EUROPEAN PARLIAMENT
2009 - 2014
Committee on Budgetary Control
2011/0455(COD)
20.3.2012
OPINION
of the Committee on Budgetary Control
for the Committee on Legal Affairs
on the proposal for a regulation of the European Parliament and of the Council
amending the Staff Regulations of Officials and the Conditions of Employment
of Other Servants of the European Union
(COM(2011)0890 – C7-0507/2011 – 2011/0455(COD))
Rapporteur: Ingeborg Gräßle
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United in diversity
EN
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AMENDMENTS
The Committee on Budgetary Control calls on the Committee on Legal Affairs, as the
committee responsible, to incorporate the following amendments into its report:
Amendment 1
Proposal for a regulation
Recital 2
Text proposed by the Commission
Amendment
(2) Consequently, it is necessary to provide
(2) Consequently, it is necessary to provide
a framework for the recruitment of high
a framework for the recruitment of high
calibre staff in terms of productivity and
calibre staff in terms of productivity and
integrity, drawn on the widest possible
integrity, drawn on the widest possible
geographical basis from among citizens of
geographical basis from among citizens of
the Member States, and to enable such staff
the Member States, and to enable such staff
to carry out their duties as effectively and
to carry out their duties as effectively and
efficiently as possible.
efficiently as possible. In this respect, it is
necessary to overcome the current
difficulties experienced by the institutions
in recruiting officials or staff from certain
Member States – Germany, the United
Kingdom, Austria and the Netherlands –
owing to working conditions in the
institutions being less attractive and less
competitive than in other sectors in those
Member States.
Amendment 2
Proposal for a regulation
Recital 2 a (new)
Text proposed by the Commission
Amendment
(2a) Given the very limited size of the
European civil service when measured
against the objectives of the Union and its
population, decreases in the number of
staff of the institutions and agencies of
the Union should not lead to any
impairment of the performance of their
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tasks, duties and functions in accordance
with the obligations and powers under the
Treaties. In this regard, there is a need for
greater transparency of the personnel
costs incurred by each institution and
agency with respect to all categories of
staff employed by them.
Amendment 3
Proposal for a regulation
Recital 3
Text proposed by the Commission
Amendment
(3) A broader aim should be to optimise
(3) A broader aim should be to optimise
the management of human resources in a
the management of human resources in a
European civil service characterised by
European civil service characterised by its
competence, independence, loyalty,
excellence, competence, independence,
impartiality and stability, as well as by
loyalty, impartiality and stability, as well
cultural and linguistic diversity.
as by cultural and linguistic diversity and
attractive recruitment conditions.
Amendment 4
Proposal for a regulation
Recital 13
Text proposed by the Commission
Amendment
(13) With a view to adjusting career
(13) With a view to adjusting career
structures in the current domains of AST
structures in the current domains of AST
staff even further to different levels of
staff even further to different levels of
responsibility and as an indispensable
responsibility and as an indispensable
contribution to limiting administrative
contribution to limiting administrative
expenses, a new function group ‘AST/SC’
expenses, a new function group ‘AST/SC’
for secretarial and clerical staff should be
for secretarial and clerical staff should be
introduced. Salaries and promotion rates
introduced. Salaries and promotion rates
establish a suitable correspondence
should establish a suitable correspondence
between the level of responsibility and the
between the level of responsibility and the
level of remuneration. In this way it will be
level of remuneration. In this way it will be
possible to preserve a stable and
possible to preserve a stable and
comprehensive European civil service.
comprehensive European civil service. The
Commission should assess and report on
the scale and effects of introducing this
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new function group, taking particular
account of the situation of women, so that
the preservation of a stable and
comprehensive European civil service can
be ensured.
Amendment 5
Proposal for a regulation
Recital 18
Text proposed by the Commission
Amendment
(18) Some staff members must frequently
(18) Some staff members must frequently
go on mission to the other principal places
go on mission to the other principal places
of work of their institution. These
of work of their institution. These
situations are at present not adequately
situations are at present not adequately
taken into account in the rules on missions.
taken into account in the rules on missions.
These rules should therefore be adapted, in
These rules should therefore be adapted, in
order to allow in such cases the
order to allow in such cases the
reimbursement of accommodation costs on
reimbursement of a flat-rate sum based on
the basis of a flat-rate sum.
the average local accommodation costs.
Amendment 6
Proposal for a regulation
Recital 20
Text proposed by the Commission
Amendment
(20) Transitional arrangements should be
(20) Transitional arrangements should be
provided to enable the new rules and
provided to enable the new rules and
measures to be applied gradually, whilst
measures to be applied gradually, whilst
respecting the acquired rights and
respecting the acquired rights and
legitimate expectations of the staff
legitimate expectations of the staff
employed before the entry into force of
employed before the entry into force of
these amendments to the Staff
these amended Staff Regulations.
Regulations.
Amendment 7
Proposal for a regulation
Recital 21
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Text proposed by the Commission
Amendment
(21) In the interest of simplification and of
(21) In the interest of simplification and of
a consistent staff policy, the rules adopted
a consistent staff policy, the rules adopted
by the Commission to implement the Staff
by the Commission to implement the Staff
Regulations should apply by analogy to the
Regulations should apply by analogy to the
agencies. However, in order to ensure that
agencies. However, in order to ensure that
the specific situation of agencies may, if
the specific situation of agencies may, if
necessary, be taken into account, agencies
necessary, be taken into account, agencies
should be entitled to request the
should be entitled to request the
Commission's authorisation to adopt
Commission's authorisation to adopt
implementing rules which derogate from
implementing rules which derogate from
those adopted by the Commission, or not
those adopted by the Commission.
to apply the Commission's rules at all.
Amendment 8
Proposal for a regulation
Recital 22
Text proposed by the Commission
Amendment
(22) A register of all of the rules adopted to
(22) A register of all of the rules adopted to
give effect to the Staff Regulations should
give effect to the Staff Regulations,
be set up and administered within the Court
including authorised derogations
of Justice of the European Union. This
therefrom, should be set up and
register, which can be consulted by all
administered within the Court of Justice of
institutions and agencies, will allow for
the European Union. This register, which
transparency and promote a cohesive
can be consulted by all institutions and
application of the Staff Regulations.
agencies, will allow for transparency and
promote a cohesive application of the Staff
Regulations.
Amendment 9
Proposal for a regulation
Recital 26
Text proposed by the Commission
Amendment
(26) The Commission, when preparing and
(26) The Commission, when preparing and
drawing-up delegated acts, should ensure a
drawing-up delegated acts, must ensure a
simultaneous, timely and appropriate
simultaneous, timely and appropriate
transmission of relevant documents to the
transmission of relevant documents to the
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European Parliament and Council,
European Parliament and Council,
Amendment 10
Proposal for a regulation
Article 1 – point 2 – point a
Staff Regulations of Officials of the European Union
Article 5 – paragraph 1
Text proposed by the Commission
Amendment
1. The posts covered by the Staff
1. The posts covered by the Staff
Regulations shall be classified, according
Regulations shall be classified, according
to the nature and importance of the duties
to the nature and importance of the duties
to which they relate, in an administrators'
to which they relate, in an administrators'
function group (hereinafter “AD”), an
function group (hereinafter “AD”), an
assistants' function group (hereinafter
assistants' function group (hereinafter
“AST”) and a secretaries and clerks'
“AST”) and a secretarial and clerks'
function group (hereinafter “AST/SC”).
function group (hereinafter “AST/SC”).
Amendment 11
Proposal for a regulation
Article 1 – point 5 a (new)
Staff Regulations of Officials of the European Union
Article 11a – paragraph 1
Text proposed by the Commission
Amendment
5a. Article 11a(1) shall be replaced by the
following:
'1. An official shall not, in the
performance of his duties and save as
hereinafter provided, deal with a matter
in which, directly or indirectly, he has
any personal interest such as to impair
his independence, and, in particular,
family and financial interests, or any
other conflict of interest relating inter alia
to previous employment undertaken in the
past five years. All newly appointed
officials shall be required, before starting
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to work for the institution to which they
belong, to fill in and submit a
comprehensive "declaration of interest"
form which includes information about
their previous employers and previous
clients covering at least the past five
years.
The term "conflict of interest" shall be
interpreted, in line with the definition
promoted by the OECD, as meaning a
conflict between the public duties and
private interests of an official, in which
the official has private-capacity interests
which could improperly influence the
performance of his official duties and
responsibilities. In addition, a conflict of
interest shall also be deemed to exist in
situations where former officials could
use insider knowledge, know-how,
influence and contacts gained whilst in
the service of the institutions to benefit
their own or their subsequent employers'
or clients' financial interests.';
Justification
The Staff Regulations should be strengthened with regards to the prevention and management
of conflict of interest and be less prone to interpretation. The current formulation leads to a
lack of consistency of measures implemented by the institutions in this area and sap the EU
citizens' confidence towards the EU institutions, agencies and other bodies.
Amendment 12
Proposal for a regulation
Article 1 – point 5 b (new)
Staff Regulations of Officials of the European Union
Article 12b – paragraph 1
Text proposed by the Commission
Amendment
5b. Article 12b(1) shall be replaced by the
following:
'1. Subject to Article 15, an official
wishing to engage in an outside activity,
whether paid or unpaid, or to carry out
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any assignment outside the Union, shall
first obtain the permission of the
Appointing Authority. Permission shall
be refused only if the activity or
assignment in question is such as to
interfere with the performance of the
official's duties or to call into question his
independence and loyalty to the
institution, or is incompatible with the
interests of the institution.';
Justification
Many cases of conflicts of interest and alleged conflicts of interest in the EU institutions have
been reported over the last few years. The Staff Regulations should be strengthened with
regards to the prevention and management of conflict of interest and be less prone to
interpretation.
Amendment 13
Proposal for a regulation
Article 1 – point 6 a (new)
Staff Regulations of Officials of the European Union
Article 22 c (new)
Text proposed by the Commission
Amendment
6a. The following Article shall be inserted
after Article 22b:
'Article 22c
Every institution shall put in place an
independent procedure for the handling
of complaints by officials concerning the
way in which they are treated after and/or
in consequence of the fulfilment by them
of their obligations under Article 22a
and/or Article 22b. The institution
concerned shall ensure that such
complaints are handled confidentially
within two months. If that deadline
cannot be adhered to, the institution
concerned shall inform the
complainant(s) in writing of the reasons
for the delay.
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Every institution shall lay down internal
guidelines on whistleblowing containing
inter alia rules on:
– the provision to officials referred to in
Article 22a(1) and/or Article 22b
("whistleblowers") of information on the
handling of the matters reported by them,
– the protection of the legitimate interests
of whistleblowers and of their privacy,
and
– the independent procedure for the
handling of complaints referred to in the
first paragraph of this Article.'
Those internal guidelines shall respect the
principles set out in Annex A hereto.
'Annex A
Article 1
1. Any official who, in the course of or in
connection with the performance of his
duties, becomes aware of or honestly
believes in the existence of breaches of
law, non-compliance by other officials
with obligations deriving from
fundamental ethical principles, waste
and/or risks detrimental to the interests
of the European Union shall have the
right to report the matter and to provide
supporting information to either his
immediate superior or his Director-
General, or the persons in equivalent
positions, or, if the matter concerns the
competences of the European Anti-
Fraud Office (OLAF), directly to OLAF.
Each institution must also provide a
channel of communication which allows
for the anonymous bilateral
communication of messages in
accordance with this Article.
2. Each institution shall ensure that any
official who communicates information in
accordance with paragraph 1 (a
"whistleblower") receives prompt
confirmation of receipt of that
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information and is informed within four
weeks of the approximate amount of time
needed for analysis of the matters
communicated by him, which should not
exceed six months. If that period is
exceeded, the whistleblower shall be
informed of the reasons for the need to
extend it and of the estimated total
duration. The same shall apply for every
consecutive period of three months.
3. If preliminary analysis gives reason to
believe that the matter involves areas
within the competences of OLAF, the case
shall be transferred to OLAF. The
whistleblower shall be promptly informed
of that transfer. In relation to the
whistleblower and the way in which the
whistleblowing is handled, OLAF shall
have the same obligations as the initial
recipient and his institution.
4. Each institution shall ensure that the
identity of the whistleblower is treated as
confidentially as possible. The institution
concerned, and/or OLAF, shall also be
responsible for informing the
whistleblower immediately of any
breaches of, or risks to, anonymity and
confidentiality.
5. Each institution shall ensure that each
matter reported by a whistleblower is
analysed. Analyses shall be impartial,
adequate, prompt, properly documented,
done by competent bodies and incapable
of being influenced by people accused or
suspected by the whistleblower. The
whistleblower shall have the right to be
properly informed and heard before an
analysis is completed. He shall also be
informed of the final outcome and shall
have the right to access the documents
relating thereto.
6. The procedural, privacy and data
protection rights of all persons involved,
and the secrecy needs of the institutions,
shall be respected throughout the
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processing of whistleblowing cases.
7. An official shall not suffer any
prejudice as a result of his whistleblowing
or the handling thereof by the institution
concerned, and shall be protected by that
institution against any such prejudice that
arises or could arise from acts by other
officials or third parties. If the
whistleblower suffers prejudice and a link
between that prejudice and his
whistleblowing cannot be excluded, the
institution shall be obliged to prove the
non-existence of such link.
8. Undue interference by an official in the
processing of a whistleblowing case (for
example, in the form of manipulation of
an analysis or any act causing prejudice
to a whistleblower) shall render that
official liable to a disciplinary action. An
official who abuses the whistleblowing
process shall also be liable to a
disciplinary action if it can be shown that
he had knowingly raised a false concern
or knowingly provided false information.
9. The institutions shall establish a system
of internal support providing independent
confidential counselling to potential
whistleblowers, and shall communicate
their whistleblowing policy to their staff in
a transparent and constructive manner.
Mechanisms shall be established for the
anonymous communication to
whistleblowers of measures successfully
taken in concrete cases, such as the
detection of risks, avoidance of
wrongdoing, sanctioning of wrongdoers,
avoidance of retaliation and sanctioning
of malicious whistleblowing.
10. The institutions shall monitor and
regularly evaluate the application of this
Article and shall take proactive measures
and provide risk-awareness and
whistleblowing training with a view to
promoting best practice in the application
of these provisions. A coordinated system
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for the registration, tracking and tracing
of disclosures shall be established,
without prejudice to paragraph 6.
11. This Article shall also apply in any
case in which an official exercises his
rights under Article 21a of the Staff
Regulations or where an official has a
duty to report any of the matters referred
to in paragraph 1 of this Article.
Article 2
1. A whistleblower who honestly believes
that his rights under Article 22a of the
Staff Regulations have not been respected
or that breaches of law have been
committed by officials in grade AD 14 or
above and/or by Members of his
institution or OLAF shall be entitled to
report the matter and to provide
supporting information to the President of
the Commission or, if the matter falls
within the competences of the Court of
Auditors, the President of the Court of
Auditors, or the President of the Council,
or the President of the European
Parliament, or the European
Ombudsman.
2. A whistleblower who honestly believes
that his rights under Article 22b(1) and
(3) of the Staff Regulations have not been
respected shall be entitled to report the
matter and to provide supporting
information about suspected wrongdoing
detrimental to the interests of the
European Union or suspected criminal
behaviour on the part of officials and/or
Members of his institution to any Member
of the European Parliament and, if the
matter concerns the competences of the
Court of Auditors, to that institution.
3. The rights and obligations respectively
laid down by Article 22a of the Staff
Regulations shall apply to whistleblowers
and recipients of information under
Article 22b of the Staff Regulations. Such
a recipient shall have the right to question
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any previously involved recipient of
information and/or institution previously
involved in the matter about the way in
which the whistleblowing ha been
handled and shall be provided with the
necessary information enabling him to
analyse the matter.
4. Where Union legislation confers on
other bodies outside the Union institutions
the necessary competences to
confidentially assess matters (within the
institutions) that could be the subject of
disclosures by officials, officials may also
address those bodies under the conditions
laid down in this Article.
5. The recipients of information referred
to in paragraphs 1, 2 and 4 shall also
have the right to inform the public if they
deem this to be necessary.
6. If a whistleblower is the subject of
disciplinary or other procedures for non-
compliance with the recipient limitations
laid down by Article 22a or Article 22b
and/or, for example, for having provided
information to the media and/or the
public, any measure taken against him
shall take into account whether the
information provided was true or the
whistleblower believed it to be true. The
public interest in the matter shall also be
taken into account.';
Amendment 14
Proposal for a regulation
Article 1 – point 6 b (new)
Staff Regulations of Officials of the European Union
Article 24 – paragraph 2
Text proposed by the Commission
Amendment
6b. The following sentence shall be added
to the second paragraph of Article 24:
'This shall not apply in respect of costs
which the official incurs due to
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investigations carried out by the
European Anti-Fraud Office.';
Justification
The taxpayers should not carry the costs an official incurs due to investigations carried out by
OLAF.
Amendment 15
Proposal for a regulation
Article 1 – point 8
Staff Regulations of Officials of the European Union
Article 27 - paragraph 1
Text proposed by the Commission
Amendment
Recruitment shall be directed to securing
Recruitment shall be directed to securing
for the institution the services of officials
for the institution the services of officials
of the highest standard of ability, efficiency
of the highest standard of ability, efficiency
and integrity, recruited on the broadest
and integrity, recruited on the broadest
possible geographical basis from among
possible geographical basis from nationals
nationals of Member States of the
of Member States of the European Union.
European Union. No posts shall be
No posts shall be directly or indirectly
reserved for nationals of any specific
reserved for nationals of any specific
Member State.
Member State.
Amendment 16
Proposal for a regulation
Article 1 – point 8
Staff Regulations of Officials of the European Union
Article 27 – paragraph 2
Text proposed by the Commission
Amendment
The principle of the equality of Union's
The principle of the equality of Union's
citizens shall allow each institution to
citizens shall allow each institution to
adopt corrective measures following the
adopt corrective measures following the
observation of a long lasting and
observation of a long lasting and
significant imbalance between nationalities
significant imbalance between nationalities
among officials which is not justified by
or gender among officials which is not
objective criteria. These corrective
justified by objective criteria. These
measures shall never result in recruitment
corrective measures shall never result in
criteria other than those based on merit.
recruitment criteria other than those based
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Before such corrective measures are
on merit. Before such corrective measures
adopted, the appointing authority of the
are adopted, the appointing authority of the
institution concerned shall adopt general
institution concerned shall adopt general
provisions for giving effect to this
provisions for giving effect to this
paragraph in accordance with Article 110.
paragraph in accordance with Article 110.
Amendment 17
Proposal for a regulation
Article 1 – point 9
Staff Regulations of Officials of the European Union
Article 29 – paragraph 1 – subparagraph 2
Text proposed by the Commission
Amendment
'While maintaining the principle that the
'While maintaining the principle that the
vast majority of officials shall be recruited
vast majority of officials shall be recruited
on the basis of open competitions, the
on the basis of open competitions, the
appointing authority may decide, by way of
appointing authority may decide, by way of
derogation from point (b), to hold a
derogation from point (b), to hold a
competition internal to the institution
competition internal to the institution
which shall also be open to contract staff as
which shall also be open to contract staff as
defined in Articles 3a and 3b of the
defined in Articles 3a and 3b of the
Conditions of Employment of Other
Conditions of Employment of Other
Servants of the European Union.';
Servants of the European Union.
Contract staff may participate in such
internal competitions on condition that
they produce evidence of a thorough
knowledge of one of the languages of the
Union and of a satisfactory knowledge of
two other languages of the Union to the
extent necessary for the performance of
their duties.';
Justification
The following amendment intends to assure that Contract staff who participate in internal
competitions are able to carry out their duties in at least 3 languages- streamlining with the
conditions of officials.
Amendment 18
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Proposal for a regulation
Article 1 – point 9 a (new)
Staff Regulations of Officials of the European Union
Article 29 – paragraph 2 a (new)
Text proposed by the Commission
Amendment
9a. The following paragraph shall be
inserted in Article 29a:
'2a. Tailor-made competitions aimed at
the recruitment of one specific person
shall not be permitted.';
Amendment 19
Proposal for a regulation
Article 1 – point 14 – point a a (new)
Staff Regulations of Officials of the European Union
Article 43 – paragraph 1
Text proposed by the Commission
Amendment
(aa) The following sentence shall be
added after the first sentence of the first
paragraph:
'That report shall be based on a
transparent, readily understandable
system for the assessment of officials’
performance, established by the
institutions.';
Justification
Under the terms of the Staff Regulations, officials’ ability, performance and conduct must be
assessed at least every two years. The amendment seeks to introduce a transparent and
readily understandable assessment system.
Amendment 20
Proposal for a regulation
Article 1 – point 14 a (new)
Staff Regulations of Officials of the European Union
Article 44 – paragraph 1
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Text proposed by the Commission
Amendment
14a. The first paragraph of Article 44
shall be replaced by the following:
'An official who has been at one step in
his grade for three years shall
automatically advance to the next step in
that grade. As from grade AD 12, this
automatic advancement shall apply only
to officials to whom the provisions of the
second paragraph apply.';
Justification
Automatic advancement in step every two years irrespective of performance, involving a
salary increase of up to EUR 650, generates significant costs. Extension of the period
between advancements to three years is justified, because the individual steps themselves
would not be affected. Making promotions above grade AD 12 contingent on performance of
management duties will act as an incentive and is justified for staff members in the grades
concerned (salaries of more than EUR 10 000).
Amendment 21
Proposal for a regulation
Article 1 – point 20
Staff Regulations of Officials of the European Union
Article 52 – point b – second sentence
Text proposed by the Commission
Amendment
However, an official may at his own
However, an official may at his own
request and where the appointing authority
request, on condition that the appointing
considers it justified in the interest of the
authority raises no justified objections,
service, carry on working until the age of
carry on working until the age of 67, in
67, in which case he shall be retired
which case he shall be retired
automatically on the last day of the month
automatically on the last day of the month
in which he reaches that age.
in which he reaches that age.
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Amendment 22
Proposal for a regulation
Article 1 – point 21 – point d
Staff Regulations of Officials of the European Union
Article 55 – paragraph 4
Text proposed by the Commission
Amendment
4. The appointing authority of each
4. The appointing authority of each
institution may introduce flexible working-
institution may introduce flexible working-
time arrangements. Officials to whom the
time arrangements. Compensation for
provisions of the second paragraph of
overtime shall take the form of hours
Article 44 apply shall manage their
credited to the official’s working time
working-time without resorting to such
account and may not exceed eight hours
arrangements.
per calendar month. Overtime must be
approved in advance by the directorate-
general concerned and by the Directorate-
General for Human Resources.
Applications for overtime shall specify the
reasons for the exceptional situation, the
circumstances justifying compensation,
the number of workers involved and the
estimated amount of overtime to be
worked.
Officials to whom the provisions of the
second paragraph of Article 44 apply and
officials in grades AD/AST 9 or above
shall manage their working time without
being entitled to compensatory leave
pursuant to such arrangements.
Justification
Under current practice, the proposal could lead to up to 1.2 million additional days off. The
amendment seeks to clarify the conditions for overtime and thus halves the number of days off
that can be taken. It also seeks to ensure that no compensatory leave is granted for overtime
to officials in grade AD/AST 9 or above (EUR 7100). From this grade, overtime is
compensated for by the official’s salary. This would thus reduce the number of possible days
off to around 170 000.
Amendment 23
Proposal for a regulation
Article 1 – point 23
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Staff Regulations of Officials of the European Union
Article 56 – paragraph 3
Text proposed by the Commission
Amendment
As provided in Annex VI, overtime worked
As provided in Annex VI, overtime worked
by officials in grades SC 1 to SC 6 and
by officials in grades SC 1 to SC 6 and
grades AST 1 to AST 4 shall entitle them
grades AST 1 to AST 4 shall entitle them
either to compensatory leave or to
either to compensatory leave or to
remuneration where requirements of the
remuneration where requirements of the
service do not allow compensatory leave
service do not allow compensatory leave
during the month following that in which
during the two months following that in
the overtime was worked.
which the overtime was worked.
Amendment 24
Proposal for a regulation
Article 1 – point 27
Staff Regulations of Officials of the European Union
Article 61
Text proposed by the Commission
Amendment
27. In Article 61, the word ‘institutions’
27. Article 61 shall be amended as
shall be replaced by ‘appointing authorities
follows:
of the institutions’;
(a) The word ‘institutions’ shall be
replaced by ‘appointing authorities of the
institutions’.
(b) The following paragraph shall be
added:
‘The total number of public holidays and
office closing days shall not exceed 14.’;
Justification
At present officials enjoy 18 public holidays and office closing days. In 2012, nine of those
days are not statutory public holidays, so that they in fact constitute additional paid leave.
The aim of the amendment is to reduce their number by four. Each additional non-working
day in all the EU institutions costs EUR 24 million.
Amendment 25
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Proposal for a regulation
Article 1 – point 39 a (new)
Staff Regulations of Officials of the European Union
Article 86
Text proposed by the Commission
Amendment
39a. Article 86(2) shall be replaced by the
following:
'2. Where the Appointing Authority or
OLAF becomes aware of evidence of
failure within the meaning of paragraph
1, they may launch administrative
investigations to establish whether such
failure has occurred. If an administrative
investigation has not been completed five
years after the date on which evidence
was brought to the attention of the
Appointing Authority or OLAF, it shall
become time-barred and shall terminate.
If, as a result of an administrative
investigation, an official is suspended for
a period of more than six months, the
Appointing Authority shall have the
power to take disciplinary action.';
Justification
Administrative investigations of EU staff members can last many years without giving rise to
any kind of court judgment. This amendment introduces a limitation rule for such cases for
the first time. In addition, it provides for disciplinary action to be taken irrespective of the
outcome of the administrative investigation. This will protect EU staff by ensuring either that
appropriate penalties are imposed or that the investigation is closed.
Amendment 26
Proposal for a regulation
Article 1 – point 41
Staff Regulations of Officials of the European Union
Article 110 – paragraph 2 – subparagraph 2
Text proposed by the Commission
Amendment
Such implementing rules shall enter into
Such implementing rules shall enter into
force at the agencies nine months after
force at the agencies six months after their
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their entry into force at the Commission or
entry into force at the Commission or six
nine months after the date on which the
months after the date on which the
Commission informed the agencies of the
Commission informed the agencies of the
adoption of the respective implementing
adoption of the respective implementing
rule, whichever is later. Notwithstanding
rule, whichever is later. Notwithstanding
the foregoing, an agency may also decide
the foregoing, an agency may also decide
that such implementing rules will enter into
that such implementing rules will enter into
force at an earlier date.
force at an earlier date.
Amendment 27
Proposal for a regulation
Article 1 – point 41
Staff Regulations of Officials of the European Union
Article 110 – paragraph 2 – subparagraph 3
Text proposed by the Commission
Amendment
By way of derogation, an agency may,
By way of derogation, an agency may on
before the expiry of the nine-month period
the basis of a request containing a proper
referred to above and after consulting its
statement of reasons, before the expiry of
Staff Committee, submit to the
the six-month period referred to above and
Commission for its agreement
after consulting its Staff Committee,
implementing rules which are different
submit to the Commission for its
from those adopted by the Commission.
agreement implementing rules which are
Under the same conditions, an agency may
different from those adopted by the
request the agreement of the Commission
Commission. Under the same conditions,
for not applying certain of these
an agency may request the agreement of
implementing rules. In the latter case, the
the Commission for not applying certain of
Commission may, instead of accepting or
these implementing rules. In the latter case,
rejecting the request, require the agency to
the Commission may, instead of accepting
submit for its agreement implementing
or rejecting the request, require the agency
rules which are different from those
to submit for its agreement implementing
adopted by the Commission.
rules which are different from those
adopted by the Commission.
Amendment 28
Proposal for a regulation
Article 1 – point 41
Staff Regulations of Officials of the European Union
Article 110 – paragraph 2 – subparagraph 4
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Text proposed by the Commission
Amendment
The nine-month period referred to in the
The six-month period referred to in the
previous subparagraphs shall be suspended
previous subparagraphs shall be suspended
from the date on which the agency has
from the date on which the agency has
requested the Commission's agreement
requested the Commission's agreement
until the date on which the Commission
until the date on which the Commission
has expressed its position.
has expressed its position.
Amendment 29
Proposal for a regulation
Article 1 – point 42
Staff Regulations of Officials of the European Union
Article 110 b(new) – paragraph 4
Text proposed by the Commission
Amendment
4. As soon as it adopts a delegated act, the
4. As soon as it adopts a delegated act, the
Commission shall notify it simultaneously
Commission shall notify it simultaneously
to the European Parliament and to the
to the European Parliament and to the
Council.
Council and shall inform the Court of
Justice.
Amendment 30
Proposal for a regulation
Article 1 – point 47
Staff Regulations of Officials of the European Union
Annex V – Article 7 – paragraph 1
Text proposed by the Commission
Amendment
To the annual leave of officials entitled to
To the annual leave of officials entitled to
the expatriation or foreign residence
the expatriation or foreign residence
allowance shall be added travelling time
allowance shall be added travelling time
based on the geographical distance
based on the geographical distance
between the place of employment and the
between the place of employment and the
place of origin, calculated as follows:
place of origin, calculated as follows:
– 250 to 600 km: one day of home
– 250 to 1000 km: one day of home
travelling time,
travelling time,
– 601 to 1200 km: two days of home
– more than 1000 km: two days of home
travelling time,
travelling time.
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– more than 1200 km: three days of home
travelling time.
Justification
The three days of home travelling time granted to officials serving in the EU are not
consistent with the speed and ready availability of modern means of transport. Officials
serving in third countries are granted only two days of home travelling time. If this is
acceptable for people working in remoter parts of the world, it must also be acceptable for
people working in Brussels.
Amendment 31
Proposal for a regulation
Article 1 – point 49 – point d a (new)
Staff Regulations of Officials of the European Union
Annex VII – Article 12 – paragraph 2
Text proposed by the Commission
Amendment
(da) Article 12(2) shall be replaced by the
following:
'2. Travel by air
Officials shall be authorised to travel by
air if the outward and return journeys
by rail would total at least 800
kilometres. In the case of flights lasting
less than eight hours, only the cost of an
economy-class ticket shall be
reimbursed.';
Justification
Adjustment in line with standard practice in the Member States.
Amendment 32
Proposal for a regulation
Article 1 – point 51 – point -a (new)
Staff Regulations of Officials of the European Union
Annex IX – Article 1 – paragraph 2
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Text proposed by the Commission
Amendment
(-a) Article 1(2) shall be amended as
follows:
'2. In cases that demand absolute secrecy
for the purposes of the investigation or
that require the use of investigative
procedures falling within the remit of a
national judicial authority, compliance
with the obligation to invite the official
to comment may, once the Appointing
Authority has been informed, be
deferred. In such cases, no disciplinary
proceedings may be opened before the
official has been given a chance to
comment.';
Justification
The amendment brings the Staff Regulations into line with the OLAF Regulation (1073/99),
which is currently the subject of negotiations with the Council and Commission.
Amendment 33
Proposal for a regulation
Article 1 – point 51 – point b a (new)
Staff Regulations of Officials of the European Union
Annex IX - Article 25
Text proposed by the Commission
Amendment
(ba) Article 25 shall be replaced by the
following:
'Article 25
Where the official is prosecuted for
those same acts, a final decision shall be
taken only after a final judgment has
been handed down by the court hearing
the case. Where appropriate and possible
the appointing authority shall be given the
power to enforce disciplinary measures
against the official under investigation
before the final judgment by the court
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hearing the case is given.';
Amendment 34
Proposal for a regulation
Article 1 – point 52 – point -a (new)
Staff Regulations of Officials of the European Union
Annex X – Article 8 – paragraph 1 a (new)
Text proposed by the Commission
Amendment
(-a) The following paragraph shall be
added to Article 8:
'Officials who take part in professional
training courses in Brussels pursuant to
Article 24a of the Staff Regulations and
who have been granted rest leave
pursuant to the first paragraph of this
Article shall as a rule combine their
periods of professional training in
Brussels with their rest leave.';
Justification
The purpose of the amendment is to ensure that periods of special leave granted to officials
working under particularly arduous conditions in third countries (up to five additional
periods of one week) are combined with periods of professional training in Brussels. The cost
of air tickets is reimbursed in connection with both this type of leave and professional
training. The aim is to reduce the amount of time EU staff serving in third countries spend
away from their places of work, by ensuring that they combine journeys.
Amendment 35
Proposal for a regulation
Article 1 – point 52 – point -a (new)
Staff Regulations of Officials of the European Union
Annex X – Article 9
Text proposed by the Commission
Amendment
(-a) Article 9 shall be replaced by the
following:
'1. Annual leave may be taken all at once
or in several periods, according to what
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the official desires and taking account of
the requirements of the service. It must,
however, include at least one period of
14 working days. Annual leave may not
exceed 37 days, to which travel days
under Article 7 of Annex V should be
added.
2. The rest leave provided for in Article
8 may not exceed 15 working days,
including travelling days, per year.';
Justification
The amendment seeks to reduce absence from the workplace by EU employees in third
countries.
Amendment 36
Proposal for a regulation
Article 1 – point 52 – point b a (new)Staff Regulations of Officials of the European Union
Annex X – Article 20
Text proposed by the Commission
Amendment
(ba) Article 20 shall be replaced by the
following:
'Article 20
An official shall be entitled to travel
expenses for rest leave from his place of
employment to the authorised place of
leave for himself and, if he is entitled to
the household allowance, for his spouse
and dependents if they live with him.
Where travel by train is impossible or
impracticable, reimbursement shall be
by special decision on production of the
air tickets, whatever the distance. In the
case of flights lasting less than eight
hours, only the cost of an economy-class
ticket shall be reimbursed.';
Justification
Adjustment in line with standard practice in the Member States.
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PROCEDURE
Title
Staff Regulations of Officials and Conditions of Employment of Other
Servants of the EU
References
COM(2011)0890 – C7-0507/2011 – 2011/0455(COD)
Committee responsible
JURI
Date announced in plenary
19.1.2012
Committee(s) asked for opinion(s)
CONT
Date announced in plenary
19.1.2012
Rapporteur(s)
Ingeborg Gräßle
Date appointed
12.1.2012
Discussed in committee
28.2.2012
29.2.2012
Date adopted
20.3.2012
Result of final vote
+:
26
–:
1
0:
2
Members present for the final vote
Marta Andreasen, Jean-Pierre Audy, Inés Ayala Sender, Zigmantas
Balčytis, Andrea Cozzolino, Ryszard Czarnecki, Tamás Deutsch,
Martin Ehrenhauser, Jens Geier, Gerben-Jan Gerbrandy, Ingeborg
Gräßle, Iliana Ivanova, Bogusław Liberadzki, Monica Luisa Macovei,
Jan Mulder, Eva Ortiz Vilella, Crescenzio Rivellini, Paul Rübig, Petri
Sarvamaa, Theodoros Skylakakis, Bart Staes, Georgios Stavrakakis,
Søren Bo Søndergaard, Michael Theurer
Substitute(s) present for the final vote
Zuzana Brzobohatá, Jorgo Chatzimarkakis, Derk Jan Eppink, Christofer
Fjellner, Monika Hohlmeier, Ivailo Kalfin, Derek Vaughan
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