisions (Vanhalewyn/EEAS, T-792/14P, point 25). The current version of Article 10(3) of Annex X to the Staff Regulations, on the other hand, refers only to “detailed provisions for the application of this Article”, without further specifying its legal form.

(9)

According to Article 36.1 of the Protocol (No 4) on the Statute of the European System of Central Banks and of the European Central Bank, staff members of the European Central Bank are subject to the condition of employment of the staff of the ECB.

(10)

An exception was made in the case of "omnibus decisions" adopted by the EEAS, i.e. general decisions that adopt, en bloc and by way of analogy, several special decisions of other institutions. In such a case, the respective number of special decisions was counted.

(11)

However, when a general implementing rule was replaced by a different type of implementing rule (or vice versa), two implementing rules were counted (one for each category of rules).

(12)

To illustrate this point, see the European Parliament's General Implementing Provisions governing competitions and selection procedures, recruitment and the grading of officials and other servants of the European Parliament of 17 October 2014. The European Commission has treated these issues in separate legal texts.

(13)

For further reference, see the Communication C(2014) 6543 final of 26 September 2014 from Vice-President Šefčovič to the Commission on the guidelines on the implementation of Article 110(2) of the Staff Regulations with regard to the implementing rules applicable in the agencies, and the Commission Decision C(2014) 7229 final of 8 October 2014 on the exercise of certain powers in respect of the agreement to be given by the Commission to the agencies before the adoption of implementing rules giving effect to the Staff Regulations in accordance with Article 110(2) thereof.

(14)

Title IV also contains specific empowerments to the Commission (before the 2014 Staff Reform of the Staff Regulations: to the Council) to determine by means of delegated acts categories of officials entitled to specific allowances (shift work, standby duty, particularly arduous working conditions). These delegated acts are not the subject of the present report, see footnote 4.

(15)

On 7 June 2017, the College of Heads of administration (Collège des Chefs d'administration - CCA) decided to modify the structure of the register in order to allow the Commission to register the ex-ante agreements and the agencies to register implementing rules based on the model decisions to which the Commission gave an ex-ante agreement and individual implementing rules.

(16)

 The first meeting of the Commission of the Presidents was held on 19 December 1952.

(17)

 The European Central Bank and the European Investment Bank participate in the College of Heads of administration as observers.

(18)

See the Vademecum of the Heads of administration of the European Union, version 2012, Annex II.

(19)

For further reference, see the Commission's Guidelines on the implementation of Article 110(2) of the Staff Regulations with regard to the implementing rules applicable in the agencies, C(2014)6543 final, especially under Point 2.B.

Top

Brussels, 26.10.2017

COM(2017) 632 final

ANNEX

to the Report from the Commission to the European Parliament and the Council on the rules adopted by the appointing authority of each institution to give effect to the Staff Regulations

Rules adopted by agreement between institutions


Staff Regulations
(applicable by analogy to other servants whenever the CEOS expressly provide for it)

Article

Subject Matter

Title

Entry into force

Title I - General Provisions

10

Staff Regulations Committee

Common agreement between the appointing authorities of the institutions of the European Union on the composition of the Staff Committee

11.12.2015

Title III - Career of officials

Chapter 1 - Recruitment

27 + Annex II (Art 2)

EPSO/Common joint committee

Rules on articles 2 and 6 of the Council Regulation (CEE, Euratom, CECA) n° 3947/92 modifying the Staff Regulations of the officials of the European Communities and conditions of employment applicable to other servants

01.04.2004

Chapter 2 - Administrative Status 

37(1)(b)

List of bodies pursuing the interest of the European Union

Common rules modifying the rules establishing a list of organizations devoted to furthering the Community's interest

01.07.2002

Chapter 3 - Reports, advancement to a higher step and promotion 

45(2)

Ability of officials to work in a third language

Rules by agreement between institutions on the application of Article 45(2) of the Staff Regulations

01.04.2016

Title IV - Working conditions

Chapter 3 - Public Holidays

61

List of Public holidays

Joint rules establishing the list of public holidays of officials of the European Communities

01.10.1966

Title V + Annex VII - Emoluments and social security for officials

Chapter 1 - Remuneration and expenses

Annex VII ( Art 17)

Transfer of emoluments

Joint rules on detailed arrangements for the transfer of part of the emoluments of officials of the European Communities

01.05.2004

Chapter 2 - Social Security benefits

72

Sickness insurance

Joint Rules on sickness insurance for officials of the European Union

25.05.2005

73

Insurance scheme against the risk of occupational disease or accidents

Common rules on the insurance scheme against the risk of occupational disease or accidents

14.12.2005

76 a

Financial aid increasing the pension of a surviving spouse with a serious or protracted illness or who is disabled

Common rules on financial aid increasing the pension of a surviving spouse suffering of serious or protracted illness or who is disabled

01.06.2016



Conditions of Employment of Other Servants

Article

Subject Matter

Title

Entry into force

Title II - Temporary Staff

Chapter 6 - Social security benefits

28a (10)

Unemployment allowance

Common rules for applying the provisions governing unemployment allowance for temporary staff

05.07.1989

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Brussels, 26.10.2017

COM(2017) 632 final

ANNEX

to the Report from the Commission to the European Parliament and the Council on the rules adopted by the appointing authority of each institution to give effect to the Staff Regulations

Implementing rules in the institutions


European Parliament

Staff Regulations

(applicable by analogy to other servants whenever the CEOS expressly provide for it)

Article

Subject Matter

Implementing rule

Entry into force

Date of expiry

Counting

Title I - General Provisions

1d(4)

Disability

Internal Rules Implementing Article 1d(4) (Persons with a disability)

01.04.2015

1 IR

2

AIPN Powers

Decision of the Bureau of 9 December 2013 delegating powers in respect of issues in connection with the implementation of the Staff Regulations

09.12.2013

1 IR

Decision of the Bureau of 13 January 2014 on the delegation of powers of the appointing authority and the authority to conclude contracts of employment

13.01.2014

1 IR

Title II - Rights and Obligations of Officials

12a

Harassment

Internal Rules for the advisory committee on harassment and its prevention at the workplace - DV\608697 - 21 February 2006

21.02.2006

1 IR

Internal Rules on harassment and its prevention at the workplace and on harassment complaints (last amended on 7 July 2015)

14.04.2014

1 IR

22 a - c

Whistleblowing

Decision of the Secretary-General on Internal rules implementing article 22c of the Staff Regulations

01.01.2016

1 IR

Title III - Career of Officials

Chapter 1 - Recruitment

Internal rules on the recruitment of officials and other servants,

03.05.2004

01.11.2014

General Implementing Provisions on grading

18.05.2004

01.11.2014

27 - 34

Recruitment

Implementing measures concerning the recruitment and conditions of employment of contract staff and contract staff for auxiliary tasks within the European Parliament and setting out certain specific provisions concerning the rights of contract staff and contract staff for auxiliary tasks

19.11.2007

01.11.2014

1 GIP

General implementing provisions governing competitions and selection procedures, recruitment and the grading of officials and other servants of 17 October 2014

01.11.2014

29(2)

Recruitment of senior officials

Bureau Decision laying down the steps in the procedure for appointing senior officials (last amended on 18 February 2008)

16.05.2000

1 IR

Chapter 2 - Administrative Status

Section 2 - Secondment

37(a)

Secondment

Internal Rules on secondment of officials of 16 October 2014, pursuant to article 37 (a)

01.11.2014

1 IR

Section 3 - Leave on personal grounds

40

Leave on personal grounds

Staff notice on leave on personal grounds of 21 September 2004

21.09.2004

01.11.2014

1 IR

Internal rules on leave on personal grounds and unpaid leave

01.11.2014

Article

Subject Matter

Implementing rule

Entry into force

Date of expiry

Counting

Section 6 - Parental or Family leave

42a

Parental leave

General implementing provisions of 18 May 2004

18.05.2004

01.10.2014

1 GIP

Decision of the Secretary-General of 4 September 2014 on General implementing provisions concerning parental leave

01.10.2014

42b

Family leave

Internal instructions of 18 May 2004

18.05.2004

01.07.2014

1 IR

Internal rules on family leave of 4 of June 2014

01.07.2014

Chapter 3 - Reports, advancement to a higher step and promotion

General implementing provisions of 6 July 2005

06.07.2005

01.11.2014

1 GIP

General implementing provisions applicable to article 43 of the Staff Regulations of officials and article 15(2) and 87(1) of the Conditions of employment of other servants (staff reports),

01.11.2014

43

Annual report

Guide to Staff reports

22.06.2000

01.11.2014

1 IR

Internal Rules governing application of the General implementing provisions applicable to article 43 of the Staff Regulations of officials and article 15(2) and 87(1) of the Conditions of employment of other servants (staff reports)

01.11.2014

General implementing provisions governing the staff reports procedure applicable to senior management pursuant to article 43 of the staff regulations and article 15(2) of the conditions of employment of other servants

07.07.2008

27.02.2015

1 GIP

General implementing provisions governing the staff reports procedure applicable to senior management pursuant to article 43 of the staff regulations and article 15(2) of the conditions of employment of other servants

27.02.2015

44(2) - 46

Confirmation in management posts

Internal Rules confirming the appointments of head of units, directors and directors-general (last amended on 18 July 2014)

07.07.2008

1 IR

45

Promotion

Internal directive on advisory promotions committees of 19 October 2005

19.10.2005

18.07.2014

1 IR

Internal rules on advisory promotions committees

18.07.2014

Implementing measures concerning the award of merit points and promotions of 6 May 2008

06.05.2008

20.06.2014

1 IR

Internal rules on the award of merit points and promotion

20.06.2014

Bureau Decision of 6 July 2005 on promotion and career progression (last amended on 21 April 2008)

06.07.2005

20.06.2014

1 IR

Decision of the Secretary-General of 20 June 2014 on Policy on promotions and career progression

20.06.2014

45(a)

Certification

General implementing provisions relating to the certificate procedure (article 45a of the Staff Regulations) (last amended on 7 July 2008)

26.09.2005

1 GIP

Chapter 4 - Termination of Service

Section 4 - Procedures dealing with incompetence

51

Professional incompetence

Bureau Decision of 3 July 2006 on implementing article 51 dealing with incompetence

03.07.2006

01.01.2016

1 IR

Internal rules on implementing article 51 of the Staff regulations

01.01.2016

Title IV - Working conditions of officials

Chapter 1 - Hours of work

55a + Annex

IV a

Part time work

General implementing provisions of 2 June 2004

02.06.2004

01.07.2014

1 IR

Decision of the Secretary-General of 4 June 2014 on Internal rules on part-time working

01.07.2014

Article

Subject Matter

Implementing rule

Entry into force

Date of expiry

Counting

56 + Annex VI

Overtime

Internal rules concerning the fixed allowance for overtime of 14 March 2005

14.03.2005

01.01.2014

1 IR

Internal rules on compensation in respect of overtime of 18 May 2004

18.05.2004

01.01.2014

Internal rules on overtime

01.01.2014

Chapter 2 - Leave

57 + Annex V

Annual Leave and Special leave

Internal rules governing leave

01.01.2014

1 IR

58

Maternity leave

Guide to Leave and Absence of 10 November 2008

10.11.2008

05.09.2014

1 IR

Internal rules governing leave

05.09.2014

59-60

Sick leave

Internal rules on medical examinations in connection with absence from work on medical grounds and periodic medical examinations of persons claiming the invalidity allowance

04.06.2010

12.09.2014

1 IR

Internal rules on medical examinations in connection with absence from work on medical grounds and periodic medical examinations of persons claiming the invalidity allowance

12.09.2014

Title V + Annex VII - Emoluments and social security for officials

Chapter 1 - Remuneration and expenses

Annex VII - Remuneration and reimbursement of expenses

Section 1 - Family allowances

67 - 68 +

Annex VII (Art 1 - 3)

Family allowances

General implementing provisions concerning family allowances

01.05.2004

1 GIP

67 - 68 +

Annex VII (Art 1(2)(d))

Household allowance by special decision

General implementing provisions on granting the household allowance by special decision

01.05.2004

1 GIP

67 - 68 +

Annex VII (Art 2(4))

Person treated as dependent child

General implementing provisions relating to persons treated as dependent children

01.05.2004

1 GIP

67 - 68 +

Annex VII (article 3)

Education allowance

General implementing provisions concerning the granting ot the education allowance

01.12.2016

1 GIP

Section 3 - Reimbursement of expenses

71 + Annex

VII (Art 7- 8)

Travel expenses

General implementing provisions on the payment of annual travel expenses

01.01.2014

1 GIP

71 + Annex

VII (Art 8)

Place of origin

General implementing provisions for determining or changing place of origin

01.01.2014

1 GIP

71 + Annex

VII (Art 9)

Removal expenses

General implementing provisions on the reimbursement of removal expenses

01.01.2014

1 GIP

71 + Annex

General implementing provisions concerning reimbursement of mission and duty travel expenses

10.09.2009

1 GIP

VII (Art 11 - 13 a)

Mission and duty travel expenses

Internal rules governing missions and duty travel by officials and other servants of the European Parliament (Decision of the Secretary-General of 10/09/2009)

01.01.2010

1 IR

Chapter 2 - Social Security benefits

Art 76

Financial assistance

Internal rules on the application of Article 76 of the staff regulations on financial assistance for officials and other staff in a particularly difficult financial position

01.12.2016

1 IR

Chapter 3 + Annex VIII - Pensions and invalidity allowance

77+Annex VIII (Art 11 - 12)

Transfer of pension rights

General implementing provisions for the transfer of pension rights,

01.08.2011

1 GIP

Article

Subject Matter

Implementing rule

Entry into force

Date of expiry

Counting

Art 73 and

78 + Annex VIII

Invalidity allowance

Internal rules on the procedure for convening the invalidity committee

24.09.2010

1 IR

Title VI - Disciplinary measures

86 + Annex IX

Disciplinary proceedings and administrative investigations

Decision of the Secretary-General of 18 May 2004 on General implementing provisions governing disciplinary proceedings and administrative investigations

01.05.2004

1 GIP

Conditions of Employment of Other Servants

Article

Subject matter

Implementing rule

Entry into force

Date of expiry

Counting

Title II - Temporary Staff

8

General policy for the engagement of Temporary staff

General implementing provisions governing competitions and selection procedures, recruitment and the grading of officials and other servants of 17 October 2014

01.11.2014

1 GIP

10

Reclassification of Temporary staff

Internal rules on the reclassification of temporary staff employed under article 2(a) of the conditions of employment of others servants

21.10.2014

1 IR

Chapter 3 - Conditions of engagement

17 + 91

Maternity leave and maternity pay

Internal rules governing leave

01.01.2014

1 IR

Title IV - Contract staff

Chapter 1 - General provisions

79(2)

Use of Contract Staff

General implementing provisions governing competitions and selection procedures, recruitment and the grading of officials and other servants of 17 October 2014

01.11.2014

0

Chapter 3 - Conditions of engagement

82

Recruitment procedures for Contract Staff

General implementing provisions governing competitions and selection procedures, recruitment and the grading of officials and other servants of 17 October 2014

01.11.2014

0

86

Grading upon recruitment

General implementing provisions governing competitions and selection procedures, recruitment and the grading of officials and other servants of 17 October 2014

01.11.2014

0

Chapter 4 - Special provisions for members of the contract staff referred to Article 3a

87

Appraisal of Contract Staff

General implementing provisions applicable to article 43 of the Staff Regulations of officials and article 15(2) and 87(1) of the Conditions of employment of other servants (staff reports)

01.11.2014

1 GIP

Internal Rules governing application of the General implementing provisions applicable to article 43 of the Staff Regulations of officials and article 15(2) and 87(1) of the Conditions of employment of other servants (staff reports)

01.11.2014

1 IR

Title VII - Parliamentary assistants

125 - 139

Implementing measures for Title VII

Implementing measures for title VII of the conditions of employment of other servants of the European Union

14.05.2014

1 IR



Council

Staff Regulations

(applicable by analogy to other servants whenever the CEOS expressly provide for it)

Article

Subject Matter

Implementing rule

Entry into force

Date of expiry

Counting

Title I - General Provisions

1d(4)

Disability

General implementing provisions for Article 1e(4)

01.05.2004

1 GIP

1e(2)

Health and safety

Decision 124/03 on the creation of a joint committee for the improvement of health and safety at work

2003

1 IR

2

AIPN Powers

Council Decision 2013/811/EU determining for the General Secretariat of the Council the Appointing Authority and the Authority empowered to conclude contracts of employment

17.12.2013

1 IR

Decisions of the Secretary General 22/14, 23/14, 72/14, 47/2015 and Decision 24/14 and 46/14 of the Director General for administration

2014-2015

1 IR

5 + Annex I

Types of posts and post titles

Decision 24/16 on types of posts and post titles

01.07.2016

1 IR

5 + Annex I and Annex XIII (article 30 - 31)

Assignment of officials holding special responsibilities to "Head of unit or equivalent" or "Adviser or equivalent" before 31 December 2015

Decision 6/14 on the assignment of officials AD 9-14 holding special responsibilities to the type of post "Head of Unit or equivalent" or "Adviser or equivalent" before 31/12/2015 (last amended by Decision 34/14 amending the organization chart of management posts and administrative entities and making appointments to management, adviser and/or head of unit equivalent positions)

01.01.2014

1 IR

7

Transfer

Decision 101/2011 on mobility procedures (last amended by Decision 21/15 of 27 March 2016)

2011

1 IR

Title II - Rights and Obligations of Officials

11 - 21

Ethics and Integrity

Decision 34/2013 on favours and gifts

02.09.2013

16.11.2015

1 IR

Decision 61/2015 on outside activities and assignments

16.11.2015

12a

Harassment

Decision 15/2015 concerning psychological and sexual harassment at work

01.05.2015

1 IR

12b - 16 - 17

Outside activities

Staff Notes 124/2000 on outside activities

22.09.2000

16.11.2015

1 IR

Decision 61/2015 on outside activities and assignments

16.11.2015

22 a -c

Whistleblowing

Internal Rules for reporting serious irregularities (3/16)

29.02.2016

1 IR

Title III - Career of Officials

Chapter 1 - Recruitment

27-34

Recruitment

Council Decision adopting general implementing provisions on the criteria applicable to classification in step upon recruitment of officials or engagement

29.04.2004

25.03.2015

1 GIP

Decision 18/2015 adopting general implementing provisions on the criteria applicable to classification in step upon recruitment of officials or engagement of temporary staff

25.03.2015

Chapter 2 - Administrative Status

Section 3 - Leave on personal grounds

40

Leave on personal grounds

Internal rules on leave on personal grounds

01.01.2014

1 IR

Section 6 - Parental or Family leave

42a

Parental leave

General Implementing provisions on parental leave

01.01.2014

1 GIP

Article

Subject Matter

Implementing rule

Entry into force

Date of expiry

Counting

Chapter 3 - Reports, advancement to a higher step and promotion

43

Annual report

Council Decision laying down the general implementing provisions for the application of Article 43 of the Staff Regulations on periodical reports

19.10.1981

1 GIP

45

Promotion

Decision 194/83 on advisory Committees on Promotions (last amended by Decision 33/14 on advisory committee on promotions)

13.04.1983

1 IR

Council Decision concerning the general implementing provisions for Article 45 a of the Staff Regulations

20.09.2005

16.12.2015

1 GIP

Decision concerning the general implementing provisions on certification pursuant to Article 45a

16.12.2015

45(a)

Certification

Decision 50/2013 of the Appointing authority concerning the criteria for the ranking of the applicants for the purposes of the certification procedure

2013

1 IR

Decision 64/2014 concerning the criteria for the ranking of applicants for the purpose of the certification procedure

01.12.2014

1 IR

Chapter 4 - Termination of Service

Section 4 - Procedures dealing with incompetence

51

Incompetence

Decision 144/2011 on the procedure of identifying, dealing with and remedying cases of professional incompetence

2011

29.07.2015

1 IR

Decision 46/2015 on the procedure of identifying, dealing with and remedying cases of professional incompetence

29.07.2015

Title IV - Working conditions of officials

Chapter 1 - Hours of work

55

Working-time

Decision 2/2014 laying down provisions applicable to flexitime

01.01.2014

1 IR

55a + Annex IV a

Part time work

Decision 14/2014 on part time work

01.01.2014

1 IR

Teleworking

Decisions 44/2012, 145/2012, 146/2012, 147/2012,

146/2012, 12/2013, 1/2016 on teleworking

2012-2016

1 IR

56 + Annex VI

Overtime

Decisions 3/2014, 4/2014 and 5/2014 laying down provisions applicable to overtime and time off for health reasons concerning staff to whom Decision 2/2014 does not apply

01.01.2014

1 IR

Chapter 2 - Leave

57 + Annex V

Annual Leave and Special leave

Decision 1/2014 laying down rules for the application of the provisions of SR in relation to leave for officials in active employment

01.01.2014

1 IR

58

Maternity leave

Decision 1/2014 laying down rules for the application of the provisions of SR in relation to leave for officials in active employment

01.01.2014

0

59(6)

Annual medical visit

Decision 43/2015 relating to the determination of the maximum reimbursement amount for practitioner's fees relating to the annual medical check-up for 2015

2015

1 IR

Article

Subject Matter

Implementing rule

Entry into force

Date of expiry

Counting

Title V + Annex VII - Emoluments and social security for officials

Chapter 1 - Remuneration and expenses

Annex VII - Remuneration and reimbursement of expenses

Section 1 - Family allowances

67 - 68 +

Annex VII (Art 1 - 3)

Family allowance

Council Decision adopting general implementing provisions for Articles 67 and 68 of the Staff Regulations of officials of the European Communities and Articles 1, 2 and 3 of Annex VII thereto

01.05.2004

1 GIP

67 - 68 +

Annex VII (Art 1(2)(d))

Household allowance by special decision

Council Decision adopting the general implementing provisions concerning the granting of the household allowance by special decision

01.05.2004

1 GIP

67 - 68 +

Annex VII (Art 2(4))

Person treated as dependent child

General implementing provisions concerning a person treated as a dependent child

01.05.2004

1 GIP

67 - 68 +

Annex VII (Art 3)

Education allowance

General Implementing provisions for granting of the education allowance (13/2014)

01.01.2014

1 GIP

Section 3 - Reimbursement of expenses

71 + Annex VII (Art 7 - 8)

Travel expenses

General Implementing provisions on travel expenses from the place of employment to the place of origin (12/2014)

01.01.2014

1 GIP

71+Annex VII (Art 8)

Place of origin

General Implementing provisions on determining the place of origin

01.01.2014

1 GIP

71+Annex VII (Art 9)

Removal expenses

General implementing provisions on reimbursement of removal expenses

01.01.2014

1 GIP

71+Annex VII (Art 11 - 13a)

Mission and duty travel expenses

General Implementing Provisions adopting the Mission Guide for officials and other staff, Staff Note 128/08

24.07.2008

01.01.2016

1 GIP

General Implementing Provisions adopting the Mission Guide for officials and other staff, 57/15

01.01.2016

Chapter 3 + Annex VIII - Pensions and invalidity allowance

77+Annex VIII (Art 11 - 12)

Transfer of pension rights

General implementing provisions for articles 11 and 12 of annex VIII relating to the transfer of pension rights

11.10.2011

1 GIP

Conditions of Employment of Other Servants

Article

Subject matter

Implementing rule

Entry into force

Date of expiry

Counting

Title II - Temporary Staff

Chapter 3 - Conditions of engagement

17 + 91

Maternity leave and maternity pay

Decision 15/2014 on maternity leave and pay for women whose maternity leave begins before the end of their contract

01.01.2014

1 IR

Title IV - Contract Staff

Chapter 1 - General provisions

79(2)

Use of Contract Staff

Decision 7/14 adopting General implementing provisions on the procedures governing the engagement and the use of contract staff

01.01.2014

1 GIP

Chapter 3 - Conditions of engagement

82

Recruitment procedures for Contract Staff

Decision 7/14 adopting General implementing provisions on the procedures governing the engagement and the use of contract staff

01.01.2014

0

86

Grading upon recruitment

Decision 7/14 adopting General implementing provisions on the procedures governing the engagement and the use of contract staff

01.01.2014

0

Chapter 4 - Special provisions for members of the contract staff referred to Article 3a

87

Appraisal of Contract staff

Decision 208/2008/EC on classification

2008

24.10.2014

1 IR

Decision 55/2014 concerning the classification of contract staff in the next higher grade in the same function group

24.10.2014



EUROPEAN COMMISSION

Staff Regulations

(applicable by analogy to other servants whenever the CEOS expressly provide for it)

Article

Subject Matter

Implementing rule

Entry into force

Date of expiry

Counting

Title I - General Provisions

1d(4)

Disability

C(1998)2765/1 - Code of Good Practice for the Employment of People with Disabilities (last amended by Commission decision C(2003) 4362)

15.09.1998

1 IR

C(2004)1318 Commission Decision implementing article 1d

(4) of the staff regulations

07.04.2004

1 IR

1e(1)

Measures of social nature

C(2013)4876 of Commission Decision of 7.8.2013 on the guidelines for assistance with home care or care for a sick child

07.08.2013

1 IR

1e(2)

Health and safety

C(2003)1670/3 Commission Decision on the protection of staff against the effects of tobacco smoke in Commission buildings

15.07.2003

1 IR

C(2006)1623 Commission Decision establishing a harmonized policy for health and safety at work for all commission staff

26.04.2006

1 IR

2

AIPN Powers

C(2013)3288 Commission Decision on the exercise of powers conferred by the Staff Regulations on the appointing authority (AIPN) and by the Conditions of Employment of Other Servants on the authority empowered to conclude contracts of employment (AHCC) (last amended by C(2016)1881 final)

04.06.2013

1 IR

5 + Annex I

Types of posts and post titles

C(2013)8979 - Commission Decision on types of post and post titles

01.01.2014

1 IR

C(2004) 3623 final concerning the function of adviser

29.09.2004

07.06.2016

1 IR

C(2016) 3214 final concerning the function of adviser

07.06.2016

5 + Annex I and Annex XIII (article 30 - 31)

Assignment of officials holding special responsibilities to "Head of unit or equivalent" or "Adviser or equivalent" before 31 December 2015

C(2013)8979 - Commission Decision on types of post and post titles

01.01.2014

0

7

Transfer

C(2008)3983 - Commission decision on establishing Rules on the rotation of officials in Representations

31.07.2008

1 IR

C(2009)7939 final laying down implementing rules as regards temporary occupation of management posts

19.10.2009

1 IR

9

Committees

Rules laying down the composition and operation of the Staff Committee of 22/10/1997

22.10.1997

1 IR

C(2011)3588 final on the human and financial resources to the Staff Committee of the European Commission

27.05.2011

1 IR

C(2005)2665 on improving social dialogue in the Commission through Joint Committees

14.03.2005

1 IR





Article

Subject Matter

Implementing rule

Entry into force

Date of expiry

Counting

Title II - Rights and Obligations of Officials

11-21

Ethics and Integrity

Administrative Notice 45-2006 - Guidelines on acceptable use of the Commission ICT services

15.09.2006

18.05.2016

1 IR

Administrative Notice 24-2016 - Guidelines for staff on the use of the Commission information and communication technology services

18.05.2016

Administrative Notice 34-2011 - Guidelines on social media for all staff

19.08.2011

1 IR

12a

Harassment

C(2006)1624/3 Commission Decision on the European Commission policy on protecting the dignity of the person and preventing psychological harassment and sexual harassment

26.04.2006

1 IR

12b - 16 - 17

Outside activities

C(2013)9037 Commission Decision on outside activities and assignments

01.01.2014

1 IR

22

Financial responsibility

SEC(2004)730/5 Guidelines for applying Article 22 of the Staff Regulations (Financial liability of officials)

2004

1 IR

22 a-c

Whistleblowing

Administrative Notice 16-2013 - Communication from Vice- President Šefčovič to the Commission on Guidelines on Whistleblowing

06.12.2012

1 IR

24 a

Training

General Provisions for giving effects to Article 24 of the SR relating to training for staff, of 11 April 1978, and the detailed rules for the application of the General Provisions for giving effect to the third paragraph of Article 24 of the Staff Regulations as regards training for Commission staff, of 30 September 1993, and Commission Decision of 7 May 2002

1978-2002

24.06.2016

1 IR

C(2016) 3827 - Commission Decision repealing existing rules on learning and development

24.06.2016

C(2016) 3829 final - Communication to the Commission on Learning and Development Strategy of the European Commission and the implementing Decision C(2016)3828 final and the Decision of 24/06/2016 on rules on access to training, in implementation of the learning and development strategy of the European Commission

24.06.2016

1 IR

C(2016)3855 final - Commission Decision on training on the own initiative of the member of staff

24.06.2016

1 IR

Title III - Career of Officials

Chapter 1 - Recruitment

27-34

Recruitment

C(2013)8970 Commission Decision laying down general implementing provisions concerning the criteria applicable to classification in step on appointment or engagement

01.01.2014

1 GIP

29

Appointment of Senior officials

Guidelines for Commission services on appointment procedures for senior officials

11.10.2008

1 IR

C (2007) 380 - Commission Decision laying down the Rules of procedure for the Consultative Committee on Appointments (CCA)

01.01.2007

1 IR

Middle management

Commission Decision C(2004)1597/14 on middle management staff (last amended by Commission Decision C(2008)5028

28.04.2004

15.06.2016

1 IR

Commission Decision C(2009)6879 on the procedure for filling the posts of head of representation

10.09.2009

15.06.2016

C(2016)3288 final Commission Decision on middle management staff

15.06.2016





Article

Subject Matter

Implementing rule

Entry into force

Date of expiry

Counting

38

Secondment

SEC (2002) 146 Guidelines on Mobility (as amended by C(2003) 3985 - Modification of the guidelines on mobility)

12.02.2002

1 IR

C(2013) 5554 final on Guidelines on External Mobility

03.09.2013

1 IR

C(2013) 5555 final on Administrative Aspects of External Mobility

03.09.2013

1 IR

Chapter 2 - Administrative Status

Section 3 - Leave on personal grounds

40

Leave on personal grounds

C(2013)9054 Commission Decision on measures concerning leave on personal grounds for officials and unpaid leave for temporary and contract staff of the European Union

01.01.2014

1 IR

Section 6 - Parental or family leave

42a

Parental leave

C(2010)7572 Commission Decision on the general provisions for implementing Article 42a of the Staff Regulations concerning parental leave

05.11.2010

1 GIP

42b

Family leave

C(2010)7494 Commission Decision on Article 42b of the Staff Regulations concerning family leave

05.11.2010

1 IR

Chapter 3 - Reports, advancement to a higher step and promotion

43 - 44(1)

Annual report

C(2013)8985 Commission Decision laying down general provisions for implementing Article 43 of the Staff Regulations and implementing the first paragraph of Article 44 of the Staff Regulations (last amended by Decision C(2016) 7270)

01.01.2014

1 GIP

44(2) - 46

Confirmation in management post

C(2004) 1891 - Commission decision on the application of Articles 44(2) and 46 of the Staff Regulations and in Article 7(4) of Annex XIII to the Staff Regulations

2004

1 IR

45

Promotion

C(2013)8968 Commission Decision laying down general provisions for implementing Article 45 of the Staff Regulations

01.01.2014

1 GIP

45(a)

Certification

C(2013)6859 Commission Decision of 22.10.2013 on general provisions for implementing Article 45a of the Staff Regulations

23.10.2013

1 GIP

Chapter 4 - Termination of Service

Section 4 - Procedures dealing with incompetence

51

Professional incompetence

C(2004)1597/7 Commission Decision on maintaining individual professional standards

01.05.2004

1 IR

Chapter 4 - Termination of Service

Section 6 - Honorary rank

54

Honorary rank

C(2012)3192 Commission Decision on the granting of honorary ranks

21.05.2012

1 IR

TITLE IV - Working conditions of officials

Chapter 1 - Hours of work

55

Working time

C(2013)8995 Commission Decision on Working Time

01.01.2014

01.06.2014

1 IR

C(2014)2502 Commission Decision on Working Time

01.06.2014



Article

Subject Matter

Implementing rule

Entry into force

Date of expiry

Counting

55a + Annex IV a

Part time work

C(2013)9046 Commission Decision on Article 55a of the Staff Regulations and Annex IVa thereto concerning part-time work

01.01.2014

08.01.2016

1 IR

C(2015)9720 final - Commission Decision on Article 55a of the Staff Regulations and Annex IVa thereto concerning part- time work

08.01.2016

Telework

C(2009)10224 Commission Decision concerning the implementation of teleworking in Commission departments from 2010 to 2015 (as amended by C(2013)9045)

18.12.2009

01.01.2016

1 IR

C(2015)9151 final - Commission Decision on the implementation of telework in Commission Departments

01.01.2016

55b

Job-Sharing

C(2004) 1314 Commission Decision on Article 55b of the Staff regulations concerning job-sharing

2004

1 IR

56

Overtime

C(2004)1318/5 Commission Decision on the duties of Commission drivers

07.04.2004

1 IR

C(1986)0905/6 - Commission decision on overtimes of officials and agents C from the Cabinets

1986

1 IR

Chapter 2 - Leave

57 + Annex V

Annual Leave and Special leave

C(2013)9051 Commission Decision on leave

01.01.2014

1 IR

C(2013)9035 final on home leave for officials, temporary agents and contract agents posted in third countries

01.01.2014

1 IR

58

Maternity leave

C(2013)9051 Commission Decision on leave

01.01.2014

0

59-60

Sick leave

C(2004)1597/11 Commission Decision introducing implementing provisions on absences as a result of sickness or accident

28.04.2004

1 IR

Title V + Annex VII - Emoluments and social security for officials

Chapter 1 - Remuneration and expenses

Annex VII - Remuneration and reimbursement of expenses

Section 1 - Family allowances

67 - 68 +

Annex VII (article 1-3)

Family allowances

C(2004)1364/4 Commission Decision - General Implementing Provisions for giving effect to articles 67 and 68 of the Staff Regulations and articles 1, 2 and 3 of Annex VII thereto

15.04.2004

1 GIP

67 - 68 +

Annex VII (Art 1(2)(d))

Household allowance by special decision

C(2004)1364/1 - General implementing provisions on granting the household allowance by special decision

22.11.2011

1 GIP

67 - 68 +

Annex VII (article 2(4))

Person treated as dependent child

C(2004)1364/2 - Commission Decision on General implementing provisions concerning persons to be treated as dependent children (Article 2(4) of Annex VII to the Staff Regulations)

15.04.2004

1 GIP

67 - 68 +

Annex VII (article 3)

Education allowance

C(2013)8971 Commission Decision on general implementing provisions on granting the education allowance (Article 3 of Annex VII to the Staff Regulations)

01.01.2014

1 GIP



Article

Subject Matter

Implementing rule

Entry into force

Date of expiry

Counting

Section 3 - Reimbursement of expenses

71 + Annex VII (Art 7 - 8)

Travel expenses

C(2013)8987 Commission Decision laying down general provisions giving effect to Article 8 of Annex VII to the Staff Regulations

01.01.2014

1 GIP

71 + Annex

VII (Art 8)

Place of origin

C(2013)8982 Commission Decision laying down general implementing provisions to Article 7(4) of Annex VII to the Staff Regulations on determining the place of origin

01.01.2014

1 GIP

71+Annex VII (Art 7- 9

and Art 11- 13a)

Removal expenses

C(2013) 9040 final on General implementing Provisions on removal expenses

01.01.2014

1 GIP

71+Annex VII (Art 11-

13a)

Mission and duty travel expenses

C(2002)98 fixing the rates of the daily subsistence allowance and the ceilings for the reimbursement of hotel expenses for missions outside the EU

2002

1 IR

C(2008)6215 - General implementing provisions adopting the Guide to missions

01.01.2009

1 GIP

Chapter 2 - Social Security benefits

72

Reimbursement of medical expenses

C(2007)3195 Commission Decision laying down general implementing provisions for the reimbursement of medical expenses

01.07.2007

1 GIP

Chapter 3 + Annex VIII - Pensions and invalidity allowance

77+Annex VIII (Art 4)

Calculation of pension rights

C(2004)1364 Commission Decision on General implementing provisions for Article 4 of Annex VIII to the Staff Regulations concerning the taking into account, for purposes of calculating pension rights, of periods of activity previously completed by staff before they resume active employment

15/04/2004

1 GIP

77+Annex VIII (Art 11 - 12)

Transfer of pension rights

C(2011)1278 final on the General implementing provisions for Article 11 and 12 of Annex VIII on the transfer of pension rights

03.03.2011

1 GIP

Title VI - Disciplinary measures

86 + Annex IX

Disciplinary proceedings and administrative investigations

C(2004)1588 Commission Decision - General implementing provisions on the conduct of administrative inquiries and disciplinary procedures (last amended by Decision C(2010)8180 final)

28/04/2004

1 GIP

Title VIIIa - Special Provisions applicable to the EEAS

96

Management of EU Delegations

JOIN(2012)8 Final - Joint Decision of the Commission and the High representative of the Union for the foreign affairs and security policy on Cooperation Mechanisms concerning the Management of Delegations of the European Union

28.03.2012

1 IR

Title VIIIb + Annex X - Special and exceptional provisions applicable to officials serving in a third country

Annex X

Chapter 1 - General Provisions

Annex X (Art 1, 25)

General provisions

Commission Decision C(2005)1871 on general implementing provisions on the risk of accident for partners, children et other dependent persons of the official, temporary or contract agent in a third country

15.07.2005

1 GIP



Article

Subject Matter

Implementing rule

Entry into force

Date of expiry

Counting

Chapter 2 - Obligations

101a + Annex X (Art 5, 23)

Housing

C(2013)8965 Commission Decision of 16.12.2013 on rules for the implementation of housing policy in EU delegations

16.12.2013

1 IR

Chapter 3 - Working Conditions

101a + Annex X (Art 8)

Rest leave

C(2013)9027 Commission Decision on management of rest leaves pursuant to Article 8 of Annex X to the Staff Regulations

01.01.2014

1 IR

Chapter 4 - Emoluments and social security benefits

Section 1 - Emoluments and Family allowances

101a Annex X (Art 10)

Allowance for living conditions

C(2013)9032 Commission Decision on the living conditions allowance and the additional allowance referred to in Article 10 of Annex X to the Staff Regulations

01.01.2014

1 IR

12-13

Currency and weighting

C(2004)1597/1 on the adjustment of weightings and corresponding exchange rates referred to in Articles 12 and 13 of Annex X

01.05.2004

1 IR

101a + Annex X (Art 16)

Reimbursements to officials assigned in non member countries

C(2013)8990 on reimbursements due to officials assigned to non-member countries

01.01.2014

1 IR

Section 2 - Rules relating to the reimbursement of expenses

22

Temporary accommodation allowance and the cost of transporting

Commission Decision C(2004) 1597/2 concerning the application of Article 22 of Annex X on recovery of the temporary accommodation allowance and the cost of transport of the personal effects of the spouse and dependents

01.05.2004

1 IR

Section 3 - Social security benefits

24

Sickness insurance

Administrative Notice 642 - Commission decision on general provisions for implementing 1st and 2nd paragraphs of Article 24 of Annex X

17.09.1990

1 GIP

25

Accident insurance

Commission Decision on the general implementing provisions on insurance against the risk of accident for the spouse, children and other dependents of an official or a member of the temporary or contract staff of the European Communities serving in a third country

15.06.2005

0



Conditions of Employment of Other Servants

Article

Subject matter

Implementing rule

Entry into force

Date of expiry

Counting

Title II - Temporary Staff

Chapter 1 - General provisions

8

General policy for the engagement and use of temporary agents

C(2013)9049 final on policies for engagement and use of temporary agents

01.01.2014

1 IR

Chapter 3 - Conditions of engagement

17 + 91

Maternity leave and maternity pay

C(2013)9020 Commission Decision on maternity leave and maternity pay for women whose maternity leave begins before the end of their contract (Articles 17 and 91 of CEOS)

01.01.2014

1 IR

Title IV - Contract staff

Chapter 1 - General provisions

C(2004)1597/6 final Commission decision on the maximum duration for the recourse to non-permanent staff in the Commission services (last amended by C(2013)9028 final)

28.04.2004

1 IR

79(2)

Use of Contract Staff

C(2011) 1264 final on the general implementing provisions for implementing Article 79(2) governing conditions of employment of contract staff employed by the Commission under the terms of article 3a and 3 b '(last amended by C(2013)8967 final

02.03.2011

1 GIP

Chapter 3 - Conditions of engagement

C(2004)1597/6 final Commission decision on the maximum duration for the recourse to non-permanent staff in the Commission services (last amended by C(2013)9028 final)

28.04.2004

0

82

Recruitment procedures for

Contract Staff

C(2011) 1264 final on the general implementing provisions for implementing Article 79(2) governing conditions of employment of contract staff employed by the Commission under the terms of article 3a and 3 b '(last amended by C(2013)8967 final

02.03.2011

0

C(2004)1597/6 final Commission decision on the maximum duration for the recourse to non-permanent staff in the Commission services (last amended by C(2013)9028 final)

28.04.2004

0

86

Grading upon recruitment

C(2011) 1264 final on the general implementing provisions for implementing Article 79(2) governing conditions of employment of contract staff employed by the Commission under the terms of article 3a and 3 b '(last amended by C(2013)8967 final

02.03.2011

0

Chapter 4 - Special provisions for members of the contract staff referred to Article 3a

87

Appraisal of Contract Staff

C(2013)2529 of Commission Decision on general provisions for implementing Article 87(3) of the Conditions of Employment of Other Servants of the European Union (last amended by Commission Decision C(2014)2222 laying down general provisions for implementing Article 87(3) of the Conditions of Employment of Other Servants of the European Union)

03.05.2013

1 GIP

C(2014)2226 Commission Decision on general provisions for implementing Article 87(1) of the Conditions of Employment of Other Servants of the European Union and implementing the first paragraph of Article 44 of the Staff Regulations

07.04.2014

1 GIP

Article

Subject matter

Implementing rule

Entry into force

Date of expiry

Counting

Chapter 11 - Special and exceptional provisions applicable to members of the contract staff serving in a third country

118

Contract staff in delegations

C(2014)3296 final on the mobility of European Commission contract staff posted to EU delegations

21.05.2014

29.08.2016

1 IR

C(2016) 5378 Commission Decision on the mobility of European Commission contract staff posted to European Union delegations

29.08.2016

Title V - Local staff

120

Local agents in Delegations

Commission Framework rules laying down the conditions of

employment of local staff serving in offices and delegations in the European Union

30.09.2002

1 IR

Title VI - Special advisers

5 +123 +124

Special Advisers

C(2007)6655 Rules on Special Advisers to the Commission

14.12.2007

1 IR

C(2016)1962 Commission Decision of 31.3.2016 on the appointment of special advisers

31.03.2016

1 IR



COURT OF JUSTICE OF THE EUROPEAN

UNION

Staff Regulations

(applicable by analogy to other servants whenever the CEOS expressly provide for it)

Article

Subject Matter

Implementing rule

Entry into force

Date of expiry

Counting

Title I - General Provisions

1e(2)

Health and safety

Decision of the Registrar on the appointment of workers dealing with protection and prevention on professional risks

15.11.2016

1 IR

Title II - Rights and Obligations of Officials

2

AIPN Powers - Court of Justice

Decision of the Court of Justice on the AIPN powers (last amended by Decision on the AIPN powers of 21 June 2016)

04.05.2004

1 IR

Decision of the Registrar of the Court of Justice of 11 October 2010 on delegation of signature (last amended by Decision of 14 May 2014)

11.10.2010

1 IR

Decision of the Court of Justice delegation certain AIPN powers to the European Commission

21.06.2016

1 IR

2

AIPN Powers - General Court

Decision of the General Court of 13 June 1990 on the AIPN powers (last amended by the Decision of 13 September 2004)

13.06.1990

22.09.2014

1 IR

Decision of the General Court of 22 September 2014 on the AIPN powers (last amended by the Decision of 14 December 2016)

22.09.2014

Decision of the General Court setting up a committee for certain powers of the AIPN (last amended by decision of 13 September 2004)

06.02.2001

22.09.2014

1 IR

Decision of the General Court setting up a committee for certain powers of the AIPN

22.09.2014

Decision of the Registrar of the General Court on delegation of AIPN powers

22.09.2014

1 IR

5 + Annex I

Types of posts and post titles

Decision determining general criteria on classification of officials in grades AD9 and AD14, having specific responsibilities, concerning type of post "Head of Unit" or equivalent and "Adviser" or equivalent

17.11.2014

1 IR

5 + Annex I and Annex XIII (article 30 - 31)

Assignment of officials holding special responsibilities to "Head of unit or equivalent" or "Adviser or equivalent" before 31 December 2015

Decision determining general criteria on classification of officials in grades AD9 and AD14, having specific responsibilities, concerning type of post "Head of Unit" or equivalent and "Adviser" or equivalent

17.11.2014

1 IR

22 a - c

Whistleblowing

Decision of the administrative committee on rules concerning the information and protection of whistleblowers

07.03.2016

1 IR

Title III - Career of Officials

Chapter 1 - Recruitment

27 - 34

Recruitment

Decision on general implementing provisions for the classification in step upon nomination of officials or engagement of temporary agents (last modified by the decision of 24 March 2014)

12.05.2004

1 GIP

Article

Subject Matter

Implementing rule

Entry into force

Date of expiry

Counting

Chapter 2 - Administrative Status

Section 6 - Parental or Family leave

42a

Parental leave

Decision on general implementing provisions on parental leave

12.05.2004

1 GIP

Chapter 3 - Reports, advancement to a higher step and promotion

43

Annual report

Decision of the Court of Justice laying down general implementing provisions on staff reports

18.10.2000

1 GIP

45

Promotion

Decision on promotions

19.10.2005

1 IR

45(a)

Certification

Decision on general implementing provisions for the application of article 45a

15.06.2005

1 GIP

Chapter 4 - Termination of Service

Section 4 - Procedures dealing with incompetence

51

Professional Incompetence

Decision on procedures for dealing with incompetence

01.01.2014

1 IR

Title IV - Working conditions of officials

Chapter 1 - Hours of work

55

Working time

Decision on working time

30.09.2009

1 IR

56 + Annex VI

Overtime

Internal rules - compensation in respect of overtime (article 55- 56b and Annex VII)

01.05.2014

1 IR

Chapter 2 - Leave

57 + Annex V

Annual Leave and Special leave

Decision of the Registrar of the Court on the rules on leave (last modified by the decision of 23 January 2015)

26.05.2005

1 IR

58

Maternity leave

Title V + Annex VII - Emoluments and social security for officials

Chapter 1 - Remuneration and expenses

Annex VII - Remuneration and reimbursement of expenses

Section 1 - Family allowances

67 - 68 +

Annex VII (Art 3)

Education allowance

Decision on general implementing provisions on the granting of education allowance (last amended by the decision of 27 January 2014)

12.05.2004

1 GIP

Section 2 - Reimbursement of expenses

71 + Annex

VII (Art 8)

Place of origin

Decision on general implementing provisions for the application of Article 7(3) of annex VII

01.01.2014

1 GIP

71 + Annex

VII (Art 9)

Removal expenses

Decision on general implementing provisions concerning removal expenses

01.01.2014

1 GIP

71 + Annex VII (Art 11 - 13a)

Mission and duty travel expenses

Decision on general implementing provisions concerning the reimbursement of travel expenses

12.05.2004

1 GIP

Article

Subject Matter

Implementing rule

Entry into force

Date of expiry

Counting

Chapter 3 + Annex VIII - Pensions and invalidity allowance

77 + Annex VIII (Art 11 - 12)

Transfer of pension rights

Decision on general implementing provisions af articles 11 and 12 of annex VIII on transfer of pension rights

17.10.2011

1 GIP

Title VI - Disciplinary measures

86 + Annex IX

Disciplinary proceedings and administrative investigations

Decision governing rules on administrative investigations

12.07.2011

1 GIP

Conditions of Employment of Other Servants

Article

Subject matter

Implementing rule

Entry into force

Date of expiry

Counting

Title IV - Contract Staff

Chapter 1 - General provisions

79(2)

Use of Contract Staff

Decision on general implementing provisions on engagement of contract agents (last amended by the decision of 24 March 2014)

15.06.2005

1 GIP

Chapter 3 - Conditions of engagement

82

Recruitment procedures for Contract Staff

Decision on general implementing provisions on engagement and use of contract staff (last amended by the decision of 24 March 2014)

15.06.2005

0

86

Grading upon recruitment

Decision on general implementing provisions on engagement and use of contract staff (last amended by the decision of 24 March 2014)

15.06.2005

0



COURT OF AUDITORS

Staff Regulations

(applicable by analogy to other servants whenever the CEOS expressly provide for it)

Article

Subject Matter

Implementing rule

Entry into force

Date of expiry

Counting

Title I - General Provisions

1e(2)

Health and safety

Decision 23-2016 establishing a Joint Committee on Health, Safety and Wellbeing at work

12.04.2016

1 IR

2

AIPN powers

Decision 22-2014 relating to the exercise of the powers conferred on the appointing authority by the SR and on the authority empowered to conclude contracts of employment by the CEOS

01.01.2014

04.09.2015

1 IR

Decision 29-2015 relating to the exercise of the powers conferred on the appointing authority by the SR and on the authority empowered to conclude contracts of employment by the CEOS

04.09.2015

5 + Annex I

Type of posts and post titles

Decision 20/2015 on the delegation of AIPN/AHCC powers for the execution the agreement between the Court of Auditors and PMO

01.01.2005

01.01.2016

1 IR

Decision 51/2015 on the delegation of AIPN/AHCC powers for the execution the agreement between the Court of Auditors and PMO

01.01.2016

5 + Annex I and

Annex XIII (Art 30- 31)

Assignment of officials holding special responsibilities to "Head of

unit or equivalent" or "Adviser or equivalent" before 31 December 2015

Decision 84-2007 laying down general provisions of implementation of article 5(4)

16.10.2007

01.01.2016

1 IR

Decision 21-2015 on type of posts and posts titles

01.01.2016

Decision 84-2007 laying down general provisions of implementation of article 5(4)

16.10.2007

01.01.2016

Decision 21-2015 on type of posts and posts titles

01.01.2016

9 + Annex II

Committees

Decision 17-2016 on the setting up of a Joint Committee

01.05.2016

1 IR

Title II - Rights and Obligations of Officials

12b - 16 - 17

Outside activities

Staff Notice 13/2015 on outside activities

21.10.2015

1 IR

22 a - c

Whistleblowing

Rules of procedure for providing information in the event of serious irregularities ("Whistleblowing")

31.10.2014

1 IR

24 a

Training

Decision 7-2006, Decision of 23 February 2006 and Decision of 6

December 2007

2006-2007

15.11.2016

1 IR

Decision 71-2016 laying down internal rules on professional training

15.11.2016

Title III - Career of Officials

Chapter 1 - Recruitment

27 - 34

Recruitment

Decision 6-2014 laying down general implementing provisions concerning the criteria applicable to classification in step on appointment or engagement

01.01.2014

1 GIP

Staff Notice 17/2016 Probationary period for officials, temporary staff and contract staff

01.03.2016

1 IR

29(2) - 34 - 46

Recruitment of senior officials (AD and AST)

Decision 30-2015 on the appointment of Senior Administrators

03.09.2015

1 IR

Decision 32-2015 on the appointment of Senior assistants

03.09.2015

1 IR

Decision 31-2015 on the procedures for the selection of principal managers and directors

04.09.2015

1 IR

Chapter 2 - Administrative Status

Section 6 - Parental or Family leave

42a

Parental leave

Decision 40-2004 laying down general implementing provisions for article 42a concerning parental leave

2004

03.06.2016

1 GIP

Decision 31-2016 laying down general implementing provisions for article 42a concerning parental leave

03.06.2016



Article

Subject Matter

Implementing rule

Entry into force

Date of expiry

Counting

42b

Family leave

Decision 56-2004 on article 42 b concerning family leave

2004

03.06.2016

1 IR

Decision 32-2016 on article 42 b concerning family leave

03.06.2016

Chapter 3 - Reports, advancement to a higher step and promotion

Court Decision 23-2011 on appraisal report on management skills of heads of units and directors who are established officials

28.03.2011

1 IR

Art 43

Annual report

Decision 12-2012 laying down general implementing provisions for implementing Articles 43

09.02.2012

09.10.2014

1 GIP

Decision 39-2014 laying down general implementing provisions for implementing articles 43, 44.1 and 52 - Periodic staff evaluation procedure - COMPASS- Competence & Performance Appraisal system - Procedures dealing with incompetence

09.10.2014

44(1)

Advancement in step

Decision 39-2014 laying down general implementing provisions for implementing articles 43, 44.1 and 52 - Periodic staff evaluation procedure - COMPASS- Competence & Performance Appraisal system - Procedures dealing with incompetence

09.10.2014

45

Promotion

Decision 53-2014 on promotions

11.12.2014

1 IR

Art 45(a)

Certification

Decision 30-2016 laying down rules for implementing Article 45a (certification procedure for transferring from one function group to another)

30.06.2016

1 IR

Chapter 4 - Termination of Service

Section 4 - Procedures dealing with incompetence

Decision 40-2007 on maintaining individual professional standards

05.07.2007

09.10.2014

Art 51

Professional incompetence

Decision 39-2014 laying down general implementing provisions for implementing articles 43, 44.1 and 52 - Periodic staff evaluation procedure - COMPASS- Competence & Performance Appraisal system - Procedures dealing with incompetence

09.10.2014

0

Title IV - Working conditions of officials

Chapter 1 - Hours of work

55a + Annex IV a

Part time work

Decision 23-2014 laying down rules for implementing Article 55a and Annex IV a of the SR on part-time work

01.01.2014

1 IR

Telework

Decision 2-2015 concerning the implementation of teleworking for auditors

15.01.2015

1 IR

56 + Annex VI

Overtime

Decision 27-2015 on benefits for secretaries working directly for Members of the Court of Auditors

01.01.2014

1 IR

Decision 48-2009 on worked hours by drivers

20.04.2009

01.09.2016

1 IR

Decision 46-2016 concerning payment for special working conditions (article 3 of annex VI)

01.09.2016

Chapter 2 - Leave

57 + Annex V

Annual Leave and Special leave

Staff Notice 44/2014 - Leave guide

16.10.2014

1 IR

59(6)

Annual medical check - up

Decision 53-2016 concerning ophthalmological examinations carried out under a policy of preventive medicine

28.06.2016

1 IR

Article

Subject Matter

Implementing rule

Entry into force

Date of expiry

Counting

Title V + Annex VII - Emoluments and social security for officials

Chapter 1 - Remuneration and expenses

Annex VII - Remuneration and reimbursement of expenses

Section 1 - Family allowances

67 - 68 + Annex VII

(Art 3)

Education allowance

Decision 4-2014 on general implementing provisions on granting the education allowance

01.01.2014

1 GIP

Section 2 - Reimbursement of expenses

71 + Annex VII (Art 7 - 8)

Travel expenses

Decision 2-2014 laying down general implementing provisions giving effect to Article 8 of Annex VII

01.01.2014

1 GIP

71 + Annex VII (Art 8)

Place of origin

Decision 3-2014 laying down general implementing provisions giving effect to Article 7(4) of Annex VII on determining the place of origin

01.01.2014

1 GIP

71 + Annex VII (Art 9)

Removal expenses

Decision 5-2014 on general implementing provisions on removal expenses

01.01.2014

1 GIP

71 + Annex VII ( Art 11-13a)

Mission and duty travel expenses

Decision 60-2004 laying down general implementing provisions for the reimbursement of mission expenses

01.09.2004

1 GIP

Chapter 3 + Annex VIII - Pensions and invalidity allowance

77+Annex VIII (Art 11 -12)

Transfer of pension rights

Decision 69-2011 on the general implementing provisions for Articles 11 and 12 of Annex VIII on the transfer of pension rights

30.11.2011

1 GIP

Conditions of Employment of Other Servants

Article

Subject matter

Implementing rule

Entry into force

Date of expiry

Counting

Title II - Temporary Staff

Chapter 1 - General provisions

12(5)

Recruitment procedures for of Temporary agents

Decision 36-2010 establishing the rules applicable to the selection and recruitment of temporary staff and contract staff

2010

18.09.2014

1 IR

Decision 34-2014 establishing the rules applicable to the selection and recruitment of temporary staff

18.09.2014

Title IV - Contract Staff

Chapter 1 - General provisions

79(2)

Use of Contract staff

Decision 9-2014 on general implementing provisions on engagement of contract agents (last amended by the decision of 24 March 2014)

15.06.2005

1 GIP

Chapter 3 - Conditions of engagement

82

Recruitment procedures for Contract Staff

Decision 9-2014 on general implementing provisions on engagement of contract agents (last amended by the decision of 24 March 2014)

15.06.2005

0

86

Grading upon recruitment

Decision 9-2014 on general implementing provisions on engagement of contract agents (last amended by the decision of 24 March 2014)

15.06.2005

0



EUROPEAN EXTERNAL ACTION

SERVICE

Staff Regulations

(applicable by analogy to other servants whenever the CEOS expressly provide for it)

Article

Subject Matter

Implementing rule

Entry into force

Date of expiry

Counting

Title I - General Provisions

1d(4)

Disability

PROC EEAS(2011)013 - Council Decision of 29 April 2004 adopting the general implementing provisions for Article 1d(4)

22.11.2011

1 GIP

1e(1)

Measures of social nature

PROC EEAS(2011)002 - Commission Decision C(2008)6195 amending the guidelines on assistance with help in the home and care for sick children

29.11.2011

1 IR

2

AIPN Powers

HR DEC(2012) 012 on delegation and Sub-Delegations of AIPN/AECCE powers within the EEAS

18.10.2012

1 IR

EEAS DEC(2014) 001 on Sub-Delegations of AIPN/AECCE powers within the EEAS

07.01.2014

1 IR

ADMIN (2015) 33 Decision on the exercise, delegation and subdelegation of powers regarding Staff, Financial and Administrative matters within the EEAS

14.09.2015

1 IR

ADMIN (2015) 35 Decision on the exercise and subdelegation conferred by the Staff Regulations and the CEOS on the AIPN and the AECCE

15.09.2015

1 IR

5 + Annex I

Types of posts and post titles

PROC EEAS(2011)002 - Commission Decision C(2008)5028 regarding middle management staff

29.11.2011

1 IR

PROC EEAS(2011)002 - Commission Decision C(2008)5029 concerning the function of adviser

29.11.2011

1 IR

7

Transfer

PROC EEAS(2011)002 - Commission Decision C(94)3895 final on mobility

29/11/2011

1 IR

PROC EEAS(2011)002 - Commission Decision C(2009)7839 final laying down implementing rules as regards temporary occupation of management posts

29.11.2011

1 IR

ADMIN (2015)14 - Decision of the Chief Operating Officer ad interim of the EEAS on the organization of an annual internal mobility exercise of staff in the AD and AST function groups at the EEAS Headquarters

01.04.2015

1 IR

Title II - Rights and Obligations of Officials

12a

Harassment

PROC EEAS(2011)002 - C(2006)1624/3 on harassment policy

29.11.2011

1 IR

12b - 16 - 17

Outside activities

EEAS DEC(2014)009 - Commission Decision C(2013)9037 final on outside activities and assignments

16.12.2013

1 IR

22 a-c

Whistleblowing

PROC EEAS(2011)008 concerning the terms and conditions for internal investigations in relation to the prevention of fraud, corruption and any illegal activity detrimental to the Union's interest

01.01.2011

1 IR

Title III - Career of Officials

Chapter 1 - Recruitment

27-34

Recruitment

PROC EEAS(2011)013 - C(2004)1313 final/1 on general implementing provisions concerning criteria applicable to classification in grade and step on appointment or engagement

22.11.2011

01.03.2014

1 GIP

HR DEC(2014)02 - C(2013)8970 final laying down general implementing provisions concerning criteria applicable to classification in step on appointment or engagement

01.03.2014

Article

Subject Matter

Implementing rule

Entry into force

Date of expiry

Counting

Chapter 2 - Administrative Status

Section 3 - Leave on personal grounds

40

Leave on personal grounds

EEAS DEC (2014)009 - Commission Decision C(2013)9054 on measures concerning leave on personal grounds for officials and unpaid leave for temporary and contract staff

01.01.2014

1 IR

Section 6 - Parental or family leave

42a

Parental leave

PROC EEAS (2011)013 - C(2010) 7572 final on the general implementing provisions for implementing Article 42a concerning parental leave

22.11.2011

1 GIP

42b

Family leave

PROC EEAS (2011)002 - C(2010) 7494 final on Article 42b concerning family leave

29.11.2011

1 IR

Chapter 3 - Reports, advancement to a higher step and promotion

Art 43

Annual report

HR DEC (2012) 005 Adopting implementing provisions for Article 43

16.05.2012

03.03.2014

1 GIP

HR DEC (2014) 04 Adopting implementing provisions for Articles 43 and 44

03.03.2014

15.01.2015

1 GIP

ADMIN (2015) 1 Adopting general provisions implementing Article 43 and the first paragraph of Article 44 (last amended by ADMIN (2015) 1 REV 1 of 16 December 2015)

15.01.2015

44

Advancement in step and grade

HR DEC (2014) 04 Adopting implementing provisions for Articles 43 and 44

03.03.2014

15.01.2015

1 GIP

ADMIN (2015) 1 Adopting implementing provisions for Articles 43 and 44 (last amended by ADMIN (2015) 1 REV 1

of 16 December 2015)

15.01.2015

PROC HR(2011)013 - Council Decision of 13 July 1970 laying down General Implementing Provisions relating to the date on which seniority in a grade comes into effect and the date which promotions take effect

22.11.2011

1 GIP

45

Promotion

HR DEC(2014) 03 Adopting a promotion procedure to implement Article 45

03.03.2014

28.05.2015

1 IR

ADMIN(2015) 17 on a promotion procedure to implement Article 45

28.05.2015

ADMIN(2016)14 - Decision adopting a procedure for the promotion and reclassification of senior managers and equivalents in grades AD 14 and AD 15

29.08.2016

1 IR

Art 45(a)

Certification

PROC HR(2011)013 - Council Decision of 20 September 2005 concerning the general implementing provisions for Article 45a of the SR

22.11.2011

14.12.2016

1 GIP

ADMIN (2016)25 - Decision of the High Representative of the Union for Foreign Affairs and Security Policy adopting general provisions for implementing Article 45a of the Staff Regulations on certification

14.12.2016

Title IV - Working conditions of officials

Chapter 1 - Hours of work

55

Working time

EEAS DEC(2014) 009 - C(2013) 8995 - Decision on working time

01.01.2014

01.07.2014

1 IR

EEAS DEC(2014) 032 - C(2014) 2502 - Decision on working time

01.07.2014

55a + Annex IV a

Part time work

EEAS(2014)009 - C(2013)9046 - on article 55 a and Annex IV a concerning part-time work

01.01.2014

01.07.2016

1 IR

ADMIN (2016) 12 - C(2015) 9720 final of 8 January 2016 on part-time work

01.07.2016

Article

Subject Matter

Implementing rule

Entry into force

Date of expiry

Counting

55a + Annex IV a

Telework

EEAS(2014)009 - C(2013)9045 concerning the implementation of teleworking

01.01.2014

01.07.2016

1 IR

ADMIN (2016) 12 - C(2015) 9151 final of 17 December 2015 on the implementation of telework

01.07.2016

Chapter 2 - Leave

57 + Annex V

Annual Leave and Special leave

EEAS DEC(2014)009 - C(2013)9051 final of 16 December 2013 on leave

01.01.2014

1 IR

ADMIN (2016) 3 on Special leave under Article 57 SR and Article 6 of Annex V SR for Administrative Procedures or Medical Examinations

01.03.2016

1 IR

HR DEC(2013)014 - Decision on home leave for officials, temporary agents and contract agents posted in third countries

01.01.2014

1 IR

58

Maternity leave

EEAS DEC(2014)009 - C(2013)9051 final of 16 December 2013 on leave

01.01.2014

0

59-60

Sick leave

PROC EEAS (2011)002 -C(2004) 1597/11 introducing

implementing provisions on absences as a result of sickness or accident

29.11.2011

1 IR

Title V + Annex VII - Emoluments and social security for officials

Chapter 1 - Remuneration and expenses

Annex VII - Remuneration and reimbursement of expenses

Section 1 - Family allowances

67 - 68 +

Annex VII (Art 1 - 3)

Family allowance

PROC EEAS (2011)013 - C(2004) 1364/4 - General

implementing provisions for giving effect to Article 67 and 68 SR and Articles 1,2 and 3 of Annex VII

22.11.2011

1 GIP

67 - 68 +

Annex VII (Art 1(2)(d))

Household allowance by special decision

PROC EEAS(2011)013 - C(2004)164/1 - General

implementing provisions on granting the household allowance by special decision

22.11.2011

1 GIP

67 - 68 +

Annex VII (Art 2(4))

Person treated as dependent child

PROC EEAS (2011)013 - C(2004) 1364/2 - General

implementing provisions concerning persons to be treated as dependent children

22.11.2011

1 GIP

67 - 68 +

Annex VII (Art 3)

Education allowance

PROC EEAS (2011)013 - C(2004) 1313 final/2 - General

implementing provisions for the grant of the education allowance

22.11.2011

01.03.2014

1 GIP

HR DEC(2014)02 - C(2013)8971 on general implementing provisions on granting the education allowance

01.03.2014

Section 3 - Reimbursement of expenses

71 + Annex

VII (Art 7- 8

Travel expenses

PROC EEAS(2011)013 - C(2004)1588/final 3 on general provisions giving effect to Article 8 of Annex VII

22.11.2011

01.03.2014

1 GIP

HR DEC(2014)02 - C(2013)8987 final laying down general provisions giving effect to Article 8 of Annex VII

01.03.2014

71 + Annex

VII (Art 8)

Place of origin

PROC EEAS (2011)013 - C(2004) 1364-3 - General

implementing provisions for giving effect to Article 7(3) of Annex VII on determining the place of origin

22.11.2011

01.03.2014

1 GIP

HR DEC(2014)02 - C(2013)8982 final laying down general implementing provisions to Article 7(4) of Annex VII on determining the place of origin

01.03.2014

Article

Subject Matter

Implementing rule

Entry into force

Date of expiry

Counting

71 + Annex VII (Art 9)

Removal expenses

HR DEC(2014)02 - C(2013)9040 final laying down general provisions on removal expenses

01.03.2014

30.07.2015

1 IR

ADMIN(2015) 26 on reimbursement of removal costs for staff coming from diplomatic services of MS and recruited by the EEAS without changing the place of residence

30.07.2015

71+Annex VII (Art 11-13a)

Mission and duty travel expenses

PROC EEAS(2011)002 - C(2002)98 fixing the rates of the daily subsistence allowance and the ceilings for the reimbursement of hotel expenses for missions outside the EU

29.11.2011

1 IR

PROC EEAS(2011)013 - C(2008)6215 - General

implementing provisions adopting the Guide to missions

22.11.2012

1 GIP

Chapter 3 + Annex VIII - Pensions and invalidity allowance

77+Annex VIII (Art 4)

Calculation of pension rights

PROC EEAS (2011)013 - C(2004)1364 final /6 - General

implementing provisions for Article 4 of Annex VIII concerning taking into account, for the purposes of calculation pension rights, of periods of activity previously completed by staff before they resume active employment

22.11.2011

1 GIP

77+Annex VIII (Art 11 - 12)

Articles 11 and 12 of Annex VIII

PROC EEAS (2011)013 - C(2011)1278 final - General

implementing provisions for Articles 11 and 12 of Annex VIII on the transfer of pension rights

22.11.2011

1 GIP

Title VI - Disciplinary measures

86 + Annex IX

Disciplinary proceedings and administrative investigations

PROC EEAS (2011)013 - C(2004)1588 final/4 - General

implementing provisions on the conduct of administrative inquiries and disciplinary procedures

22.11.2011

1 GIP

Title VIIIa - Special Provisions applicable to the EEAS

96

Management of EU Delegations

JOIN(2012)8 Final - Joint Decision of the Commission and the High representative of the Union for the foreign affairs and security policy on Cooperation Mechanisms concerning the Management of Delegations of the European Union

28.03.2012

1 IR

Title VIIIb - Special and exceptional provisions applicable to officials serving in a third country

Chapter 1 - General Provisions

Annex X (Art 1)

General provisions

PROC HR(2011)013 - Commission Decision SEC(88)636F on general implementing provisions for Annex X to the SR (Points 3a, c, d and e)

22.11.2011

1 GIP

Chapter 2 - Obligations

Annex X (Art 5, 23)

Housing

HR DEC(2013)011 regarding the rules for the implementation of housing policy in EU delegations

17.12.2013

1 IR

Chapter 3 - Working Conditions

Annex X (Art 8)

Rest leave

HR DEC (2013) 012 on management of rest leaves pursuant to Article 8 of Annex X

17.12.2013

1 IR

Article

Subject Matter

Implementing rule

Entry into force

Date of expiry

Counting

Chapter 4 - Emoluments and social security benefits

Section 1 - Emoluments and Family allowances

Annex X (Art 10)

Allowance for living conditions

ADMIN(2015) 28 on the guidelines establishing the methodology to determine the annual list of countries in which living conditions can be deemed equivalent to those normally obtaining in the EU which do not give rise to a living allowance

31.08.2015

1 IR

12-13

Currency and weighting

PROC EEAS(2011)02 - C(2004)1597/1 on the adjustment of weightings and corresponding exchange rates referred to in Articles 12 and 13 of Annex X

29.11.2011

1 IR

16

Reimbursement to officials assigned in non member countries

HR DEC (2013) 015 - Decision on reimbursements due to officials assigned to non-member countries

01.01.2014

1 IR

Section 2 - Rules relating to the reimbursement of expenses

22

Temporary accommodation allowance and the cost of transporting

PROC EEAS (2011)002 - C(2004) 1597/2 concerning the application of Article 22 of Annex X on recovery of the temporary accommodation allowance and the cost of transport of the personal effects of the spouse and dependents

29.11.2011

1 IR

Section 3 - Social security benefits

24

Sickness insurance

PROC EEAS (2011)013 - Commission decision on general provisions for implementing 1st and 2nd paragraphs of Article 24 of Annex X

22.11.2011

1 GIP

25

Accident insurance

PROC EEAS (2011)013 - Commission decision on general provisions on insurance against the risk of accident for the spouse, children and other dependents of an official of the EC serving in a third country

22.11.2011

1 GIP

Conditions of Employment of Other Servants

Article

Subject matter

Implementing rule

Entry into force

Date of expiry

Counting

Title II - Temporary Staff

Chapter 1 - General provisions

12(5)

Recruitment procedures for

temporary agents

EEAS DEC(2014)009 - C(2013)9049 final of 16.12.2013 to

the EEAS

01.01.2014

12.08.2015

1 IR

ADMIN(2015) 20 adopting general provisions implementing Article 12(5) on the engagement and use of temporary agents

12.08.2015

1 GIP

17 + 91

Maternity leave and maternity pay

EEAS DEC(2014)009 - C(2013)9020 final of 16.12.2013 on

maternity leave and maternity pay for women whose maternity leave begins before the end of their contract

01.01.2014

1 IR

Title IV - Contract Staff

Chapter 1 - General provisions

PROC EEAS(2011)02 - C(2006)6957 applicable to conference interpreters engaged in accordance with Articles 78 and 90 CEOS

29.11.2011

1 IR

79(2)

Use of Contract staff

PROC EEAS(2011)13 - C(2011)1264 final - General

implementing provisions on the procedures governing the engagement and use of contract staff as amended by C(2013)8967 of 16/12/2013 and EEAS DEC(2014)048

22.11.2011

1 GIP

Chapter 3 - Conditions of engagement

PROC EEAS(2011)02 - C(2006)6957 applicable to conference interpreters engaged in accordance with Articles 78 and 90 CEOS

29.11.2011

0

82

Recruitment procedures for

Contract Staff

PROC EEAS(2011)13 - C(2011)1264 final - General

implementing provisions on the procedures governing the engagement and use of contract staff as amended by C(2013)8967 of 16/12/2013 and EEAS DEC(2014)048

22.11.2011

0

PROC EEAS(2011)02 - C(2006)6957 applicable to conference interpreters engaged in accordance with Articles 78 and 90 CEOS

29.11.2011

0

86

Grading upon recruitment

PROC EEAS(2011)13 - C(2011)1264 final - General

implementing provisions on the procedures governing the engagement and use of contract staff as amended by C(2013)8967 of 16/12/2013 and EEAS DEC(2014)048

22.11.2011

0

Chapter 4 - Special provisions for members of the contract staff referred to Article 3a

87

Appraisal of Contract staff

EEAS DEC (2014) 33 on adopting a procedure for reclassification of contract staff employed under Article 3 a pursuant to Article 87(3) CEOS

07.07.2014

31.07.2015

1 IR

ADMIN (2015) 23 on adopting a procedure for reclassification of contract staff employed under Article 3 a pursuant to Article 87(3) CEOS

31.07.2015

Article

Subject Matter

Implementing rule

Entry into force

Date of expiry

Counting

Title V - Local Staff

120

Local agents in Delegations

EEAS DEC (2014)004 - adopting the Method for establishing and adjusting the remuneration of local agents serving in Delegations

01.06.2014

1 IR



European Economic and Social Committee

Staff Regulations

(applicable by analogy to other servants whenever the CEOS expressly provide for it)

Article

Subject Matter

Implementing rule

Entry into force

Date of expiry

Counting

Title I - General Provisions

2

AIPN Powers

Decisions Nos 659/12 A of 27 September 2012, 095/14 A of 16 May 2014 and 023/15 A

02.02.2015

01.05.2016

1 IR

Decisions 096/16 A, 097/16 A and 098/16 A on the exercise of powers conferred by SR on the Appointing Authority and by the CEOS on the Authority Empowered to Conclude Contracts

01.05.2016

5 + Annex I

Type of posts

Decision 211/14 A on type of posts and post titles

01.01.2014

1 IR

5 + Annex I and Annex XIII (Art 30- 31)

Assignment of officials holding special responsibilities to "Head of unit or equivalent" or "Adviser or equivalent" before 31 December 2015

Decision 211/14 A on type of posts and post titles

01.01.2014

0

7

Transfer

Decision 130/15 A establishing a mobility scheme

11.05.2015

1 IR

Title II - Rights and Obligations of Officials

12a

Harassment

Decision 200/14 A concerning the procedures for dealing with psychological and sexual harassment at work

26.09.2014

1 IR

12b - 16 - 17

Outside activities

Decision 038/14 A concerning outside activities and assignments

07.02.2014

1 IR

22 a-c

Whistleblowing

Decision 053/16 A laying down rules on whistleblowing

03.03.2016

1 IR

24 a

Training

Decisions 864/08 A and 965/08 A on training

19.12.2008

16.07.2015

1 IR

Decision 189/15 A on rules related to learning and development

16.07.2015

Title III - Career of Officials

Chapter 1 - Recruitment

27-34

Recruitment

Decision 297/04 A - on the criteria to be applied when grading staff at the time of their recruitment or hiring

01.05.2004

04.12.2004

1 GIP

Decision 444/14 A - General implementing provisions to be applied when grading staff at the time of their recruitment or engagement

04.12.2014

Chapter 2 - Administrative Status

Section 3 - Leave on personal grounds

40

Leave on personal grounds

Decision 206/04 concerning leave on personal ground and unpaid leave

01.05.2004

30.10.2014

1 IR

Decision 235/14 A implementing the measures for leave on personal grounds for officials and unpaid leave for temporary and contract agents

30.10.2014

Section 6 - Parental or family leave

42a

Parental leave

Decision 033/14 A on article 42a on parental leave

01.01.2014

1 IR

42b

Family leave

Decision 034/14 A on family leave

01.01.2014

1 IR

Article

Subject Matter

Implementing rule

Entry into force

Date of expiry

Counting

Chapter 3 - Reports, advancement to a higher step and promotion

43

Annual report

Decisions 075/14 A adopting general implementing provisions on annual appraisal reports

08.04.2014

26.05.2016

1 GIP

Decision 112/16 A adopting general implementing provisions on annual appraisal reports

26.05.2016

Decision 113/16 A adopting the instructions for assessments and the appraisal report template

26.05.2016

1 IR

45

Promotion

Decision 114/16 A adopting the rules on promotion

26.05.2016

1 IR

Decision 115/16 A setting up a Joint Promotion Committee

26.05.2016

1 IR

Section 5 - Retirement

52(2)

Retirement

Decision 492/14 A concerning remaining in service until the age of 67, and exceptionally, until the age of 70

19.12.2014

1 IR

Title IV - Working conditions of officials

Chapter 1 - Hours of work

55

Working time

Decision 763/13 A on working hours and working time arrangements

2013

01.01.2016

1 IR

Decision 474/15 on working hours and working-time arrangements

01.01.2016

55a + Annex IV a

Part time work

Decision 035/14 A concerning article 55A governing part-time work

01.01.2014

1 IR

Telework

Decision 739/11 A establishing a teleworking scheme (amended by Decision 36/14)

07.12.2011

21.06.2016

1 IR

Decision 143/16 A amending the teleworking scheme

21.06.2016

56 + Annex VI

Overtime

Decision 037/14 A on overtime

01.02.2014

1 IR

Chapter 2 - Leave

57 + Annex V

Annual leave and special leave

Decision 032/14 A - Rules applicable to staff regarding annual and special leave entitlements

01.01.2014

1 IR

58

Maternity leave

Title V + Annex VII - Emoluments and social security for officials

Chapter 1 - Remuneration and expenses

Annex VII - Remuneration and reimbursement of expenses

Section 1 - Family allowances

67 - 68 + Annex VII

(articles 1, 2 and 3)

Education allowance

Decision 019/14 A - General Implementing provisions for the grant of the education allowance (Article 3 of Annex VII to the Staff Regulations)

01.01.2014

1 GIP

Section 3 - Reimbursement of expenses

71 + Annex VII (Art 7 - 8)

Travel expenses

Decision 031-14 A concerning Article 8 of annex VII

01.01.2014

1 IR

71 + Annex VII (Art 8)

Place of origin

Decision 030-14 A concerning Article 7(4) of annex VII on determining the place of origin

01.01.2014

1 IR

71 + Annex VII (Art 9)

Removal expenses

Decision 020/14 A - General implementing provisions concerning the reimbursement of removal expenses (Article 9 of Annex VII to the Staff Regulations)

01.01.2014

1 GIP

Article

Subject Matter

Implementing rule

Entry into force

Date of expiry

Counting

Chapter 3 + Annex VIII - Pensions and invalidity allowance

77 + Annex VIII (Art 11 -12)

Transfer of pension rights

Decision 394/11 A on the general implementing provisions for article 11 and 12 of Annex VIII

15.07.2011

1 GIP

Title VI - Disciplinary measures

86 + Annex IX

Disciplinary proceedings and administrative investigations

Decision 635/05 A on the general implementing provisions regarding disciplinary procedures and administrative inquiries

07.12.2005

1 GIP

Conditions of Employment of Other Servants

Article

Subject matter

Implementing rule

Entry into force

Date of expiry

Counting

Title II - Temporary Staff

Chapter 1 - General provisions

8

General policy for the engagement and use of temporary staff

Guidelines on the engagement of temporary staff at the EESC

17.12.2015

1 IR

12(5)

Recruitment procedures for temporary agents

Guidelines on the engagement of temporary staff at the EESC

17.12.2015

17 + 91

Maternity leave and maternity pay

Decision 234/14 A on maternity leave and pay for women whose maternity begins before the end of their contract

01.01.2014

1 IR

Title IV - Contract Staff

Chapter 1 - General provisions

79(2)

Use of Contract staff

Decision 443/14 A adopting the general provisions for implementing the procedures governing the recruitment and employment of contract staff at the European Economic and Social Committee

04.12.2014

1 GIP

Chapter 3 - Conditions of engagement

82

Recruitment procedures for Contract staff

Decision 297/04 A - on the criteria to be applied when grading staff at the time of their recruitment or hiring

01.05.2004

04.12.2004

Decision 444/14 A - General implementing provisions to be applied when grading staff at the time of their recruitment or engagement

04.12.2014

86

Grading upon recruitment

Decision 297/04 A - on the criteria to be applied when grading staff at the time of their recruitment or hiring

01.05.2004

04.12.2004

1 GIP

Decision 444/14 A - General implementing provisions to be applied when grading staff at the time of their recruitment or engagement

04.12.2014



Committee of the Regions

Staff Regulations

(applicable by analogy to other servants whenever the CEOS expressly provide for it)

Article

Subject Matter

Implementing rule

Entry into force

Date of expiry

Counting

Title I - General Provisions

2

AIPN Powers (subdelegation)

Decision 567/2009 on the AIPN Powers

28.10.2009

1 IR

Decisions N° 004/2008 on the AIPN Powers and N° 3/2015 on the AIPN Powers

16.09.2008

26.04.2016

1 IR

Decision 6/2016 on the AIPN Powers

26.04.2016

Title II - Rights and Obligations of Officials

11 - 21

Ethics and Integrity

Decision 419 regarding rights and obligations of deontology and integrity of officials and other agents

23.12.2005

1 IR

12a

Harassment

Decision 362/2010 regarding moral and sexual harassment at work

29.11.2010

1 IR

12b - 16 - 17

Outside activities

Decision 82/05 on outside activities and mandates

22.04.2005

11.04.2014

1 IR

Decision N° 66/2014 concerning outside activities

11.04.2014

22 a - c

Whistleblowing

Decision 26/2004 concerning the terms and conditions for internal investigations in relation to the prevention of fraud, corruption and any illegal activity detrimental to the Communities' interests

10.02.2004

1 IR

Decision 508/2015 laying down rules on whistleblowing

01.01.2016

1 IR

Title III - Career of Officials

Chapter 1 - Recruitment

27-34

Recruitment

Decision N° 93/2014 laying down General implementing provisions on grading upon recruitment

01.01.2014

1 GIP

Chapter 2 - Administrative Status

Section 3 - Leave on personal grounds

40

Leave on personal grounds

Decision N° 465/2015 laying down implementing measures concerning leave on personal grounds for officials and unpaid leave for temporary and contract staff of the EU

14.10.2015

1 IR

Section 6 - Parental or family leave

42a

Parental leave

Decision 21/2014 on rules applicable to staff regarding parental leave

01.01.2014

1 IR

42b

Family leave

Decision N° 22/2014 on rules applicable to staff regarding family leave

01.01.2014

1 IR

Chapter 3 - Reports, advancement to a higher step and promotion

44(1)

Advancement in step

Decision 360/2013 on the application of Article 7§7 of annex XIII - advancement in step

12.11.2013

1 IR

Article

Subject Matter

Implementing rule

Entry into force

Date of expiry

Counting

43

Annual report

Decision N° 0007/14 adopting general implementing provisions on staff reports

01.01.2014

01.01.2016

1 GIP

Decision N° 510/2015 adopting general implementing provisions on staff reports

01.01.2016

Decision N° 0008/2014 adopting the Assessment Instructions and the staff report form

01.01.2014

01.01.2016

1 IR

Decision N° 003/2016 adopting the Assessment Instructions and the staff report form

01.01.2016

45

Promotion

Decision 104/2010 on promotions

28.04.2010

16.06.2014

1 IR

Decision 111/2012 setting up a promotion Committee

07.06.2012

16.06.2014

Decision 0116/2014 on promotions

16.06.2014

45(2)

Promotion

Decision 304/2006 hability to work in a third language

08.09.2006

1 IR

45(a)

Certification

Decision 0118/2011 adopting the general provisions for implementing Article 45a of SR

24.05.2011

28.11.2014

1 GIP

Decision 0403/2014 adopting the general provisions for implementing article 45a of SR

28.11.2014

Section 5 - Retirement

52(2)

Retirement

Decision N° 298.02 regarding retirement age at 67 years

01.05.2004

1 IR

Title IV - Working conditions of officials

Chapter 1 - Hours of work

55

Working time

Decision N° 389/2013 on working hours and flexible working time arrangements

01.01.2014

01.01.2016

1 IR

Decision N° 509/2015 on working hours and flexible working time arrangements

01.01.2016

55a + Annex IV a

Part time work

Decision N° 19/2014 concerning article 55a SR governing part-time work

01.01.2014

1 IR

Telework

Decision N° 439/2011 establishing a teleworking scheme

01.01.2012

27.06.2016

1 IR

Decision N° 121/2016 on the teleworking scheme

27.06.2016

56 + Annex VI

Overtime

Decision 48/03 regarding remuneration for overtime worked by category C and D officials

29.01.2003

1 IR

Decision N° 23/2014 regarding overtime

01.02.2014

1 IR

Chapter 2 - Leave

57 + Annex V

Annual Leave and Special leave

Decision 18/2014 on rules applicable to staff regarding annual and special leave entitlements

01.01.2014

1 IR

Guidelines on granting special leave for exceptionnal work which goes beyond an official's normal obligations

19.12.2014

1 IR

58

Maternity leave

Decision 18/2014 on rules applicable to staff regarding annual and special leave entitlements

01.01.2014

1 IR

59-60

Sick leave

Decision N° 288/04 regarding applicable rules on absences du to sickness of accident

10.11.2004

01.11.2016

1 IR

Decision 322/2016 laying down rules for sick leave

01.11.2016

Article

Subject Matter

Implementing rule

Entry into force

Date of expiry

Counting

Title V + Annex VII - Emoluments and social security for officials

Chapter 1 - Remuneration and expenses

Annex VII - Remuneration and reimbursement of expenses

Section 1 - Family allowances

67 - 68 + Annex VII (Art 1(2)(d))

Household allowance by special decision

Decision 315/04 On General Implementing provisions on granting household allowance by special decision

01.05.2004

1 GIP

67 - 68 + Annex VII

(Art. 1)

Family allowances

Decision 317/04 on General Implementing provisions related to the application of articles 67 and 68 and articles 1,2,3 of annex VII

01.05.2004

1 GIP

67 - 68 + Annex VII

(Art. 2)

Dependent child allowance

67 - 68 + Annex VII

(Art 2(4))

Person treated as dependent child

Decision N° 268/98 on General implementing provisions on Article 2 paragraph 4 of Annex VII

01.12.1998

1 GIP

67 - 68 + Annex VII

(Art. 3)

Education allowance

Decision No 84/2013 on general implementing provisions for the grant of the education allowance (article 3 of Annex VII to the Staff Regulations)

01.01.2014

1 GIP

Section 3 - Reimbursement of expenses

71 + Annex VII (Art 7 - 8)

Travel expenses

Decision 387/2013 concerning Article 8 of Annex VII of the Staff Regulation

01.01.2014

1 GIP

71 + Annex VII (Art 8)

Place of origin

Decision 386/2013 concerning article 7(4) of annex VII on determining the place of origin

01.01.2014

1 GIP

71 + Annex VII (Art 9)

Removal expenses

Decision 385/2013 on General implementing provisions on removal expenses

01.01.2014

1 GIP

71 + Annex VII (Art 11 - 13a)

Mission and duty travel expenses

Decision 0053/2010 on General Implementing Provisions on Guide on missions for officials and other agents

01.05.2010

1 GIP

Chapter 3 + Annex VIII - Pensions and invalidity allowance

77 + Annex VIII (Art 11 -12)

Transfer of pension rights

Decision 76/2011 in general implementing provisions for articles 11 and 12 of annex VIII on the transfer of pension rights

01.01.2014

1 GIP

Conditions of Employment of Other Servants

Article

Subject matter

Implementing rule

Entry into force

Date of expiry

Counting

Title II - Temporary Staff

Chapter 1 - General provisions

12(5)

Recruitment procedure for Temporary agents

Decision 23/2016 General implementing rules on the recruitment of temporary agents

03.02.2016

1 GIP

17 + 91

Maternity leave and maternity pay

Decision N° 461/2015 on maternity leave and payment for agents before the end of their contract

14.10.2015

1 IR

Title IV - Contract Staff

Chapter 3 - Conditions of engagement

79(2)

Use of Contract staff

Decision 92/2014 on General implementing provisions regarding procedures of conditions of engagement of contract staff (last amended by Decision 90/2015)

04.12.2014

1 GIP

Chapter 3 - Conditions of engagement

82

Recruitment procedures for Contract Staff

Decision 92/2014 on General implementing provisions regarding procedures of conditions of engagement of contract staff (last amended by Decision 90/2015)

01.01.2014

0

86

Grading upon recruitment

Decision 92/2014 on General implementing provisions regarding procedures of conditions of engagement of contract staff (last amended by Decision 90/2015)

01.01.2014

0



EUROPEAN OMBUDSMAN

Staff Regulations

(applicable by analogy to other servants whenever the CEOS expressly provide for it)

Article

Subject Matter

Implementing rule

Entry into force

Date of expiry

Counting

Title I - General Provisions

1d(4)

Disability

General implementing provisions for implementing article 1e(4) concerning recruitment of disabled persons

01.05.2004

1 GIP

2

AIPN powers

Delegation of exercise of powers as Appointing authority

08.09.2015

1 IR

5 + Annex I

Types of posts and post titles

Decision on type of posts and post titles

01.01.2014

1 IR

5 + Annex I and Annex XIII (Art 30-

31)

Assignment of officials holding special responsibilities to "Head of unit or equivalent" or "Adviser or equivalent" before 31 December 2015

Decision on type of posts and post titles

01.01.2014

Title II - Rights and Obligations of Officials

12b - 16 - 17

Outside activities

Decision of the European Ombudsman on internal rules concerning the exercise of an occupational activity after leaving the service of the European Union (article 16 SR)

07.03.2016

1 IR

22 a-c

Whistleblowing

Decision of the European Ombudsman on internal rules concerning disclosure in the public interest ('whistleblowing')

02.12.2015

1 IR

24 a

Training

Decision adopting the guide for training

12.09.2013

1 IR

Title III - Career of Officials

Chapter 1 - Recruitment

27-34

Recruitment

General implementing provisions on the criteria applicable to classification in step on appointment or recruitment

01.01.2014

1 GIP

Chapter 2 - Administrative Status

Section 6 - Parental or family leave

42a

Parental leave

General implementing provisions for Article 42a concerning parental leave

01.05.2004

1 GIP

Chapter 3 - Reports, advancement to a higher step and promotion

43

Annual report

General implementing provisions for implementing Article 43

SR and Article 15§2 and 87§1 CEOS

01.01.2010

1 GIP

45

Promotion

Decision of the European Ombudsman on promotions policy

and career planning

12.09.2013

1 GIP

45(a)

Certification

General implementing provisions on article 45a

21.07.2005

1 GIP

Title IV - Working conditions of officials

Chapter 1 - Hours of work

55

Working time

Internal rules on working hours and flexitime

30.09.2009

1 IR

55a + Annex IV a

Telework

Decision of the European Ombudsman on the implementation of teleworking in the European Ombudsman

30.09.2014

1 IR

56 + Annex VI

Overtime

Internal rules - compensation in respect of overtime (article 55-56b and Annex VII)

01.05.2014

1 IR

Article

Subject Matter

Implementing rule

Entry into force

Date of expiry

Counting

Title V + Annex VII - Emoluments and social security for officials

Chapter 1 - Remuneration and expenses

Annex VII - Remuneration and reimbursement of expenses

Section 1 - Family allowances

67 - 68 +

Annex VII (Art 1(2)(d))

Household allowance by special decision

General implementing provisions regarding the granting of household allowance by special decision

01.05.2004

1 GIP

67 - 68 +

Annex VII (Art 1)

Family allowance

General implementing rules on the implementation of articles 67 and 68 and articles 1,2, and 3 of its annex VII regarding the payment of family allowance

01.05.2004

1 GIP

67 - 68 +

Annex VII (Art 2)

Dependent child allowance

67 - 68 +

Annex VII (Art 2(4))

Person treated as dependent child

General implementing rules on article 2(4) of annex VII

01.05.2004

1 GIP

67 - 68 +

Annex VII (Art 3)

Education allowance

General implementing provisions on granting education allowance

01.01.2014

1 GIP

Section 3 - Reimbursement of expenses

71+Annex VII (Art 7- 8)

Place of origin

General implementing provisions regarding the place of origin

01.05.2004

1 GIP

71+Annex VII (Art 8)

Travel expenses

General implementing provisions giving effect to article 8 of annex VII concerning payment of travel expenses

01.01.2014

1 GIP

71+Annex VII (Art 9)

Removal expenses

Decision on general implementing provisions on reimbursement of removal expenses

01.12.2014

1 GIP

71 + Annex VII (Art 11 - 13a)

Mission and duty travel expenses

Internal Decision on Mission guide

01.07.2008

1 IR

Title VI - Disciplinary measures

86 + Annex IX

Disciplinary proceedings and administrative investigations

General implementing provisions on disciplinary procedures and administrative investigations

01.05.2004

1 GIP

Conditions of Employment of Other Servants

Article

Subject matter

Implementing rule

Entry into force

Date of expiry

Counting

Title IV - Contract Staff

Chapter 1 - General provisions

79(2)

Use of Contract Staff

Decision on the procedures of engagement of contract agents

01.01.2014

1 GIP

Chapter 3 - Conditions of engagement

82

Recruitment procedures for Contract Staff

Decision on the procedures of engagement of contract agents

01.01.2014

0

86

Grading upon recruitment

Decision on the procedures of engagement of contract agents

01.01.2014

0



European Data Protection Supervisor

Staff Regulations

(applicable by analogy to other servants whenever the CEOS expressly provide for it)

Article

Subject Matter

Implementing rule

Entry into force

Date of expiry

Counting

Title I - General Provisions

9

Committees

Decision on setting up a staff committee

08.02.2006

1 IR

Title II - Rights and Obligations of Officials

12b - 16 - 17

Outside activities

Decision on outside activities

01.01.2014

1 IR

22 a-c

Whistleblowing

Decision on internal rules concerning whistleblowing

14.06.2016

1 IR

Title III - Career of Officials

Chapter 1 - Recruitment

27-34

Recruitment

Decision 54 on General implementing provisions regarding classification in step upon recruitment or engagement

01.01.2014

1 GIP

Chapter 2 - Administrative Status

Section 3 - Leave on personal grounds

40

Leave on personal grounds

Decision 50 regarding measures on leave on personal grounds of officials and unpaid leave of temporary and contract agents

01.01.2014

1 IR

Section 6 - Parental or family leave

42a

Parental leave

General implementing provisions of article 42 bis on parental

leave

01.07.2005

1 GIP

42b

Family leave

Decision 14 regarding implementing provisions on family leave

01.05.2004

1 IR

Chapter 3 - Reports, advancement to a higher step and promotion

Art 43

Annual report

General implementing provisions for implementing article 43

30.03.2007

15.12.2014

1 GIP

Decision 30-bis adopting general implementing provisions on staff reports

15.12.2014

45

Promotion

Decision 38-bis adopting General implementing provisions concerning promotion

14.05.2014

1 GIP

Art 45(a)

Certification

General implementing provisions concerning the certification procedure

16.02.2012

15.12.2014

1 GIP

Decision 43-ter laying down general implementing provisions

on article 45 bis

15.12.2014

Title IV - Working conditions of officials

Chapter 1 - Hours of work

55

Working time

Decision on working time

01.01.2014

1 IR

55a + Annex IV a

Part time work

Decision 10 concerning rules on part-time work

01.05.2004

1 IR

Telework

Decision regarding telework

18.12.2014

1 IR

Chapter 2 - Leave

57 + Annex V

Annual Leave and Special leave

Decision on leave

01.01.2014

1 IR

58

Maternity leave

Article

Subject Matter

Implementing rule

Entry into force

Date of expiry

Counting

Title V + Annex VII - Emoluments and social security for officials

Chapter 1 - Remuneration and expenses

Annex VII - Remuneration and reimbursement of expenses

Section 1 - Family allowances

67 - 68 + Annex VII (Art 1(2)(d))

Household allowance by special decision

General implementing provisions on household allowance by special decision - Decision 21

01.05.2004

1 GIP

67 - 68 + Annex VII

(Art 2(4))

Person treated as dependent child

General implementing provisions on person assimilated as dependent child

01.05.2004

1 GIP

67 - 68 + Annex VII

(Art 3)

Education allowance

General implementing provisions on granting education allowance - Decision 55

14.07.2014

1 GIP

Section 3 - Reimbursement of expenses

71 + Annex VII (Art 7 - 8)

Travel expenses

Decision adopting General implementing provisions on annual travel expenses

01.01.2014

1 GIP

71 + Annex VII (Art 8)

Place of origin

Decision on General implementing provisions on the application of article 7(4) of annex VII regarding place of origin

01.01.2014

1 GIP

71 + Annex VII (Art 9)

Removal expenses

Decision 53 adopting General implementing provisions on removal expenses

01.01.2014

1 GIP

71 + Annex VII (Art 11 - 13a)

Mission and duty travel expenses

General implementing provisions adopting the Guide to missions

09.12.2004

1 GIP

Chapter 3 + Annex VIII - Pensions and invalidity allowance

77+Annex XIII (art 4)

Calculation of pension rights

General implementing provisions on article 4 of annex VIII regarding calculation of pension rights for the years worked before entry into service

01.10.2007

1 GIP

77 + Annex VIII (Art 11 -12)

Transfer of pension rights

Decision 36-bis adopting General implementing provisions of articles 11 and 12 of annex VIII regarding transfer of pension rights

16.02.2012

1 GIP

Title VI - Disciplinary measures

86 + Annex IX

Disciplinary proceedings and administrative investigations

EDPS decision adopting implementing provisions regarding the conduct of administrative inquiries and disciplinary proceedings

01.01.2014

1 GIP

Title VII - Appeals

90-91

Complaints and appeals

Decision adopting implementing measures regarding articles 90

& 91

11.11.2014

1 IR

Conditions of Employment of Other Servants

Title II - Temporary Staff

Chapter 1 - General provisions

17 + 91

Maternity leave and maternity pay

Decision 51 on maternity leave and payment when maternity leave starts before the end of their contract

01.01.2014

1 IR

Title IV - Contract Staff

Chapter 1 - General provisions

79(2)

Use of Contract staff

Decision 48 on General implementing provisions of article 79(2) of CEOS regarding conditions of engagement of contract agents 3a and 3 b (amended by Decision 56 of 1 January 2014 on general implementing rules on the conditions of engagement of contract agents)

16.02.2012

1 GIP

Chapter 3 - Conditions of engagement

82

Recruitment procedures for Contract Staff

Decision 48 on General implementing provisions of article 79(2) of CEOS regarding conditions of engagement of contract agents 3a and 3 b (amended by Decision 56 of 1 January 2014 on general implementing rules on the conditions of engagement of contract agents)

16.02.2012

0

86

Grading upon recruitment

Decision 48 on General implementing provisions of article 79(2) of CEOS regarding conditions of engagement of contract agents 3a and 3 b (amended by Decision 56 of 1 January 2014 on general implementing rules on the conditions of engagement of contract agents)

16.02.2012

0

Legend

General implementing provision (GIP)

Other implementing rule (IR)

The following method of counting was applied:

-An implementing rule was counted once, even if it covered more than one subject matter; 1

-A rule amending an already existing rule was not counted separately;

-If an implementing rule was replaced during the period covered by the report, only one implementing rule was counted. 2

(1)

An exception was made in the case of "omnibus decisions" adopted by the EEAS, i.e. general decisions that adopt, en bloc and by way of analogy, several special decisions of other institutions. In such a case, the respective number of special decisions was counted.

(2)

However, when a general implementing rule was replaced by a different type of implementing rule (or vice versa), two implementing rules were counted (one for each category of rules).

Top

Brussels, 26.10.2017

COM(2017) 632 final

ANNEX

to the Report from the Commission to the European Parliament and the Council on the rules adopted by the appointing authority of each institution to give effect to the Staff Regulations

Consolidated Tables


Staff Regulations
(applicable by analogy to other servants whenever the CEOS expressly provide for it)

Article

Subject Matter

EP

C

COM

CoJ

CoA

EEAS

EESC

CoR

EO

EDPS

Title I - General Provisions

1d(4)

Disability

X

X

X

 

 

X

 

 

X

 

1e(1)

Measures of social nature

 

 

X

 

 

X

 

 

 

 

1e(2)

Health and Safety

 

X

X

X

X

 

 

 

 

 

2

AIPN Powers

X

X

X

X

X

X

X

X

X

 

5 + Annex I

Type of posts and post titles

 

X

X

X

X

X

X

X

X

 

5 + Annex I and XIII (art 30 - 31)

Assignment of officials holding special responsibilities to "Head of unit or equivalent" or "Adviser or equivalent" before 31 December 2015

 

X

X

X

X

 

X

 

X

 

7

Transfer

 

X

X

 

 

X

X

 

 

 

9 + Annex II

Committees

 

 

X

 

X

 

 

 

 

X

10

Staff Regulations Committee

X

X

X

X

X

X

X

X

X

X

Title II - Rights and Obligations

11 - 21

Ethics and integrity

 

X

X

 

 

 

 

X

 

 

12 a

Harassment

X

X

X

 

 

X

X

X

 

 

12b -16 -17

Outside activities

 

X

X

 

X

X

X

X

X

X

22

Financial responsibility

 

 

X

 

 

 

 

 

 

 

22 a - c

Whistleblowing

X

X

X

X

X

X

X

X

X

X

24 a

Training

 

 

X

 

X

 

X

 

X

 

Title III - Career of officials

Chapter 1 - Recruitement

27 - 34

Recruitment

X

X

X

X

X

X

X

X

X

X

27 + Annex II (Art 2)

EPSO/Commission paritaire commune

X

X

X

X

X

X

X

X

X

X

Article

Subject Matter

EP

C

COM

CoJ

CoA

EEAS

EESC

CoR

EO

EDPS

29

Middle management

 

 

X

 

 

 

 

 

 

 

29(2)

Recruitment of Senior Officials

X

 

X

 

X

 

 

 

 

 

Chapter 2 - Administrative Status

Section 2 - Secondment

37(1)(b)

List of bodies pursuing the interest of the European Union

X

X

X

X

X

X

X

X

X

X

37 - 39

Secondment

X

 

 

 

X

 

 

X

 

 

38 (d)

 

 

X

 

 

 

 

 

 

 

Section 3 -Leave on personal grounds

40

Leave on personal grounds

X

X

X

 

 

X

X

X

 

X

Section 6 -Parental or Family leave

42 a

Parental leave

X

X

X

X

X

X

X

X

X

X

42 b

Family leave

X

 

X

 

X

X

X

X

 

X

Chapter 3 - Reports, advancement to a higher step and promotion

43

Annual report

X

X

X

X

X

X

X

X

X

X

44(1)

Advancement in step

 

 

X

 

X

X

 

 

 

 

44(2) - 46

Confirmation in management posts

X

 

X

 

 

 

 

 

 

 

45

Promotion

X

X

X

X

X

X

X

X

X

X

45(2)

Ability of officials to work in a third language

X

X

X

X

X

X

X

X

X

X

45 (a)

Certification

X

X

X

X

X

X

 

X

X

X

Chapter 4 - Termination of Service

Section 4 -Procedures dealing with incompetence

51

Professional incompetence

X

X

X

X

X

 

 

 

 

 

Article

Subject Matter

EP

C

COM

CoJ

CoA

EEAS

EESC

CoR

EO

EDPS

Section 5 - Retirement

52

Retirement

 

 

 

 

 

 

X

X

 

 

Section 6 -Honorary rank

54

Honorary Rank

 

 

X

 

 

 

 

 

 

 

Title IV - Working conditions

Chapter 1 - Hours of work

55

Working time

 

X

X

X

 

X

X

X

X

X

55 a + Annex IV a

Part time work

X

X

X

 

X

X

X

X

 

X

Telework

 

X

X

 

X

X

X

X

X

X

55 b

Job-Sharing

 

 

X

 

 

 

 

 

 

 

56 + Annex VI

Overtime

X

X

X

X

X

 

X

X

X

X

Chapter 2 - Leave

57+Annex V

Annual leave and special leave

X

X

X

X

X

X

X

X

 

X

58

Maternity leave

X

X

X

X

 

X

X

X

 

X

59

Sick leave

X

X

X

 

X

X

 

X

 

 

60

Absence

X

 

X

 

 

X

 

X

 

 

Chapter 3 - Public Holidays

61

List of Public holidays

X

X

X

X

X

X

X

X

X

X

 

 

Title V + Annex VII - Emoluments and social security for officials

Chapter 1 - Remuneration and expenses

Annex VII - Remuneration and reimbursement of expenses

Section 1 - Family allowances

 

 

67-68 + Annex VII (art 1-3)

Family allowances

X

X

X

 

 

X

X

X

Article

Subject Matter

EP

C

COM

CoJ

CoA

EEAS

EESC

CoR

EO

EDPS

 

 

67-68 +Annex VII (art 1(2)(d))

Household allowance by special decision

X

X

X

 

 

X

 

X

X

X

67-68 + Annex VII (art 2(4))

Person treated as dependent child

X

X

X

 

 

X

 

X

X

X

67-68 + Annex VII (art 3)

Education allowance

X

X

X

X

X

X

X

X

X

X

Section 3 - Reimbursement of expenses

71+Annex VII (Art 7-8)

Travel expenses

X

X

X

 

X

X

X

X

X

X

71 + Annex VII (Art 8)

Place of origin

X

X

X

X

X

X

X

X

X

X

71+Annex VII (Art 9)

Removal expenses

X

X

X

X

X

X

X

X

X

X

71+Annex VII (Art 11-13a)

Mission and duty travel expenses

X

X

X

X

X

X

 

X

 

X

Section 4 - Payment of sums due

Annex VII ( Art 17)

Transfer of emoluments

X

X

X

X

X

X

X

X

X

X

Chapter 2 - Social Security benefits

72

Sickness insurance

X

X

X

X

X

X

X

X

X

X

72

Reimbursement of medical expenses

 

 

X

 

 

 

 

 

 

 

73

Insurance scheme against the risk of occupational disease or accidents

X

X

X

X

X

X

X

X

X

X

76

Loans and advances

X

 

 

 

 

 

 

 

 

 

76 a

Financial aid increasing the pension of a surviving spouse with a serious or protracted illness or who is disabled

X

X

X

X

X

X

X

X

X

X

Chapter 3 + Annex VIII - Pensions and invalidity allowance

77+Annex VIII (Art 4)

Calculation of pension rights

 

 

X

 

 

X

 

 

 

 

77+Annex VIII (Art 11 -12)

Transfer of pension rights

X

X

X

X

 

X

X

X

 

X

Article

Subject Matter

EP

C

COM

CoJ

CoA

EEAS

EESC

CoR

EO

EDPS

 

 

73 and 78 + Annex VIII (Art 13-15)

Invalidity allowance

X

 

 

 

 

 

 

 

 

 

Title VI - Disciplinary measures

86 + Annex IX

Disciplinary proceedings and administrative investigations

X

 

X

X

 

X

X

 

X

 

Title VII - Appeals

90 - 91

Complaints and Appeals

 

 

 

 

 

 

 

 

 

X

Title VIIIb + Annex X - Special and exceptional provisions applicable to officials serving in a third country

96

Management of EU Delegations

 

 

X

 

 

X

 

 

 

 

Title VIIIb + Annex X - Special and exceptional provisions applicable to officials serving in a third country

ANNEX X

Chapter 1 - General Provisions

101a - Annex X (Art 1)

General provisions

 

 

X

 

 

X

 

 

 

 

Chapter 2 - Obligations

101a + Annex X (Art 5, 23)

Housing

 

 

X

 

 

X

 

 

 

 



Article

Subject Matter

EP

C

COM

CoJ

CoA

EEAS

EESC

CoR

EO

EDPS

 

 

Chapter 3 - Working Conditions

101a + Annex X (Art 8)

Rest leave

 

 

X

 

 

X

 

 

 

 

Chapter 4 - Emoluments and social security benefits

Section 1 - Emoluments and Family allowances

101a + Annex X (Art 10)

Allowance for living conditions

 

 

X

 

 

X

 

 

 

 

101a + Annex X (Art 12-13)

Currency and weighting

 

 

X

 

 

X

 

 

 

 

101a + Annex X (Art 16 )

Reimbursement to officials assigned in non member countries

 

 

X

 

 

X

 

 

 

 

Section 2 - Rules relating to the reimbursement of expenses

101a + Annex X (Art 22)

Temporary accommodation allowance and the cost of transporting

 

 

X

 

 

X

 

 

 

 

Section 3 - Social security benefits

101a + Annex X (Art 24)

Sickness insurance

 

 

X

 

 

X

 

 

 

 

101a + Annex X (Art 25)

Accident insurance

 

 

X

 

 

X

 

 

 

 

Conditions of Employment of Other Servants

Article

Subject matter

EP

C

COM

CoJ

CoA

EEAS

EESC

CoR

EO

EDPS

Title II - Temporary Staff

Chapter 1 - General provisions

8

General policy for the engagement and use of temporary agents

X

 

X

 

X

X

 

 

 

 

10

Reclassification of temporary staff

X

 

 

 

X

 

 

 

 

 

Chapter 3 - Conditions of engagement

12(5)

Recruitment procedures for temporary agents

X

 

 

 

X

X

X

X

 

 

17 + 91

Maternity leave and maternity pay

X

X

X

 

 

X

X

X

 

X

Chapter 6 - Social security benefits

Section A -Sickness and accident insurance, social security benefits

28a (10)

Unemployment allowance

X

X

X

X

X

X

X

X

X

X

Title IV - Contract Staff

Chapter 3 - Conditions of engagement

79(2)

Use of contract staff

X

X

X

X

X

X

X

X

X

X

 

 

 

 

 

 

 

 

 

 

 

 

Chapter 4 - Special provisions for members of the contract staff refered to Article 3a

82

Recruitment procedures for Contract staff

X

X

X

X

X

X

X

X

X

X

86

Grading upon recruitment

X

X

X

X

X

X

X

X

X

X

87

Appraisal of contract staff

X

X

X

 

 

X

 

 

 

 

Article

Subject matter

EP

C

COM

CoJ

CoA

EEAS

EESC

CoR

EO

EDPS

Chapter 11 - Special and exceptional provisions applicable to members of the contract staff serving in a third country

118

Contract staff in delegations

 

 

X

 

 

 

 

 

 

 

Title V - Local staff

120

Local agents in Delegations

 

 

X

 

 

X

 

 

 

 

Title VI - Special advisers

5 + 123 + 124

Special advisers

 

 

X

 

 

 

 

 

 

 

Title VII - Parliamentary assistants

125-139

Implementing measures for Title VII

X

 

 

 

 

 

 

 

 

 

Legend :

General Implementing Rules

 

 

 

X

 

 

 

Other internal rules

 

 

 

X

 

 

 

Rules adopted by common accord (only mentioned in the general table)

 

 

 

X

 

 

 

 

 

Top

Brussels, 26.10.2017

COM(2017) 632 final

ANNEX

to the Report from the Commission to the European Parliament and the Council on the rules adopted by the appointing authority of each institution to give effect to the Staff Regulations

Implementing rules in agencies


Adopted before 2014 reform 1

Adopted after 2014 reform

No rule / opt-out (including ongoing requests)

Total

Article

Subject Matter

Relevant COM implementing rule

Ex-ante agreement

Analogous to COM rule

Own rules (including ongoing requests)

Analogy - Art. 110

Rule based on ex-ante agreement

Own rules different from COM (including ongoing requests)

Application by analogy

9 month period not expired on 31/12/2016

Staff Regulations

1e(1)

Measures of social nature

C(2013)4876 on guidelines for assistance with home care or care for a sick child

3

2

43

48

5

Types of posts and post titles

C(2013)8979 on types of post and post titles

41

5

2

48

C(2016)3214 concerning the function of adviser

37

11

48

7

Transfer

C(2009)7839 laying down implementing rules as regards temporary occupation of management posts

5

25

18

48

9

Staff Committee

Rules laying down the composition and operation of the Staff Committee of 22/10/1997

C(2016)3323 regarding implementing rules on setting up a Staff Committee

5

25

13

5

48

12a

Harassment

C(2006)1624/3 on protecting the dignity of the person and preventing psychological harassment and sexual harassment

C(2016)6595 on policy on protecting the dignity of the person and preventing psychological and sexual harassment

5

27

4

12

48



Staff Regulations

 

Commission

Agencies
Number of implementing rules on 31 December 2016

Adopted before 2014 reform

Adopted after 2014 reform

No rule / opt-out (including ongoing requests)

Total

Article

Subject Matter

Relevant COM implementing rule

Ex-ante agreement

Analogous to COM rule

Own rules

(including ongoing requests)

Analogy - Art. 110

Rule based on ex-ante agreement

Own rules different from COM (including ongoing requests)

Application by analogy

9 month period not expired on 31/12/2016

12b - 16 - 17

Outside activities

C(2013)9037 on outside activities and assignments

47

1

48

24a

Training

C(2016)3829 Learning and Development Strategy

33

15

48

C(2016)3855 on Training on the own initiative of the staff member

34

14

48

27-34

Recruitment

C(2013)8970 GIPs concerning the criteria applicable to classification in step upon recruitment

48

48

29

Middle management

C(2016)3288 on middle management staff

33

15

48

40

Leave on personal grounds

C(2013)9054 on measures concerning leave on personal grounds for officials and unpaid leave for temporary and contract staff of the EU

C(2015)5320 on measures concerning leave on personal grounds for officials and unpaid leave for temporary and contract staff of the EU

7

37

4

48

43

Annual report

C(2013)8985 GIPs on Article 43 and 44(1) SR

C(2015)1513 on Article 43 and 44(1) SR

17

31

48



Staff Regulations

Commission

Agencies
Number of implementing rules on 31 December 2016

Adopted before 2014 reform

Adopted after 2014 reform

No rule / opt-out (including ongoing requests)

Total

Article

Subject Matter

Relevant COM implementing rule

Ex-ante agreement

Analogous to COM rule

Own rules

(including ongoing requests)

Analogy - Art. 110

Rule based on ex-ante agreement

Own rules different from COM (including ongoing requests)

Application by analogy

9 month period not expired on 31/12/2016

45

Promotion

C(2013)8968 on implementing Article 45 SR

C(2015)9563 on implementing Article 45 SR

15

12

15

6

48

55

Working hours

C(2014)2502 on working time

C(2015)9562 on working time

23

21

4

48

55a

Part-time

C(2015)9270 on Art 55a SR and Annex Iva

47

1

48

Telework

C(2015)9151 on Telework

29

4

15

48

55b

Job-sharing

C(2004)1314 on Job-sharing

26

1

21

48

57

Annual leave and special leave

C(2013)9051 on leave

48

48

59-60

Sick leave

C(2004)1597/11 on sick leave

26

19

3

48

67-68

Education allowance

C(2013)8971 GIPs on Art 3 of Annex VII

48

48

71

Travel expenses

C(2013)8987 GIPs on Art 8 of Annex VII

48

48

71

Place of origin

C(2013)8982 GIPs on Art 7(4) of Annex VII

48

48

71

Removal expenses

C(2013)9040 GIPs on removal expenses

47

1

48

71

Mission and duty travel

C(2008)6215 - GIPs on missions

27

17

4

48

77

Transfer of pension rights

C(2011)1278 GIPs on Article 11 and 12 of Annex VIII

24

19

5

48

86

Disciplinary proceedings and administrative investigation

C(2004)1588 GIPs on administrative inquiries and disciplinary procedures

9

31

8

48



Conditions of Employment of Other Servants

Commission

Agencies
Number of implementing rules on 31 December 2016

Adopted before 2014 reform

Adopted after 2014 reform

No rule / opt-out (including ongoing requests)

Total

Article

Subject Matter

Relevant COM implementing rule

Ex-ante agreement

Analogous to COM rule

Own rules

(including ongoing requests)

Analogy - Art. 110

Rule based on ex-ante agreement

Own rules different from COM (including ongoing requests)

Application by analogy

9 month period not expired on 31/12/2016

12(5)

Engagement of TA

C(2013)9049 on policies for engagement and use of TA

6

4

38

48

15 CEOS + 43 SR

Appraisal TA

11

37

48

17 + 91

Maternity leave and maternity pay

C(2013)9020 on maternity leave and maternity pay

48

48

54

Reclassification TA

18

30

48

Reclassification TA 2f

C(2015)4996 and C(2015)9560 on implementing rules giving effect to Art 54 CEOS

2

32

14

48

56

Engagement of TA 2f

C(2015)1457 and C(2015)1509 on implementing rules giv6ing effect to Art 56 CEOS

38

10

48

79(2) - 90

Engagement of CA

C(2013)9028 on the maximum duration for the recourse to non-permanent staff in the Commission services

C(2016)2421 regarding the non-application of the COM Decision on the maximum duration for the recourse to non-permanent staff

26

22

48

87

Appraisal CA

C(2014)2226 GIPs for implementing Art 87(1) of the CEOS

C(2015)1456 for implementing Art 87(1) CEOS and Art 44(1) SR

11

37

48

87(3)

Reclassification of CA

C(2013)2529 on GIPs for implementing Art. 87(3) CEOS

C(2015)9561 and C(2015)4997 on provisions for implementing Art 87(3) CEOS

15

33

48



Legend

Implementing rules in agencies which apply by analogy after the reform of 2014 (Art. 110 (2) SR)

Commission implementing rule adopted after the reform of 2014 and notified to agencies

Derogations after 2014 (own rules or opt out, including requests pending)

Commission horizontal ex-ante agreements

Implementing rules adopted by agencies based on ex-ante agreement

(1)

 Agencies' rules implementing the Staff Regulations and adopted before the 2014 reform are mentioned if a Commission Decision on the subject matter exists.

Top