Annexes to COM(2008)786 - Voorstel voor een verordening van de Raad houdende wijziging van de Regeling welke van toepassing is op de andere personeelsleden van de Europese Gemeenschappen

Please note

This page contains a limited version of this dossier in the EU Monitor.

dossier COM(2008)786 - Voorstel voor een verordening van de Raad houdende wijziging van de Regeling welke van toepassing is op de andere ...
document COM(2008)786 EN
date February 23, 2009
ANNEX

The Conditions of Employment of other servants of the European Communities are hereby amended as follows:

1.in Article 1, the following indent shall be inserted after ‘— special advisers,’:

‘—accredited parliamentary assistants.’;

2.the following Article shall be inserted after Article 5:

‘Article 5a

For the purposes of these Conditions of employment, “accredited parliamentary assistants” means persons chosen by one or more Members and engaged by way of direct contract by the European Parliament to provide direct assistance, in the premises of the European Parliament at one of its three places of work, to the Member or Members in the exercise of their functions as Members of the European Parliament, under their direction and authority and in a relationship of mutual trust deriving from the freedom of choice referred to in Article 21 of Decision 2005/684/EC, Euratom of the European Parliament of 28 September 2005 adopting the Statute for Members of the European Parliament (1).

3.Titles VII and VIII with Articles 125 to 127 become Titles VIII and IX with Articles 140 to 142. A new Title VII shall be inserted:

‘TITLE VII

PARLIAMENTARY ASSISTANTS

CHAPTER 1

General provisions

Article 125

1. The European Parliament shall adopt implementing measures by internal decision for the purposes of the application of this Title.

2. Accredited parliamentary assistants shall not be assigned to a post included in the list of posts appended to the section of the budget relating to the European Parliament. Their remuneration shall be financed under the appropriate budget heading and they shall be paid from the appropriations allocated to the section of the budget relating to the European Parliament.

Article 126

1. The accredited parliamentary assistant shall be classified by grade in accordance with the indication given by the Member or Members whom the assistant will support, in accordance with the implementing measures referred to in Article 125(1). In order to be classified in grades 14 to 19, as set out in Article 133, accredited parliamentary assistants shall be required, as a minimum, to have a university degree or equivalent professional experience.

2. Article 1e of the Staff Regulations, on measures of a social nature and working conditions, shall apply by analogy, provided that such measures are compatible with the particular nature of the tasks and responsibilities taken on by accredited parliamentary assistants.

By way of derogation from Article 7, the arrangements relating to the autonomous representation of accredited parliamentary assistants shall be laid down by the implementing measures referred to in Article 125(1) taking into account that a formal link shall be established between the statutory representation of staff and the autonomous representation of assistants.

CHAPTER 2

Rights and obligations

Article 127

Articles 11 to 26a of the Staff Regulations shall apply by analogy. Having strict regard, in particular, to the specific nature of the functions and duties of accredited parliamentary assistants and the mutual trust which has to characterise the working relationship between them and the Member or Members of the European Parliament whom they assist, the implementing measures relating to this area, adopted pursuant to Article 125(1), shall take account of the specific nature of the working relationship between Members and their accredited parliamentary assistants.

CHAPTER 3

Conditions of engagement

Article 128

1. Article 1d of the Staff Regulations shall apply by analogy, taking into account the relationship of mutual trust between the Member of the European Parliament and his accredited parliamentary assistant or assistants, it being understood that Members of the European Parliament may base their selection of accredited parliamentary assistants also on political affinity.

2. An accredited parliamentary assistant shall be selected by the Member or Members of the European Parliament whom he is to assist. Without prejudice to any additional requirements which may be laid down in the implementing measures referred to in Article 125(1), the assistant may be engaged only on condition that he:

(a)is a national of one of the Member States of the Communities, unless an exception is authorised by the authority referred to in the first paragraph of Article 6, and enjoys his full rights as a citizen;

(b)has fulfilled any obligations imposed on him by the laws concerning military service;

(c)produces the appropriate character references as to his suitability for the performance of his duties;

(d)is physically fit to perform his duties;

(e)has a thorough knowledge of one of the languages of the Community and a satisfactory knowledge of another Community language to the extent necessary for the performance of his duties; and

(f)has completed:

(i)a level of post-secondary education attested by a diploma;

(ii)a level of secondary education attested by a diploma giving access to post-secondary education, and appropriate professional experience of at least three years; or

(iii)where justified in the interest of the service, professional training or professional experience of an equivalent level.

Article 129

1. An accredited parliamentary assistant shall provide evidence of physical fitness to the European Parliament′s medical service in order that the European Parliament may be satisfied that he fulfils the requirements of Article 128(2)(d).

2. Where a negative medical opinion is given as a result of the medical examination provided for in paragraph 1, the candidate may, within 20 days of being notified of this opinion by the institution, request that his case be submitted for the opinion of a medical committee composed of three doctors chosen by the authority referred to in the first paragraph of Article 6 from among the institutions' medical officers. The medical officer responsible for the initial negative opinion shall be heard by the medical committee. The candidate may refer the opinion of a doctor of his choice to the medical committee. Where the opinion of the medical committee confirms the conclusions of the medical examination provided for in paragraph 1, the candidate shall pay 50 % of the fees and of the incidental costs.

Article 130

1. The contracts of accredited parliamentary assistants shall be concluded for a fixed period and shall specify the grade in which the assistant is classified. A contract shall not be extended more than twice during a parliamentary term. Unless otherwise specified in the contract itself and without prejudice to Article 139(1)(c), the contract shall terminate at the end of the parliamentary term during which it was concluded.

2. The implementing measures referred to in Article 125(1) shall set out a transparent framework for classification taking account of Article 128(2)(f).

3. Where an accredited parliamentary assistant concludes a new contract, a new decision concerning his grading shall be taken.

CHAPTER 4

Working conditions

Article 131

1. Accredited parliamentary assistants shall be engaged to perform either part-time or full-time duties.

2. The weekly working hours of an accredited parliamentary assistant shall be set by the Member, but in normal circumstances may not exceed 42 hours per week.

3. Accredited parliamentary assistants may not be required to work overtime except in the event of an emergency or exceptional workload. Article 56, first subparagraph, of the Staff Regulations shall apply by analogy. The implementing measures referred to in Article 125(1) may lay down rules in this regard.

4. However, overtime worked by accredited parliamentary assistants shall carry no right to compensation or remuneration.

5. Articles 42a, 42b, 55a and 57 to 61 of the Staff Regulations (leave, hours of work and public holidays) and Articles 16(2) to (4) and Article 18 of the present Conditions of employment shall apply by analogy. Special leave, parental leave and family leave shall not extend beyond the term of the contract.

CHAPTER 5

Remuneration and expenses

Article 132

Save as otherwise provided in Articles 133 and 134, Article 19, Article 20(1) to (3) and Article 21 of these Conditions of employment and Article 16 of Annex VII to the Staff Regulations (remuneration and expenses) shall apply by analogy. The arrangements for reimbursement of mission expenses shall be laid down in the implementing measures referred to in Article 125(1).

Article 133

The scale of basic salaries shall be as provided for in the following table:

Grade1234567
Full-time basic salary1 619,171 886,332 045,182 217,412 404,142 606,592 826,09
Grade891011121314
Full-time basic salary3 064,083 322,113 601,873 905,184 234,044 590,594 977,17
Grade1516171819
Full-time basic salary5 396,305 850,736 343,426 877,617 456,78

Article 134

By way of derogation from the last subparagraph of Article 4(1) of Annex VII to the Staff Regulations, the expatriation allowance shall not be less than EUR 350.

CHAPTER 6

Social security benefits

Article 135

Save as otherwise provided in Article 136, Articles 95 to 115 (social security) shall apply by analogy.

Article 136

1. By way of derogation from the second subparagraph of Article 96(3) and without prejudice to the other provisions of that Article, the amounts calculated under that provision may neither be less than EUR 850 nor exceed EUR 2 000.

2. By way of derogation from Articles 77 and 80 of the Staff Regulations and Articles 101 and 105 of these Conditions of employment, the minimum amounts used for the purpose of calculating pension and invalidity benefits shall correspond to the basic salary of an accredited parliamentary assistant in grade 1.

3. Article 112 shall only apply to contracts concluded for a period not exceeding one year.

CHAPTER 7

Recovery of undue payment

Article 137

The provisions of Article 85 of the Staff Regulations on the recovery of undue payment shall apply mutatis mutandis.

CHAPTER 8

Appeals

Article 138

The provisions of Title VII of the Staff Regulations on appeals shall apply by analogy. The implementing measures referred to in Article 125(1) may lay down complementary rules on the internal procedures.

CHAPTER 9

Termination of employment

Article 139

1. Apart from cessation on death, the employment of the accredited parliamentary assistant shall cease:

(a)on the date stated in the contract as provided for in Article 130(1);

(b)at the end of the month in which the accredited parliamentary assistant reaches the age of 65;

(c)in the case of an assistant engaged to assist only one Member of the European Parliament pursuant to Article 128(2), at the end of the month in which that Member's term of office ends, whether by death or resignation or for any other reason;

(d)taking into account the fact that trust is the basis of the working relationship between the Member and his accredited parliamentary assistant, at the end of the period of notice specified in the contract, which shall give the accredited parliamentary assistant or the European Parliament, acting at the request of the Member or Members of the European Parliament whom the accredited parliamentary assistant was taken on to assist, the right to terminate the contract before its expiry. The period of notice shall not be less than one month per year of service, subject to a minimum of one month and a maximum of three months. The period of notice shall not, however, start to run during maternity leave or sick leave, provided such sick leave does not exceed three months. It shall, moreover, be suspended during maternity or sick leave subject to these limits;

(e)where the accredited parliamentary assistant no longer satisfies the conditions laid down in Article 128(2)(a), subject to any authorisation of an exception pursuant to that provision. Should an exception not be authorised, the period of notice referred to in point (d) shall apply.

2. Where the contract ceases pursuant to paragraph 1(c), the accredited parliamentary assistant shall be entitled to compensation equal to one third of his basic salary for the period between the date when his duties end and the date when his contract expires, subject however to a maximum of three months' basic salary.

3. Without prejudice to Articles 48 and 50 which are applicable by analogy, the employment of an accredited parliamentary assistant may be terminated without notice in serious cases of failure to comply with his obligations, whether intentionally or through negligence on his part. A reasoned decision shall be taken by the authority referred to in the first paragraph of Article 6, after the person concerned has had an opportunity to submit his defence.

Specific provisions relating to the disciplinary procedure shall be laid down in the implementing measures referred to in Article 125(1).

4. Periods of employment as an accredited parliamentary assistant shall not be regarded as constituting “years of service” for the purposes of Article 29(3) and (4) of the Staff Regulations.’;

4.in Article 126, the words ‘subject to Article 127’ shall be replaced by the words ‘subject to Article 142’.


(1) OJ L 262, 7.10.2005, p. 1.’;