DECISION OF THE DIRECTOR-GENERAL FOR PERSONNEL AND ADMINISTRATION

of 7 August 2009

Amending Commission Decision of 28 April 2004 introducing implementing provisions on leave

THE DIRECTOR-GENERAL FOR PERSONNEL AND ADMINISTRATION,

Having regard to the Staff Regulations of officials of the European Communities and the Conditions of Employment of other servants of the European Communities (CEOS) laid down by Council Regulation (EEC, Euratom, ECSC) No 259/68⁽¹⁾, and in particular Article 57 of the Staff Regulations and Annex V thereto, and Articles 16 and 91 of the CEOS,

Having regard to the Commission Decision of 28 April 2004 introducing implementing provisions on leave⁽²⁾, and in particular Article 2 thereof,

Whereas:

1. The Commission decision introducing implementing provisions on leave provides for special leave of a maximum of 12 days per year to be granted to officials or other servants who have been authorised by the Appointing Authority to hold an elected public office. Even having regard to the fact that the Appointing Authority may also adopt other measures to enable the official or other servant to hold an elected office (in particular the granting of leave on personal grounds or authorisation to work part-time), it has been found that this 12-day limitation does not take sufficient account of the particular features of certain national systems. However, special leave of over 12 days should be granted only if the authorities of the State concerned reimburse the Commission a sum corresponding to the gross remuneration, plus the Commission's social security contributions, during the period in which the official or other servant absents himself or herself from work in order to hold the elected office.
    
2. The Commission decision referred to above should therefore be amended accordingly. Pursuant to Article 2 of that Decision, the Director-General for Personnel and Administration is empowered to make all necessary limited amendments to the Annex to this Decision.

HAS DECIDED AS FOLLOWS:

Article 1

The following subparagraph shall be added to heading II.b.9 ("Holding elected public office") in the Annex to the Commission Decision introducing implementing provisions on leave:

"If the legislation of the State in question provides for reimbursement to the employer of an amount corresponding to the employee's gross remuneration plus the employer's social security contributions, during the period in which the employee absents himself or herself from work in order to hold the elected office, the Appointing Authority may grant special leave of up to 2 days (15 hours) per week instead of the above-mentioned special leave of a maximum of 12 days per year. In addition to the limitation of 12 days per year, the principles, terms and conditions laid down in this heading shall also apply in this case; however, this leave may be taken in hours rather than days or half-days."

Article 2

This Decision shall apply from 1 January 2009.

Done at Brussels on 7 August 2009

Signed
For the Commission

Director-General for Personnel and Administration

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Footnotes

⁽¹⁾ OJ L 56, 4.3.1968, p.1.
⁽²⁾ C(2004)1597.