|
Brussels, 28.4.2004
C (2004) 1588
COMMISSION DECISION
GENERAL PROVISIONS GIVING EFFECT TO ARTICLE 8 OF ANNEX VII TO THE STAFF
REGULATIONS THE COMMISSION OF
THE EUROPEAN COMMUNITIES,
Having regard to the Staff Regulations of officials and the Conditions of
Employment of other servants of the European Communities laid down by
Regulation (EEC, Euratom, ECSC) No 259/68 (1),
and in particular Article 8 of Annex VII to the Staff Regulations,
Having regard to the opinion of the Staff Regulations Committee,
After consulting the Staff Committee,
Whereas general provisions for giving effect to Article 8 of Annex VII the
Staff Regulations relating to travel expenses from the place of employment
to the place of origin should be adopted,
HAS ADOPTED THESE PROVISIONS:
SECTION
1
PAYMENT OF TRAVEL EXPENSES INCURRED IN THE YEAR OF TAKING UP AN
APPOINTMENT, OF TAKING LEAVE ON PERSONAL GROUNDS OR OF TERMINATION OF
SERVICE
Article 1
Officials who take up an appointment or are reinstated on the expiry of
leave on personal grounds in the course of a calendar year, and who in
that year complete at least nine months of active employment, shall be
entitled to the full payment provided for in Article 8 of Annex VII to the
Staff Regulations.
If, during that year, they complete less than nine months of active
employment, they shall be entitled to only part of the payment referred to
in the preceding paragraph, the basis of calculation being one twelfth for
every month of service. A fraction of a month shall be rounded up to a
full month to the benefit of the officials concerned.
Article 2
Article 1 shall apply by analogy to officials whose service is terminated
in the course of the year for any reason other than death or who are on
leave on personal grounds.
In the event of the death of an official in the course of a calendar year,
the full flat-rate payment for travel expenses for the current year,
divided into equal parts, shall be made to the surviving spouse and to the
dependants within the meaning of Article 2 of Annex VII to the Staff
Regulations, provided the persons concerned are themselves entitled to
such payment.
SECTION 2
PAYMENT OF TRAVEL EXPENSES IN THE EVENT OF A CHANGE IN THE PLACE OF
EMPLOYMENT OR PLACE OF ORIGIN
Article 3
-
Officials whose place of
employment is situated in the territory of a Member State and who are
transferred to another place of employment situated in the territory of
one of the Member States shall be entitled to the full flat-rate amount of
travel expenses provided for in Article 8(1) of Annex VII to the Staff
Regulations on the basis of the journey between their place of origin and
the place in which they have been employed for a period of at least nine
months.
-
Where the officials referred to
in paragraph 1 have not been assigned to any one place of employment for
at least nine months during the calendar year in question, the payment
provided for in the preceding paragraph shall be calculated on the basis
of the number of months spent in each place of employment. A fraction of a
month of active employment shall be rounded up to a full month to the
benefit of the officials concerned.
Article
4
-
Where officials who are employed
in a place situated in the territory of a Member State and who are
transferred to a place outside the territory of the Member States or vice
versa return to their place of origin and have spent at least nine months
of the year in question in the place of employment situated outside the
territory of the Member States, they shall be entitled to payment of the
travel expenses provided for in Article 8(4) of Annex VII to the Staff
Regulations on the terms laid down therein, with the exception of the
flat-rate payment provided for in paragraph 1 of that Article.
-
If the officials referred to in
paragraph 1 have been employed in a place outside the territory of the
Member States for less than nine months during the calendar year in
question, the payment provided for in Article 8(4) of Annex VII to the
Staff Regulations shall be calculated on a pro rata basis according to the
number of months spent in that place of employment. A fraction of a month
shall be rounded up to a full month to the benefit of the officials
concerned.
Apart from the payment laid down in the preceding subparagraph, they shall
be entitled to part of the flat-rate payment provided for in Article 8(1)
of Annex VII to the Staff Regulations, calculated as a proportion of the
period spent in the place of employment situated in the territory of a
Member State. A fraction of a month shall be rounded up to a full month to
the benefit of the officials concerned.
For the purposes of applying the rule on rounding up fractions of months
in this paragraph, the total number of months to be taken into
consideration shall not exceed twelve. The remaining fraction of a month
shall be calculated to the benefit of the officials concerned.
-
Where officials employed in a
place outside the territory of the Member States are transferred to
another place of employment outside the territory of the Member States and
travel to their place of origin from one of those two places of
employment, the payment provided for in Article 8(4) of Annex VII to the
Staff Regulations shall be calculated on the basis of the place in which
the officials were employed at the time of their journey, regardless of
the proportion of the year during which they were employed there. If
officials travel to a place other than their place of origin, payment
shall be made on a pro rata basis.
Article
5
If an official's place
of origin is changed, the payment of travel expenses for the calendar year
in question shall be calculated on a pro rata basis according to the
number of months for which each of the places of origin was established.
Article 6
Where, for a reason other than marriage, the conditions for payment are
not fulfilled by the spouse or by persons treated as dependent children
for the entire calendar year, the travel expenses reimbursed shall be
calculated on a pro rata basis according to the period for which these
conditions are fulfilled. A fraction of a month shall be rounded up to a
full month.
However, where these conditions cease to be fulfilled on a date later than
that specified in Article 7, officials shall retain entitlement to full
payment in respect of the person or persons concerned.
SECTION 3
MEANS OF TRANSPORT
Article 7
The cost of travel by air in the class immediately above “tourist” or
“economy” class, in accordance with Article 8(4) of Annex VII to the Staff
Regulations, shall be reimbursed in the form of a flat-rate payment based
on IATA rates on production of the boarding passes proving that the
journey between the place of employment and the place of origin or any
other journey for the purposes of Article 8(4) of Annex VII has taken
place. For other means of transport, the official shall provide equivalent
evidence that the journey has taken place.
SECTION 4
DEADLINE FOR REIMBURSEMENT
Article 8
In accordance with Articles 2 to 6, the flat-rate payment referred to in
Article 8(1) of Annex VII to the Staff Regulations shall be made
automatically in July of each year on the basis of the family
circumstances of the official concerned, subject to adjustment for under-
or overpayments. The reimbursement in the form of a flat-rate payment
referred to in Article 8(4) of Annex VII to the Staff Regulations shall be
made automatically in July of each year on the basis of the family
circumstances of the official concerned, subject to adjustment for under-
or overpayments and subject to the above-mentioned proof of travel.
SECTION 5
SCOPE
Article 9
These provisions shall apply to officials. They shall also apply to
temporary staff who satisfy the criteria laid down in Article 26 of the
Conditions of Employment of other servants and to contract staff who
satisfy the criteria laid down in Articles 26 and 92 of those Conditions
of Employment.
These provisions shall enter into force on 1 May 2004. They repeal and
replace the general implementing provisions approved on 16 December 1981
by written procedure (Administrative Notice No 496 of 3 March 1986).
Done at Brussels, 28.4.2004.
Footnotes
(1) OJ L 56, 4.3.1968, p. 1.
Regulation as last amended by Regulation (EC, Euratom) N° 723/2004 (OJ L
124, 27.4.2004, p. 1).
|
