Brussels, 7.4.2004.
C(2004) 1318

COMMISSION DECISION

implementing article 1d (4) of the staff regulations

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Staff Regulations of officials of the European Communities and the Conditions of employment of other servants of the Communities, laid down by Council Regulation (EEC, Euratom, ECSC) No 259/68 ⁽¹⁾, and in particular Article 1d(4) thereof,

Whereas it is necessary, following the reform of the Staff Regulations, to adopt a decision giving effect to the new paragraph 4 of Article 1d thereof,

HAS DECIDED AS FOLLOWS:

• CHAPTER ONE: RECRUITMENT OF DISABLED PERSONS
  • Article 1
  • Article 2
  • Article 3
     
• CHAPTER TWO: DISABILITY IN THE COURSE OF THE OFFICIAL’S CAREER
  • Article 4
  • Article 5
  • Article 6
     
• CHAPTER THREE: REASONABLE ACCOMMODATION
  • Article 7
  • Article 8
  • Article 9
  • Article 10
     
• CHAPTER FOUR: UNDUE BURDEN
  • Article 11
  • Article 12
  • Article 13
     
• CHAPTER FIVE: REQUESTS
  • Article 14
  • Article 15
  • Article 16
     
• CHAPTER SIX: ENTRY INTO FORCE
  • Article 17
     

CHAPTER ONE: RECRUITMENT OF DISABLED PERSONS

Article 1

A person with a disability meets the condition for appointment as an official laid down in Article 28(e) of the Staff Regulations, if s/he is physically and mentally able to perform the essential functions of the job when reasonable accommodation is made.

Article 2

In the exercise of his/her power to undertake a medical examination of successful candidates under Article 33 of the Staff Regulations, the medical officer shall, if the case arises, consider whether the candidate has a mental or physical impairment and, if so, state the nature of that impairment.

Article 3

Where the medical officer considers that a successful candidate has a mental or physical impairment, s/he shall state in his/her report whether the post for which it is proposed to recruit the candidate is or is not suitable for him/her or is only suitable if reasonable accommodation, as determined below, is provided. S/He shall also state whether in his/her opinion another post in the same function group would be suitable, with or without the provision of such accommodation.

CHAPTER TWO: DISABILITY IN THE COURSE OF THE OFFICIAL’S CAREER

Article 4

Where an official in active service acquires an impairment but can perform the essential functions of his or her job when reasonable accommodation is made, the official’s career shall not, subject to the provisions of Article 5 and Chapter 4 of the present decision, be prejudiced by the disability or the fact that such accommodation is required. The Appointing Authority may, however, seek the opinion of the Medical Service, in co-operation with a specialist designated in accordance with the provisions of the Code of Good Practice for the Employment of People with Disabilities ⁽²⁾, as to whether the official can still perform the essential functions of his or her job when reasonable accommodation is made.

Article 5

The opinion referred to in Article 4 shall be obtained prior to any decision constituting an Invalidity Committee under Article 78 of the Staff Regulations, regarding the question of the official’s total permanent invalidity.

Article 6

Where an official with a disability can perform the essential functions of the job when reasonable accommodation is made, the official’s career shall not be prejudiced by the disability itself, or the fact that accommodation is required.

CHAPTER THREE: REASONABLE ACCOMMODATION

Article 7

Where the question of the provision of reasonable accommodation arises under Article 3 or 4, the Medical Service shall, in co-operation with a specialist designated in accordance with the provisions of the Code of Good Practice for the Employment of People with Disabilities (2), examine whether it is possible to provide reasonable accommodation and, if so, specify the type(s) of accommodation required.

Article 8

Reasonable accommodation may involve the re-arrangement of duties or responsibilities, the provision of technical aids and/or other adjustments to the duties in question or to the working environment. These necessary changes should be made to facilitate the person’s employment.

Reasonable accommodation can include, inter alia,

• making existing facilities, already in use by employees, readily accessible to and usable by people with disabilities,
   
• job re-structuring,
   
• provision of assistance,
   
• part-time working or modified work schedules,
   
• acquisition or modification of devices,
   
• adjustment of training materials,
   
• altering policies or practices.

Article 9

In facilitating a person with a disability in the performance of the essential elements of a job, a stringent standard shall be adopted in favour of providing reasonable accommodation.

Article 10

It shall be for the Appointing Authority to determine if the accommodation required constitutes an undue burden as set out in Chapter 4 of the present decision.

CHAPTER FOUR: UNDUE BURDEN

Article 11

The Appointing Authority may make a reasoned decision under Chapter 1 or 2 of the present decision to the effect that providing reasonable accommodation would impose an undue burden on the resources of the institution.

Article 12

For reasonable accommodation to impose an undue burden on the institution, the costs of providing it are such that they are more than the institution can reasonably be expected to bear.

Article 13

For the purpose of assessing whether the provision of reasonable accommodation imposes an undue burden, the following considerations, inter alia, shall be taken into consideration:

• the type and cost of the accommodation,
   
• the cost of making the accommodation, relative to the average overhead costs for each member of staff,
   
• the cost of making the accommodation, relative to the available budget,
   
• the number of people in the particular area who require accommodation,
   
• the health and safety needs of all staff.

CHAPTER FIVE: REQUESTS

Article 14

A person to whom Article 3 or 4 applies, or a representative on his/her behalf, may make a written request to the Appointing Authority for reasonable accommodation to be provided. However, the lodging of such a request shall not be a condition of the provision of such accommodation.

Article 15

The Appointing Authority shall reply to a request made under Article 14 hereof with all due diligence.

Article 16

The Appointing Authority shall make decisions on requests for reasonable accommodation on a case by case basis, having regard inter alia to Articles 8 and 13.

CHAPTER SIX: ENTRY INTO FORCE

Article 17

The present decision shall enter into force on 1 May 2004.

Done at Brussels, 7.4.2004.

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Footnotes
⁽¹⁾ OJ L 56, 4.3.1968, p. 1. Regulation as last amended by Regulation.(EC, Euratom) No 723/2004 (OJ L 124, 27.4.2004, p. 1).
⁽²⁾ C(2003) 4362 of 25/11/2003.