N° 88-2004 / 01.07.2004

Brussels, 28.4.2004
C(2004) 1613

COMMISSION DECISION

on transitional measures required by the revision of the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities

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 of the Council(1),
Whereas:

  1. Following the amendment of the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities, adopted by the Council on 22 March 2004, the implementing provisions need to be amended accordingly. However, it has proved impossible to complete the procedures for adopting all the implementing provisions concerned by 1 May 2004, the date on which the revised Staff Regulations and Conditions of Employment enter into force.
     
  2. It is therefore necessary to adopt transitional measures in order to ensure that the new rules are fully implemented from 1 May 2004 onwards. Those measures will apply for a limited period until the revised versions of the respective implementing provisions enter into force,

HAS ADOPTED THIS DECISION:

Article 1

From 1 May 2004 until entry into force of the new version of Regulation (EEC) No 1799/72 of the Council of 18 August 1972 determining the rates and conditions of the special allowances provided for in Article 100 of the Staff Regulations which may be granted to compensate for particularly arduous working conditions(2) , that Regulation shall be applied by the Commission with the following changes:

  1. The Regulation shall apply to all officials of the European Communities and, by analogy, to temporary, auxiliary and contract staff, provided that those officials and other servants are in service at the Commission.
     
  2. The reference in Article 2 of the Regulation to the basic salary of an official in Grade D 4, first step, shall be construed as referring to an amount of EUR 2 192.47.

Article 2

From 1 May 2004 until entry into force of the new version of Council Regulation (ECSC, EEC, Euratom) No 300/76 of 9 February 1976 determining the categories of officials entitled to allowances for shiftwork, and the rates and conditions thereof(3) , that Regulation shall be applied by the Commission with the following change:

The Regulation shall also apply to Commission contract staff.

Article 3

From 1 May 2004 until entry into force of the new version of Council Regulation (EEC, Euratom, ECSC) No 495/77 of 8 March 1977 determining the categories of officials entitled to, and the conditions for and rates of, allowances for regular stand-by duty(4) , that Regulation shall be applied by the Commission with the following changes:

  1. The Regulation shall also apply to contract staff in service at the Commission.
     
  2. The reference in Article 1(a) of the Regulation to the basic salary of an official in Grade D 4, first step, shall be construed as referring to an amount of EUR 2 192.47.

Article 4

From 1 May 2004 until entry into force of the new version of the Common Rules on sickness insurance for officials of the European Communities, those Rules shall be applied by the Commission in its management of the joint sickness insurance scheme with the following changes, whichever institution the member belongs to:

  1. Membership of the Sickness insurance scheme shall also include:
     
    • contract staff;
       
    • former contract staff qualifying for a retirement pension, provided that they were employed as contract staff for more than three years;
       
    • contract staff on leave on personal grounds, at their request and provided that they do not undertake any gainful professional activity.
       
  2. Articles 5 and 7 of the Rules shall also apply to contract staff.
     
  3. An unmarried partner shall be treated in the same way as a spouse, provided that the first three conditions stipulated in Article 1(2)(c) of Annex VII to the Staff Regulations are met.

Article 5

From 1 May 2004 until entry into force of the new version of the Common Rules on the insurance of officials of the European Communities against the risk of accident and of occupational disease, those Rules shall be applied by the Commission with the following change:

The Rules shall also apply to contract staff of all the institutions.

Article 6

From 1 May 2004 until entry into force of the new version of the Common Rules on the transfer of part of the emoluments of officials of the European Communities, the Commission shall apply the following rules to the transfer of part of emoluments by officials and other servants in service at the Commission:

  1. Under Article 17(2) of Annex VII to the Staff Regulations, the following shall be regarded as expenditure justifying the transfer of part of the emoluments of officials of the European Communities:

    Education expenses for children eligible for the dependent child allowance within the meaning of the Staff Regulations:

    Once the education allowance is paid, officials may transfer an amount not exceeding the amount of that allowance. They shall renew their transfer application annually during the month of October of the current academic year. Transfers shall not be continued beyond the month of October of the current year where officials have not submitted an application for the education allowance in respect of the child justifying the transfer.

    In order to be eligible for such a transfer, the child cannot be attending a school in the official’s place of employment or place of residence. The transfer shall be made to an account with a bank in the country where the child is being educated. Where the child takes part in an exchange or spends a period of study at an establishment in a country other than that where the original establishment is situated, the transfer shall be suspended or shall be made to the exchange country, using the correction coefficient for that country.

    Correspondence courses shall not entitle officials to make transfers to the country in which the educational establishment is situated.

    The holder of the bank account into which the payment is made shall be the official, or the child in respect of whom the educational allowance has been granted.

    Obligations arising from a decision of the courts or a decision by the competent administrative authority:

    Family obligations justifying this type of transfer shall be those involving persons residing in the relevant Member State towards whom the official provides evidence of having an obligation by virtue of a decision of the courts or the competent administrative authority.

    The amounts shall be transferred to an account with a bank in the country of residence of the persons towards whom the official has an obligation, and the holder of that account shall be either the official or the beneficiary of the transfer.
     
  2. Applications for transfers under Article 17 of Annex VII to the Staff Regulations shall be made in writing. They shall operate for a minimum period of six months and shall be tacitly renewed for successive six-month periods, unless the official gives written notice of cancellation.

    If during that time there is a change in either the official’s remuneration or the circumstances justifying a transfer, he or she may ask for the transfer to be discontinued or altered.

    Applications for transfers and applications to alter or discontinue existing transfers shall take effect no later than the second month following submission of the application, which shall be accompanied by all the requisite documents (supporting documents and banking information).

    Applications for transfers to another country shall under no circumstances be backdated.
     
  3. The Commission shall regularly check that the conditions justifying the authorisation for a transfer are still met. In this connection, it may request that any supporting document which it considers useful be produced. It shall discontinue the transfer if it notes that the conditions providing the necessary justification are no longer met or the official fails to produce the supporting documents requested. Such checks may result in application of Article 85 of the Staff Regulations.

    Transfers in accordance with Article 17 of Annex VII shall be made only to bank accounts with financial institutions established within Community territory. Such payments shall be made in the currency of the country to which the transfer is made.

    Payments falling within the scope of these rules shall be made into a single bank account for each type of transfer and each beneficiary.
     
  4. Backdated increases in remuneration and, in particular, adjustments to remuneration following promotion, regrading or a change in family circumstances shall on no account result in amounts transferred being modified retroactively.

    Changes in the exchange rate or the correction coefficients referred to in Article 17(3) of Annex VII to the Staff Regulations shall not give rise to a backdated amendment in the exchange value of the amounts transferred.
     
  5. These rules shall apply by analogy to temporary and contract staff.
     
  6. The total amount of transfers calculated on the basis of salaries for April 2004 shall not be indexed to any salary increases which may be introduced between 1 May 2004 and 31 December 2008.

    Where that amount is calculated on the basis of several supporting documents, each shall be taken into consideration separately should any one of them no longer justify a transfer. The amount shall be reduced accordingly.

Article 7

From 1 May 2004 until entry into force of the new version of the general implementing provisions on accident insurance for the spouse, children and other persons dependent on an official of the European Communities employed in a third country, those general implementing provisions shall be applied by the Commission with the following changes:

  1. The general implementing provisions shall also apply to the spouse, children and other persons dependent on temporary or contract staff employed in a third country.
     
  2. An unmarried partner shall be treated in the same way as a spouse, provided that the first three conditions stipulated in Article 1(2)(c) of Annex VII to the Staff Regulations are met.
     
  3. The reference, in Article 12 of the general implementing provisions, to the basic salary of an official in Grade A 5, step 4, shall be construed as referring to an amount of EUR 7 624.04.

Article 8

From 1 May 2004 until entry into force of the new version of the Commission decision of 17 July 1986 on payment of overtime for Category C officials and temporary staff working in a Private Office, that decision shall be applied by the Commission to persons in service at the Commission with the following changes:

  1. The reference, in point (a) of the decision’s sole Article, to Category C officials and temporary staff shall be construed as referring to officials and temporary staff in grades C*1 to C*4 (or, from 1 May 2006, in grades AST 1 to AST 4) and to officials and temporary staff in grades C*5 to C*7 (or, from 1 May 2006, in grades AST 5 to AST 7) who, under Article 18(2) of Annex XIII to the Staff Regulations, are entitled to compensatory leave or overtime pay.
     
  2. The reference, in point (b) of the decision’s sole Article, to the average increase in the basic salaries of C 1/1, C 2/1, C 3/1, C 4/1 and C 5/1 officials shall be construed as referring to the average increase in the basic salaries of C*1/1, C*2/1, C*3/1 and C*4/1 officials (or, from 1 May 2006, to the average increase in the basic salaries of AST 1/1, AST 2/1, AST 3/1 and AST 4/1 officials).

Article 9

This Decision shall enter into force on 1 May 2004.

Done at Brussels, 28.4.2004.

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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) OJ L 192, 22.8.1972, p.1.

(3) OJ L 38, 13.2.1976, p. 1. Regulation as last amended by Regulation (EC, ECSC, Euratom) No 2461/98 (OJ L 307, 17.11.1998, p. 5).

(4) OJ L 66, 12.3.1977, p. 1.

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   Author: ADMIN B.1