Explanatory Memorandum to COM(2006)407-2 - Amendment of Regulation (EEC, Euratom, ECSC) n°495/77 determining the categories of officials entitled to, and the conditions for and rates of, allowances for regular standby duty - Main contents
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| dossier | COM(2006)407-2 - Amendment of Regulation (EEC, Euratom, ECSC) n°495/77 determining the categories of officials entitled to, and the ... |
|---|---|
| source | COM(2006)407  |
| date | 19-07-2006 |
Grounds for and objectives of the proposal Need for extended services hours for certain groups of personnel of the European Institutions. Commitment of the Commission to present a report to the Council on the use of Regulations 300/76 (shift work), 495/77 (standby duty) and 1799/72 (arduous working conditions) and, if necessary, to make modification proposals.
General context Council Regulation 300/76 of 9 February 1976 limits shift work allowance under the operating appropriations to personnel employed in a computer centre, a security department, a telex service or involved in the dispatch of the Official Journal of the EC. This exhaustive list does not allow to cover other services for which a confirmed and obvious need for extended service hours equally exists: Technical help desks, telephone switchboards, reception desks in buildings, and others.
Existing provisions in the area of the proposal Council Regulation 300/76 of 9 February 1976 determining the categories of officials entitled to allowances for shift work, and the rates and conditions thereof, last modified by Council Regulation 860/2004 of 29 April 2004.
Consistency with other policies and objectives of the Union Not applicable.
CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT
Consultation of interested parties Measure concerning personnel of EU institutions only.
Collection and use of expertise
There was no need for external expertise.
Impact assessment No alternatives - besides the option not to offer such extended service hours. Marginal social and economic, no environmental impact.
Contents
Summary of the proposed action Grant access to shift work allowance to other services of the European institutions having a confirmed need for extended or continuous working hours.
Legal basis Article 56a of the Staff Regulations of Officials and the Conditions of Employment of other servants of the European Communities laid down in Regulation (EEC, Euratom, ECSC) no 259/68 of 29 February 1968, last amended by Regulation (EC, Euratom) No 31/2005 of 20 December 2004, stating: 'Acting on a proposal from the Commission submitted after consulting the Staff Regulations Committee, the Council shall determine the categories of officials entitled to such allowances, and the rates and conditions thereof.'.
Subsidiarity principle The proposal concerns an area that falls within the exclusive competence of the Community. The principle of subsidiarity therefore does not apply.
Proportionality principle Extension of an existing measure to other services.
Choice of instruments
Proposed instrument: regulation.
Other instruments would have been inappropriate for the following reasons: Modification of an existing Council Regulation.
An estimated 30 persons for two shift work: 30 persons x 12 months x 337 € = 121 300 € (Commission figures)
1. Proposal for a
COUNCIL REGULATION (EC, EURATOM)
Amending Regulation (ECSC, EEC, Euratom) n° 300/76 determining the categories of officials entitled to allowances for shift work, and the rates and conditions thereof
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to the Staff Regulations of Officials and the Conditions of Employment of other servants of the European Communities laid down in Regulation (EEC, Euratom, ECSC) n° 259/68 i, as last amended by Regulation (EC, Euratom) n° 31/2005 i, and in particular the second paragraph of Article 56a of the Staff Regulations,
Having regard to the proposal from the Commission submitted after consulting the Staff Regulations Committee,
Whereas:
Council Regulation (ECSC, EEC, Euratom,) n° 300/76 i should be amended in order to adapt it to the changing need for shift work within the European institutions,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (ECSC, EEC, Euratom,) n° 300/76 is hereby amended as follows:
The introductory phrase of the first subparagraph of Article 1 i is replaced by the following:
“An official paid from research and investment appropriations and employed in an establishment of the Joint Research Centre or in indirect action, or paid from operating appropriations and employed in an information and communication technology (ICT) services department, a security department, a telephone switchboard/information service, in another service having a confirmed and documented need for extended or continuous working hours, or involved in the dispatch of the Official Journal of the European Union, who is engaged in shift work within the meaning of Article 56a of the Staff Regulations, shall be entitled to an allowance of:”
Article 2
The last sentence of Article 1 i is deleted.
Article 3
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union .
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,
For the Council
The President
LEGISLATIVE FINANCIAL STATEMENT
1. NAME OF THE PROPOSAL:
Council Regulation (EC, EURATOM) no …/2006 of ….. 2006, amending Council Regulation 300/76 of 9 February 1976 determining the categories of officials entitled to allowances for shift work, and the rates and conditions thereof.
2. ABM/ABB (ACTIVITY-BASED MANAGEMENT/ACTIVITY-BASED BUDGETING) FRAMEWORK
Policy Area(s) concerned and associated Activity/Activities:
Potentially all policy areas.
3. BUDGET LINES
3.1. Budget lines (operational lines and related technical and administrative assistance lines (ex- B.A lines)) including headings :
XX.01.01.01 (Commission)
Chapter 11 (other institutions)
3.2. Duration of the action and of the financial impact:
Unlimited.
3.3. Budgetary characteristics (add rows if necessary):
Budget line Type of expenditure New EFTA contribution Contributions from applicant countries Heading in financial perspective
XX.01.01.01 Ch. Non-comp Non-diff i NO NO NO No [5]
4. SUMMARY OF RESOURCES
4.1. Financial Resources
4.1.1. Summary of commitment appropriations (CA) and payment appropriations (PA)
Expenditure type Section no. Year n n + n + n + n + n + 5 and later Total
Operational expenditure[5]
Commitment Appropriations (CA) 8. a
Payment Appropriations (PA) b
Administrative expenditure within reference amount[6]
Technical & administrative assistance (NDA) 8.2. c
TOTAL REFERENCE AMOUNT
Commitment Appropriations a+c
Payment Appropriations b+c
Administrative expenditure not included in reference amount[7]
Human resources and associated expenditure (NDA) 8.2. d Com: 0.12 Others: 0. 0.12 0. 0.12 0. 0.12 0. 0.12 0. 0.12 0. n.a.
Administrative costs, other than human resources and associated costs, not included in reference amount (NDA) 8.2. e
Total indicative financial cost of intervention
TOTAL CA including cost of Human Resources a+c+d+e Com: 0.12 Others: 0. 0.12 0. 0.12 0. 0.12 0. 0.12 0. 0.12 0. n.a.
TOTAL PA including cost of Human Resources b+c+d+e Com: 0.12 Others: 0. 0.12 0. 0.12 0. 0.12 0. 0.12 0. 0.12 0. n.a.
Co-financing details
If the proposal involves co-financing by Member States, or other bodies (please specify which), an estimate of the level of this co-financing should be indicated in the table below (additional lines may be added if different bodies are foreseen for the provision of the co-financing):
4.1.2. Compatibility with financial programming
X Proposal is compatible with existing financial programming.
Proposal will entail reprogramming of the relevant heading in the financial perspective.
Proposal may require application of the provisions of the Interinstitutional Agreement[8] (i.e. flexibility instrument or revision of the financial perspective).
4.1.3. Financial impact on revenue
X Proposal has no financial impact on revenue
Financial impact - the effect on revenue is as follows:
Note: All details and observations relating to the method of calculating the effect on revenue should be shown in a separate annex.
4.2. Human Resources FTE (including officials, temporary and external staff) - see detail under point 8.2.1.
5. CHARACTERISTICS AND OBJECTIVES
Details of the context of the proposal are required in the Explanatory Memorandum. This section of the Legislative Financial Statement should include the following specific complementary information:
5.1. Need to be met in the short or long term
The proposal aims at meeting the need for extended working hours in certain services.
5.2. Value-added of Community involvement and coherence of the proposal with other financial instruments and possible synergy
Not applicable.
5.3. Objectives, expected results and related indicators of the proposal in the context of the ABM framework
Not applicable.
5.4. Method of implementation (indicative)
Show below the method(s) i chosen for the implementation of the action.
X Centralised management
X directly by the Commission: PMO
- ( indirectly by delegation to:
- ( executive agencies
- ( bodies set up by the Communities as referred to in Article 185 of the Financial Regulation
- ( national public-sector bodies/bodies with public-service mission
Shared or decentralised management
- ( with Member States
- ( with third countries
Joint management with international organisations (please specify)
Relevant comments:
6. MONITORING AND EVALUATION
6.1. Monitoring system
Not applicable.
6.2. Evaluation
6.2.1. Ex-ante evaluation
Not applicable.
6.2.2. Measures taken following an intermediate/ex-post evaluation (lessons learned from similar experiences in the past)
Not applicable.
6.2.3. Terms and frequency of future evaluations
Not applicable.
7. ANTI-FRAUD MEASURES
Installation of shift work in Commission services only with approval of DG Admin, plus internal control in DG Admin based on PMO data.
8. DETAILS OF RESOURCES
8.1. Objectives of the proposal in terms of their financial cost: not applicable
8.2. Administrative expenditure
8.2.1. Number and type of human resources: not applicable
8.2.2. Description of tasks deriving from the action
Included in the current management of these working conditions.
8.2.3. Sources of human resources (staff covered by the Staff Regulations)
(When more than one source is stated, please indicate the number of posts originating from each of the sources)
- ( Posts currently allocated to the management of the programme to be replaced or extended
- ( Posts pre-allocated within the APS/PDB exercise for year n
- ( Posts to be requested in the next APS/PDB procedure
- ( Posts to be redeployed using existing resources within the managing service (internal redeployment)
- ( Posts required for year n although not foreseen in the APS/PDB exercise of the year in question
8.2.4. Other administrative expenditure included in reference amount (XX 01 04/05 – Expenditure on administrative management)
8.2.5. Financial cost of human resources and associated costs not included in the reference amount
Type of human resources Year n Year n+ Year n+ Year n+ Year n+ Year n+5 and later
Officials and temporary staff (XX 01 01) Com: 0.12 Others: 0. 0.12 0. 0.12 0. 0.12 0. 0.12 0. 0.12 0.
Staff financed by Art XX 01 02 (auxiliary, END, contract staff, etc.) (specify budget line) p.m. p.m. p.m. p.m. p.m. p.m.
Total cost of Human Resources and associated costs (NOT in reference amount) Com: 0.12 Others: 0. 0.12 0. 0.12 0. 0.12 0. 0.12 0. 0.12 0.
Calculation– Officials and Temporary agents
Reference should be made to Point 8.2.1, if applicable
Commission: 30 persons x 337 €/month (rate for 2-shift-work) x 12 months = 121 320 €
Other institutions: 19 persons x 337 €/month x 12 months = 76 836 €
Calculation– Staff financed under art. XX 01 02
Reference should be made to Point 8.2.1, if applicable
8.2.6. Other administrative expenditure not included in reference amount
Calculation - Other administrative expenditure not included in reference amount
EXPLANATORY MEMORANDUM
BACKGROUND TO THE PROPOSAL
Grounds for and objectives of the proposal Need for standby duty in certain services of the European Institutions. Commitment of the Commission to present a report to the Council on the use of Regulations 300/76 (shift work), 495/77 (standby duty) and 1799/72 (arduous working conditions) and, if necessary, to make modification proposals.
General context Council Regulation 495/77 of 8 March 1977 limits standby duty allowance under the operating appropriations to personnel employed to run or supervise technical installations or to work in the medical service. This exhaustive list does not always allow to cover other services for which a confirmed and obvious need for standby duty equally exists, as for example security services, or schemes like the Civil Protection mechanism or Ecurie, where the Commission has a mandate to assure a permanent service for Member States.
Existing provisions in the area of the proposal Council Regulation 495/77 of 8 March 1977 determining the categories of officials entitled to, and the conditions for and rates of, allowances for regular standby duty, last modified by Council Regulation 859/2004 of 29 April 2004.
Consistency with other policies and objectives of the Union Not applicable.
CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT
Consultation of interested parties
Measure concerning personnel of EU institutions only.
Collection and use of expertise
There was no need for external expertise.
Impact assessment No alternatives - besides the option not to offer such standby services. Marginal social and economic, no environmental impact.
Summary of the proposed action Grant access to standby duty allowance to other services of the European institutions where a confirmed need for regular standby duty exists.
Legal basis Article 56b of the Staff Regulations of Officials and the Conditions of Employment of other servants of the European Communities laid down in Regulation (EEC, Euratom, ECSC) no 259/68 of 29 February 1968, last amended by Regulation (EC, Euratom) No 31/2005 of 20 December 2004, stating: 'The Council, acting on a proposal from the Commission submitted after consulting the Staff Regulations Committee, shall determine the categories of officials entitled to such allowances, the conditions for granting the allowances and also the rates thereof.'
Subsidiarity principle The proposal concerns an area that falls within the exclusive competence of the Community. The principle of subsidiarity therefore does not apply.
Proportionality principle Extension of an existing measure to other services.
Choice of instruments
Proposed instrument: regulation.
Other instruments would have been inappropriate for the following reasons: Modification of an existing Council Regulation.
An estimated 5 new standby services (mainly standby duty at home): +/- 80 000 € (Commission figures)
2. Proposal for a
COUNCIL REGULATION (EC, EURATOM)
Amending Regulation (EEC, Euratom, ECSC) n°495/77 determining the categories of officials entitled to, and the conditions for and rates of, allowances for regular standby duty
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to the Staff Regulations of Officials and the Conditions of Employment of other servants of the European Communities laid down in Regulation (EEC, Euratom, ECSC) n° 259/68 i as last amended by Regulation (EC, Euratom) n° 31/2005 i, and in particular the second paragraph of Article 56b of the Staff Regulations,
Having regard to the proposal from the Commission submitted after consulting the Staff Regulations Committee,
Whereas:
Council Regulation (EEC, Euratom, ECSC) n° 495/77 i should be amended in order to adapt it to the changing need for regular standby services within the European institutions,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC, Euratom, ECSC) n° 495/77 is hereby amended as follows:
1) The first subparagraph of Article 1 i is replaced by the following:
“Officials paid from appropriations in the research and investment budget and employed in an establishment of the Joint Research Centre or on indirect action, or paid from appropriations in the operating budget and employed to run or supervise technical installations or to work in a security department or in an information and communication technology (ICT) services department, shall be entitled to an allowance when they are regularly required to carry out standby duty in accordance with Article 56b of the Staff Regulation.
In specific cases the institution may also grant this allowance to persons employed in services others than those mentioned above, under the condition that there is a confirmed necessity for such regular standby services, and in particular where this is the result of a mandate in order to assure a permanent service for Member States.”
2) Article 3 is replaced by the following:
“In April each year, the Commission shall submit to the Council a report on the number of officials and servants in each category who have received the allowance referred to in this Regulation, with special reference to the cases where the allowance has been granted under the provisions of the second subparagraph of article1 (1)”.
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,
For the Council
The President
LEGISLATIVE FINANCIAL STATEMENT
1. NAME OF THE PROPOSAL :
Council Regulation (EC, EURATOM) no …/2006 of ….. 2006, amending Council Regulation 495/77 of 8 March 1977 determining the categories of officials entitled to, and the conditions for and rates of, allowances for regular standby duty.
2. ABM/ABB (ACTIVITY-BASED MANAGEMENT/ACTIVITY-BASED BUDGETING) FRAMEWORK
Policy Area(s) concerned and associated Activity/Activities:
Potentially all policy areas.
3. BUDGET LINES
3.1. Budget lines (operational lines and related technical and administrative assistance lines (ex- B.A lines)) including headings:
XX.01.01.01 (Commission)
Chapter 11 (other institutions)
3.2. Duration of the action and of the financial impact:
Unlimited.
3.3. Budgetary characteristics (add rows if necessary) :
Budget line Type of expenditure New EFTA contribution Contributions from applicant countries Heading in financial perspective
XX.01.01.01 Ch. Non-comp Non-diff i NO NO NO N°
4. SUMMARY OF RESOURCES
4.1. Financial Resources
4.1.1. Summary of commitment appropriations (CA) and payment appropriations (PA)
EUR million (to 3 decimal places)
Expenditure type Section no. Year n n + n + n + n + n + 5 and later Total
Operational expenditure i
Commitment Appropriations (CA) 8. a
Payment Appropriations (PA) b
Administrative expenditure within reference amount i
Technical & administrative assistance (NDA) 8.2. c
TOTAL REFERENCE AMOUNT
Commitment Appropriations a+c
Payment Appropriations b+c
Administrative expenditure not included in reference amount i
Human resources and associated expenditure (NDA) 8.2. d Com: 0.08 Others: 0. 0.08 0. 0.08 0. 0.08 0. 0.08 0. 0.08 0. n.a.
Administrative costs, other than human resources and associated costs, not included in reference amount (NDA) 8.2. e
Total indicative financial cost of intervention
TOTAL CA including cost of Human Resources a+c+d+e Com: 0.08 Others: 0. 0.08 0. 0.08 0. 0.08 0. 0.08 0. 0.08 0. n.a.
TOTAL PA including cost of Human Resources b+c+d+e Com: 0.08 Others: 0. 0.08 0. 0.08 0. 0.08 0. 0.08 0. 0.08 0. n.a.
Co-financing details
If the proposal involves co-financing by Member States, or other bodies (please specify which), an estimate of the level of this co-financing should be indicated in the table below (additional lines may be added if different bodies are foreseen for the provision of the co-financing):
4.1.2. Compatibility with financial programming
X Proposal is compatible with existing financial programming.
Proposal will entail reprogramming of the relevant heading in the financial perspective.
Proposal may require application of the provisions of the Interinstitutional Agreement i (i.e. flexibility instrument or revision of the financial perspective).
4.1.3. Financial impact on revenue
X Proposal has no financial impact on revenue
Financial impact - the effect on revenue is as follows:
Note: All details and observations relating to the method of calculating the effect on revenue should be shown in a separate annex.
4.2. Human Resources FTE (including officials, temporary and external staff) - see detail under point 8.2.1.
5. CHARACTERISTICS AND OBJECTIVES
Details of the context of the proposal are required in the Explanatory Memorandum. This section of the Legislative Financial Statement should include the following specific complementary information:
5.1. Need to be met in the short or long term
The proposal aims at meeting the increased need for permanent availability (regular standby service) of personnel in certain services.
5.2. Value-added of Community involvement and coherence of the proposal with other financial instruments and possible synergy
Not applicable.
5.3. Objectives, expected results and related indicators of the proposal in the context of the ABM framework
Not applicable.
5.4. Method of implementation (indicative)
Show below the method(s) i chosen for the implementation of the action.
X Centralised management
X directly by the Commission: PMO
- ( indirectly by delegation to:
- ( executive agencies
- ( bodies set up by the Communities as referred to in Article 185 of the Financial Regulation
- ( national public-sector bodies/bodies with public-service mission
Shared or decentralised management
- ( with Member States
- ( with third countries
Joint management with international organisations (please specify)
Relevant comments:
6. MONITORING AND EVALUATION
6.1. Monitoring system
Annual report from Commission to Council.
6.2. Evaluation
6.2.1. Ex-ante evaluation
Not applicable.
6.2.2. Measures taken following an intermediate/ex-post evaluation (lessons learned from similar experiences in the past)
Not applicable.
6.2.3. Terms and frequency of future evaluations
Not applicable.
7. ANTI-FRAUD MEASURES
Installation of regular standby duty in Commission services only with approval of DG Admin. Individual monthly declaration, signed by hierarchy.
8. DETAILS OF RESOURCES
8.1. Objectives of the proposal in terms of their financial cost: not applicable
8.2. Administrative expenditure
8.2.1. Number and type of human resources:
8.2.2. Description of tasks deriving from the action
Included in the current management of these working conditions.
8.2.3. Sources of human resources (staff covered by the Staff Regulations)
(When more than one source is stated, please indicate the number of posts originating from each of the sources)
- ( Posts currently allocated to the management of the programme to be replaced or extended
- ( Posts pre-allocated within the APS/PDB exercise for year n
- ( Posts to be requested in the next APS/PDB procedure
- ( Posts to be redeployed using existing resources within the managing service (internal redeployment)
- ( Posts required for year n although not foreseen in the APS/PDB exercise of the year in question
8.2.4. Other administrative expenditure included in reference amount (XX 01 04/05 – Expenditure on administrative management)
8.2.5. Financial cost of human resources and associated costs not included in the reference amount
EUR million (to 3 decimal places)
Type of human resources Year n Year n+ Year n+ Year n+ Year n+ Year n+5 and later
Officials and temporary staff (XX 01 01) Com: 0.08 Others: 0. 0.08 0. 0.08 0. 0.08 0. 0.08 0. 0.08 0.
Staff financed by Art XX 01 02 (auxiliary, END, contract staff, etc.) (specify budget line) p.m. p.m. p.m. p.m. p.m. p.m.
Total cost of Human Resources and associated costs (NOT in reference amount) Com: 0.08 Others: 0. 0.08 0. 0.08 0. 0.08 0. 0.08 0. 0.08 0.
Calculation– Officials and Temporary agents
Reference should be made to Point 8.2.1, if applicable
Commission: Estimated 5 new standby services x 15 923 € = 79 615 €
Other institutions: Estimated 3 new standby services x 15 923 € = 47 769 €
Cost per standby service and year:
a) standby duty at home
15 hrs/day x 5 days x 52 weeks x 2.15 pts/hr x 0.75 €/pt 6 289 €
24 hrs/day x 2 days x 52 weeks x 4.3 pts/hr x 0.75 €/pt 8 050 €
b) standby duty at place of work (supposed: 8 hrs/month during weekend)
8 hrs/month x 12 months x 22 pts x 0.75 €/pt 1 584 €
_____
15 923 €
Calculation– Staff financed under art. XX 01 02
Reference should be made to Point 8.2.1, if applicable
8.2.6. Other administrative expenditure not included in reference amount
Calculation - Other administrative expenditure not included in reference amount
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*0ÀExpenditure that does not fall under Chapter xx 01 of the Title xx concerned.
“Relevant comments” section of this point.
“Relevant comments” section of this point.