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29.10.2013 Official
Journal
of
the
European
Union L
287/15
REGULATION (EU, EURATOM) No 1023/2013 OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL
of 22 October 2013
amending the Staff Regulations of Officials of the European Union and the Conditions of
Employment of Other Servants of the European Union
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
multilingual staff, drawn on the broadest possible
EUROPEAN UNION,
geographical basis from among citizens of the Member
States, and with due regard to gender balance, who are
independent and who adhere to the highest professional
standards, and to enable such staff to carry out their
Having regard to the Treaty on the Functioning of the European
duties as effectively and efficiently as possible. In that
Union, and in particular Article 336 thereof,
respect, it is necessary to overcome the current
difficulties experienced by the institutions in recruiting
officials or staff from certain Member States.
Having regard to the Protocol on the Privileges and Immunities
of the European Union, and in particular Article 12 thereof,
(3) Given
the
size
of
the
European
civil
service
when
measured against the objectives of the Union and its
Having regard to the proposal from the European Commission,
population, a decrease in the number of staff of the
submitted following consultation with the Staff Regulations
institutions and agencies of the Union should not lead
Committee,
to any impairment of the performance of their tasks,
duties and functions in accordance with the obligations
and powers under the Treaties. In this regard, there is a
need for transparency in relation to the personnel costs
After transmission of the draft legislative act to the national
incurred by each institution and agency with respect to
parliaments,
all categories of staff employed by them.
Having regard to the opinion of the Court of Justice ( 1 ),
(4) The
European
civil
service
is
expected
to
live
up
to
the
highest standards of professional ethics and to remain
independent at all times. To that end, Title II of the
Having regard to the opinion of the Court of Auditors ( 2 ),
Staff Regulations ( 4 ), which provides a framework for
rights and obligations, should be further clarified. Any
failure by officials or former officials to comply with
Acting in accordance with the ordinary legislative procedure (
these obligations should render them liable to disci

3 ),
plinary action.
Whereas:
(5) The
value
of
the
European
civil
service
lies
equally
in
its
cultural and linguistic diversity, which can only be
ensured if appropriate balance is secured regarding offi
(1) The
European
Union,
and
its
more
than
50
institutions
cials’ nationality. Recruitment and appointments should
and agencies, should continue to be equipped with a
ensure that staff are employed on the broadest possible
high-quality European public administration, so as to
geographical basis from among the nationals of all
enable it to achieve its objectives, implement its
Member States of the European Union without,
policies and activities and perform its tasks to the
however, posts being reserved for nationals of any
highest possible standard in accordance with the
specific Member State. To that end and in order to
Treaties in order to meet the challenges, both internal
address possible significant imbalances between
and external, that it will face in the future and to serve
nationalities among officials which are not justified by
the citizens of the Union.
objective criteria, each institution should be given the
possibility to adopt justified and appropriate measures.
Such measures should never result in recruitment
(2) Consequently,
it
is
necessary
to
ensure
a
framework
for
criteria other than those based on merit. The
attracting, recruiting and maintaining highly qualified and
Commission should report to the European Parliament
and to the Council on the implementation of the appro
priate measures by the institutions.
( 1 ) Opinion of 22 March 2012 (not published in the Official Journal).
( 2 ) OJ C 205, 12.7.2012, p. 1.
( 3 ) Position of the European Parliament of 2 July 2013 (not yet
( 4 ) Staff Regulations of Officials of the European Union, laid down in
published in the Official Journal) and decision of the Council of
Council Regulation (EEC, Euratom, ECSC) No 259/68 (OJ L 56,
10 October 2013.
4.3.1968, p. 1).

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L 287/16
EN
Official Journal of the European Union
29.10.2013
(6) In
order
to
facilitate
recruitment
on
the
broadest
possible
accordance with the principle of impartiality, national
geographical basis, the institutions should strive to
statistical institutes or other appropriate authorities in
support multilingual and multicultural education for the
the Member States should collect the data at national
children of their staff. It is desirable that a contribution
level and transmit them to Eurostat.
by the Union to the financing of the European Schools,
determined by the budgetary authority in accordance
with the relevant rules, be charged to the budget of the
Union. Where necessary in the interests of the func
tioning of the institutions, the Commission should be
(11) The
potential
advantages
for
officials
and
other
servants
able to ask the competent authorities to reconsider the
of the European Union of the application of the method
location of a new European School.
should be balanced by the reintroduction of the system
of a 'levy'. As in the case of the method, the application
of the solidarity levy may be provisionally prolonged. It
seems appropriate in the present circumstances to
increase the solidarity levy, as compared with the level
(7) A
broader
aim
should
be
to
optimise
the
management
of
human resources in a European civil service characterised
of the special levy applicable from 2004 to 2012, and to
by its excellence, competence, independence, loyalty,
provide for a more progressive rate. This is to take
impartiality and stability, as well as by cultural and
account of the particularly difficult economic and social
linguistic diversity and attractive recruitment conditions.
context in the Union, and its ramifications for public

finances throughout the Union. The need to consolidate
public finances in the Union, including in the short term,
requires a swift and particular effort of solidarity on the
part of the staff of the institutions of the Union. Such a
(8) Officials
should
serve
a
nine-month
probationary
period.
solidarity levy should thus apply to all officials and other
When deciding on the establishment of an official, the
servants of the Union as from 1 January 2014.
appointing authority should take into account the report
on the probationary period made at the end of that
period and the probationer's conduct with respect to
his obligations under the Staff Regulations. It should be
possible for a report on the probationer to be made at
(12) In
its
conclusions
of
8
February
2013
on
the
multi
any time if the work of the probationer has proved
annual financial framework, the European Council
obviously inadequate. Otherwise a report should only
pointed out that the need to consolidate public
be made at the end of the probationary period.
finances in the short, medium and long term requires a
particular effort by every public administration and its
staff to improve efficiency and effectiveness and to
adjust to the changing economic context. That call
reiterated in fact the objective of the 2011 Commission
(9)
In the interest of guaranteeing that the purchasing power
proposal for amendment of the Staff Regulations of
of officials and other servants of the European Union
Officials and the Conditions of Employment of Other
develops in parallel with that of national civil servants
Servants of the European Union, which strove to
in central governments of the Member States, it is
ensure cost-efficiency and acknowledged that challenges
essential to preserve the principle of a multi-annual
currently faced by the European Union require a
mechanism for pay update, known as 'the method', by
particular effort by each and every public administration
ensuring its application until the end of 2023 with a
and each and every member of its staff to improve effi
review at the beginning of 2022, while including a
ciency and to adjust to the changing economic and social
mechanism for the provisional prolongation of the
context in Europe. The European Council called
method. Moreover, in order to remedy the difficulties
moreover, as part of the reform of the Staff Regulations,
with the application of the method in the past,
for the adjustment of remuneration and pensions of all
provision should be made for a method to allow for
staff of the Union institutions through the method to be
an automatic annual update of all salaries, pensions
suspended for two years and for the new solidarity levy
and allowances, including an automatic crisis clause. To
to be reintroduced as part of the reform of the salary
that effect, the relevant amounts contained in the Staff
method.
Regulations and the Conditions of Employment of Other

Servants of the European Union should be understood as
reference amounts which are subject to a regular and
automatic update. Those updated amounts should be
published by the Commission in the C series of the
Official Journal of the European Union for information
(13) In
view
of
those
conclusions
and
in
order
to
respond
to
purposes. This update mechanism should equally be
future budgetary constraints as well as to show solidarity
used for all other instances where such an update is
on the part of the European civil service with the severe
provided for.
measures taken by Member States as a result of the
unprecedented financial crisis and the particularly
difficult social and economic context in the Member
States and the Union as a whole, it is necessary to
provide for suspension of the method for two years for
(10) It is important to ensure the quality of statistical data
all remuneration, pensions and allowances of officials
used for updating remuneration and pensions. In
and to apply the solidarity levy despite such suspension.

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EN
29.10.2013 Official
Journal
of
the
European
Union L
287/17
(14) Demographic
changes
and
the
changing
age
structure
of
will be reserved for a limited number of officials
the population concerned require that the pension age be
exercising the highest level of responsibilities. Therefore
increased, subject however to transitional measures for
administrators can only progress as far as grade AD 12
officials and other servants of the European Union
unless they are appointed to a specific post above that
already in service. Those transitional measures are
grade, and grades AD 13 and 14 should be reserved for
necessary in order to respect acquired rights of officials
those staff whose roles entail significant responsibilities.
already in service who have contributed to the notional
Similarly, officials in grade AST 9 can be promoted to
pension fund for European Union officials. The pension
grade AST 10 only in accordance with the procedure laid
age should also be made more flexible by making it
down in Article 4 and Article 29(1) of the Staff Regu
easier for staff to continue to work voluntarily until
lations.
the age of 67 and by making it possible, in exceptional
circumstances and under specific conditions, to work
until the age of 70.
(20) With
a
view
to
adjusting
career
structures
in
the
current
domains of AST staff even further to different levels of
responsibility and as an indispensable contribution to
limiting administrative expenses, a new function group
(15) Since the European Union pension scheme is in actuarial
'AST/SC' for secretarial and clerical staff should be intro
balance and that balance has to be maintained in the
duced. Salaries and promotion rates should establish a
short and in the long term, staff employed before
suitable correlation between the level of responsibility
1 January 2014 should be compensated for their
and the level of remuneration. In this way it will be
pension contribution by transitional measures, such as
possible to preserve a stable and comprehensive
an adjusted accrual rate for the years of service after
European civil service. The Commission should assess
reaching pensionable age (Barcelona incentive) and by
and report on the scale and effects of introducing this
applying half of the reduction for early retirement
new function group, taking particular account of the
between the age of 60 and the statutory retirement age.
situation of women, so that the preservation of a stable
and comprehensive European civil service can be
ensured.
(16) Commonly
accepted
actuarial
practice
requires
that
a
period of past observations between 20 and 40 years
be used for interest rates and salary growth with a
(21) The minimum of two years in the grade before
view to ensuring the balance of pension schemes. The
promotion of an official to the next higher grade is
moving averages for interest rates and salary growth
maintained in order to allow for faster promotions for
should therefore be extended to 30 years with a transi
high performers. Each institution should ensure that its
tional period of seven years.
internal human resources policies use the possibilities
provided in the Staff Regulations to allow for appropriate
careers for high-potential and high-performing officials.
(17) The
Council
requested
from
the
Commission
a
study
and
the submission of appropriate proposals on Article 5(4),
(22) Working
hours
applied
in
the
institutions
should
be
Annex I, Section A, and Article 45(1) of the Staff Regu
aligned with those in force in certain of the Member
lations with a view to establishing a clear link between
States of the European Union to compensate for the
responsibilities and grade and in order to ensure a greater
reduction of staff in the institutions. That alignment
emphasis on the level of responsibilities when comparing
should take into account the working hours applied in
merits in the context of promotion.
the civil services of Member States. The introduction of a
minimum number of weekly working hours will ensure
that the staff employed by the institutions are able to
carry out the work-load resulting from the European
Union's policy objectives while, at the same time,
(18) Taking
that
request
into
account,
it
is
appropriate
that
harmonising working conditions in the institutions, in
promotion to a higher grade should be made conditional
the interest of solidarity throughout the Union's civil
on personal dedication, improvement of skills and
service.
competences, and the performance of duties the
importance of which justifies the official's appointment
to that higher grade.
(23) Flexible working-time arrangements are an essential
element of a modern and efficient public administration
allowing for family-friendly working conditions and
enabling a suitable gender balance within the institutions.
(19) The
career
stream
in
the
AD
and
AST
function
groups
It is therefore necessary to introduce an explicit reference
should be restructured in such a way that the top grades
to those arrangements in the Staff Regulations.

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L 287/18
EN
Official Journal of the European Union
29.10.2013
(24) The
rules
on
travelling
time
and
annual
payment
of
(30) In
common
with
other
staff
to
whom
the
Staff
Regu
travel expenses between the place of employment and
lations apply, the staff of agencies are covered by the EU
the place of origin should be modernised, rationalised
pension scheme. Agencies which are fully self-financed
and linked with expatriate status in order to make their
currently pay the employers’ contribution to the scheme.
application simpler and more transparent. In particular,
In order to ensure budgetary transparency and more
the annual travelling time should be replaced by home
balanced burden-sharing, agencies which are partly
leave and limited to a maximum of two and a half days.
financed from the general budget of the European
Union should pay that part of the employers’
contributions which corresponds to the proportion
between the agency's revenues without the subsidy
from the general budget of the European Union and its
(25) Likewise, the rules on the reimbursement of removal
total revenues. As this new provision may require the
costs should be simplified in order to facilitate their
adjustment of the relevant rules on the fees collected
application both for the administration and the staff
by the agencies, it should apply only with effect from
members concerned. To that end, cost ceilings which
1 January 2016. Where appropriate, the Commission
take account of the official's or agent's family situation
should submit proposals for the adaptation of those
and of the average cost of removal and associated
rules.
insurance should be introduced.
(31) In the interest of simplification and of a consistent staff
(26) Some
staff
members
frequently
have
to
go
on
mission
to
policy, the rules adopted by the Commission to
the other principal places of work of their institution.
implement the Staff Regulations should apply by
These situations are at present not adequately taken
analogy to the agencies. However, in order to ensure
into account in the rules on missions. These rules
that the specific situation of agencies may, if necessary,
should therefore be adapted, in order to allow in such
be taken into account, agencies should be entitled to
cases the reimbursement of accommodation costs on the
request the Commission's authorisation to adopt imple
basis of a flat-rate sum.
menting rules which derogate from those adopted by the
Commission, or not to apply the Commission's rules at
all.
(27) It
is
appropriate
to
modernise
working
conditions
for
staff employed in third countries and to render them
more cost-effective whilst generating cost savings.
(32) A register of all of the rules adopted to implement the
Annual leave entitlements should be adjusted, and
Staff Regulations should be set up and administered
provision should be made for the possibility of
within the Court of Justice of the European Union.
including a wider range of parameters to fix the
That register, to be open to consultation by all institu
allowance for living conditions, without affecting the
tions, agencies and Member States, will allow for trans
overall aim of generating cost savings. The conditions
parency and promote a consistent application of the Staff
for granting the accommodation allowance should be
Regulations.
revised to take better account of local conditions and
to reduce the administrative burden.
(33) In
order
to
harmonise
and
clarify
the
rules
on
the
adoption of implementing provisions, and having
(28) It
is
appropriate
to
provide
a
more
flexible
framework
for
regard to their internal and administrative nature, it is
the employment of contract staff. The institutions of the
appropriate to confer the relevant decision-making
Union should therefore be enabled to engage contract
powers on the appointing authority and the authority
staff for a maximum period of six years in order to
authorised to conclude contracts.
perform tasks under the supervision of officials or
temporary staff. In addition, while the vast majority of
officials will continue to be recruited on the basis of
open competitions, the institutions should be authorised
(34) Taking
into
account
the
high
number
of
temporary
staff
to organise internal competitions which may excep
within agencies and the need to define a consistent staff
tionally and subject to specific conditions be open to
policy, it is necessary to create a new category of
contract staff.
temporary staff and to lay down specific rules for that
category.
(29) Transitional arrangements should be laid down to enable
the new rules and measures to be applied gradually,
(35) The Commission should continue to monitor the
whilst respecting the acquired rights and legitimate
budgetary situation of the Joint Sickness Insurance
expectations of the staff employed before the entry into
Scheme and take all necessary steps in the event of a
force of these amendments to the Staff Regulations.
structural imbalance of the system.

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EN
29.10.2013 Official
Journal
of
the
European
Union L
287/19
(36) Article 15 of the Protocol No
7 on Privileges and
The principle of equal treatment shall not prevent the
Immunities of the European Union provides that
appointing authorities of the institutions from main
certain data of officials and other servants are to be
taining or adopting measures providing for specific
communicated to the governments of the Member States.
advantages in order to make it easier for persons
with disabilities to pursue a vocational activity or in
order to prevent or compensate for disadvantages in
their professional careers.';
(37) In order to achieve the objectives set out in the Staff
Regulations, the power to adopt acts in accordance
with Article 290 of the Treaty on the Functioning of
(2) In Article 1e, paragraph 1 is replaced by the following:
the European Union should be delegated to the
Commission notably in respect of certain aspects of
working conditions. The Commission, when preparing
and drawing up delegated acts, should ensure a simulta
'1. Officials
in
active
employment
shall
have
access
to
neous, timely and appropriate transmission of relevant
measures of a social nature, including specific measures to
documents to the European Parliament and Council,
reconcile working life with family life, adopted by the
institutions, and to services provided by the social
welfare bodies referred to in Article 9. Former officials
may have access to limited specific measures of a social
HAVE ADOPTED THIS REGULATION:
nature.';
(3) Article 5 is amended as follows:
Article 1
The Staff Regulations of Officials of the European Union are
amended as follows:
(a) paragraph 1 is replaced by the following:
(1) Article 1d is amended as follows:
'1. The
posts
covered
by
the
Staff
Regulations
shall
be classified, according to the nature and importance
of the duties to which they relate, in an administrators’
function group (hereinafter 'AD'), an assistants’
(a) in paragraph 3, the word 'institutions' is replaced by
function group (hereinafter 'AST') and a secretaries
'appointing authorities of the institutions';
and clerks’ function group (hereinafter
'AST/SC').';
(b) paragraph 4 is replaced by the following:
(b) paragraph 2 is replaced by the following:
'4. For
the
purposes
of
paragraph
1,
a
person
has
a
'2. Function group AD shall comprise twelve
disability if he has a long-term physical, mental, intel
grades, corresponding to managerial, conceptual and
lectual or sensory impairment which, in interaction
analytical as well as to linguistic and scientific duties.
with various barriers, may hinder his full and
Function group AST shall comprise eleven grades,
effective participation in society on an equal basis
corresponding to executive and technical duties.
with others. The impairment shall be determined in
Function group AST/SC shall comprise six grades,
accordance with the procedure set out in Article 33.
corresponding to clerical and secretarial duties.';
(c) in point (a) of paragraph 3 the words 'and function
A person with a disability meets the conditions laid
group AST/SC' are inserted after the words 'in function
down in point (e) of Article 28 if he can perform the
group AST';
essential functions of the job when reasonable accom
modation is made.
(d) paragraph 4 is replaced by the following:
"Reasonable accommodation", in relation to the
essential functions of the job, shall mean appropriate
'4. A
table
showing
types
of
posts
is
given
in
measures, where needed, to enable a person with a
Annex I, Section A. By reference to that table, the
disability to have access to, participate in, or advance
appointing authority of each institution may define
in employment, or to undergo training, unless such
in more detail the duties and powers attaching to
measures would impose a disproportionate burden
each type of post after consulting the Staff Regulations
on the employer.
Committee.';

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L 287/20
EN
Official Journal of the European Union
29.10.2013
(4) Article 6 is replaced by the following:
(b) paragraph 1a is replaced by the following:
‘Article 6
'1a. For
the
application
of
certain
provisions
of
1. The
establishment
plan
appended
to
the
section
of
these Staff Regulations, a common Joint Committee
the budget related to each institution shall indicate the
may be established for two or more institutions. The
number of posts in each grade and function group.
other Committees referred to in paragraph 1 and the
Disciplinary Board may be established as common
2. Without
prejudice
to
the
principle
of
promotion
bodies by two or more agencies.';
based on merit as laid down in Article 45, that plan
shall ensure that, for each institution, the number of
vacant positions at every grade of the establishment plan
on 1 January of each year corresponds to the number of
(c) in paragraph 2, the following subparagraph is inserted
officials in the lower grade in active employment on 1
after the first subparagraph:
January of the preceding year, multiplied by the rates
laid down in Annex I, Section B, for that grade. Those
rates shall be applied on a five-year average basis as
'The agencies may derogate from the provisions of
from 1 January 2014.
Article 1 of Annex II regarding membership of Staff
Committees to take into account the composition of
3.
The rates laid down in Annex I, Section B, shall form
their personnel. The agencies may decide not to
part of the report referred to in Article 113.
appoint alternate members in the Joint Committee or
Committees provided for in Article 2 of Annex II.';
4. The
implementation
of
the
provisions
concerning
function group AST/SC and of the transitional provisions
laid down in Article 31 of Annex XIII, taking into account
(6) In the second sentence of the first paragraph of Article 10,
the evolution of the need for staff carrying out secretarial
the word 'institutions' is replaced by 'appointing auth
and clerical tasks in all institutions and the evolution of
orities of the institutions';
permanent and temporary posts in function groups AST
and AST/SC, shall form part of the report referred to in
Article 113.’;
(7) Article 11 is replaced by the following:
(5) Article 9 is amended as follows:
'Article 11
(a) paragraph 1 is replaced by the following:
An official shall carry out his duties and conduct himself
solely with the interests of the Union in mind. He shall
‘1. Without
prejudice
to
paragraph
1a,
there
shall
neither seek nor take instructions from any government,
be set up within each institution:
authority, organisation or person outside his institution.
He shall carry out the duties assigned to him objectively,
impartially and in keeping with his duty of loyalty to the
— a Staff Committee, which may be organised in
Union.
sections for the different places of employment;
— one or more Joint Committees, as appropriate for
An official shall not without the permission of the
the number of officials at the places of
appointing authority accept from any government or
employment;
from any other source outside the institution to which
he belongs any honour, decoration, favour, gift or
— one or more Disciplinary Boards, as appropriate for
payment of any kind whatever, except for services
the number of officials at the places of
rendered either before his appointment or during special
employment;
leave for military or other national service and in respect
of such service.
— one or more Joint Advisory Committees on profes
sional incompetence, as appropriate for the
number of officials at the places of employment;
Before recruiting an official, the appointing authority shall
examine whether the candidate has any personal interest
such as to impair his independence or any other conflict
— a Reports Committee, if required;
of interest. To that end, the candidate, using a specific
form, shall inform the appointing authority of any actual
— an Invalidity Committee,
or potential conflict of interest. In such cases, the
appointing authority shall take this into account in a
duly reasoned opinion. If necessary, the appointing
which shall perform the functions assigned to them by
authority shall take the measures referred to in
these Staff Regulations.’;
Article 11a(2).

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EN
29.10.2013 Official
Journal
of
the
European
Union L
287/21
This Article shall apply by analogy to officials returning
work relate to its activities or, where such writings or
from leave on personal grounds.';
work relate to activities of the European Atomic Energy
Community, the property of that Community. The Union
or, where applicable, the European Atomic Energy
(8) Article 16 is replaced by the following:
Community shall have the right to acquire compulsorily
the copyright in such works.';
'Article 16
(10) Article 19 is replaced by the following:
An official shall, after leaving the service, continue to be
bound by the duty to behave with integrity and discretion
as regards the acceptance of certain appointments or
'Article 19
benefits.
An official shall not, without permission from the
appointing authority, disclose on any grounds whatever,
in any legal proceedings, information of which he has
Officials intending to engage in an occupational activity,
knowledge by reason of his duties. Permission shall be
whether gainful or not, within two years of leaving the
refused only where the interests of the Union so require
service shall inform their institution thereof using a
and such refusal would not entail criminal consequences as
specific form. If that activity is related to the work
far as the official is concerned. An official shall continue to
carried out by the official during the last three years of
be bound by this obligation after leaving the service.
service and could lead to a conflict with the legitimate
interests of the institution, the appointing authority may,
having regard to the interests of the service, either forbid
The provisions of the first paragraph shall not apply to an
him from undertaking it or give its approval subject to any
official or former official giving evidence before the Court
conditions it thinks fit. The appointing authority shall,
of Justice of the European Union or before the Disciplinary
after consulting the Joint Committee, notify its decision
Board of an institution on a matter concerning a servant
within 30 working days of being so informed. If no
or former servant of the European Union.';
such notification has been made by the end of that
period, this shall be deemed to constitute implicit
acceptance.
(11) In Article 21a, the following paragraph is added:
In the case of former senior officials as defined in imple
'3. An
official
who
informs
his
superiors
of
orders
menting measures, the appointing authority shall, in prin
which he considered to be irregular or likely to give rise
ciple, prohibit them, during the 12 months after leaving
to serious difficulties shall not suffer any prejudice on that
the service, from engaging in lobbying or advocacy vis-à-
account.';
vis staff of their former institution for their business,
clients or employers on matters for which they were
responsible during the last three years in the service.
(12) The following Article is inserted:
In compliance with Regulation (EC) No 45/2001 of the
'Article 22c
European Parliament and of the Council (*), each insti
In accordance with Articles 24 and 90, each institution
tution shall publish annually information on the imple
shall put in place a procedure for the handling of
mentation of the third paragraph, including a list of the
complaints made by officials concerning the way in
cases assessed.
which they were treated after or in consequence of the
fulfilment by them of their obligations under Article 22a
___________
or 22b. The institution concerned shall ensure that such
complaints are handled confidentially and, where
(*) Regulation (EC) No 45/2001 of the European
warranted by the circumstances, before the expiry of the
Parliament and of the Council of 18 December 2000
deadlines set out in Article 90.
on the protection of individuals with regard to the
processing of personal data by the Community insti
tutions and bodies and on the free movement of such
data (OJ L 8, 12.1.2001, p. 1).';
The appointing authority of each institution shall lay down
internal rules on inter alia:
— the provision to officials referred to in Article 22a(1)
(9) Article 18(1) is replaced by the following:
or Article 22b of information on the handling of the
matters reported by them,
'1. All
rights
in
any
writings
or
other
work
done
by
any
official in the performance of his duties shall be the
— the protection of the legitimate interests of those
property of the European Union where such writings or
officials and of their privacy, and

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Official Journal of the European Union
29.10.2013
— the procedure for the handling of complaints referred
(b) whether requests for transfer have been received from
to in the first paragraph of this Article.';
officials of the same grade in other institutions, and/or
(13) In Article 26a, the word 'institutions' is replaced by
'appointing authorities of the institutions';
(c) if it was not possible to fill the vacant post through
the possibilities mentioned in points (a) and (b),
whether to consider lists of suitable candidates
(14) Article 27 is replaced by the following:
within the meaning of Article 30, where appropriate,
taking into account the relevant provisions concerning
suitable candidates in Annex III and/or
'Article 27
Recruitment shall be directed to securing for the insti
tution the services of officials of the highest standard of
(d) whether to hold a competition internal to the insti
ability, efficiency and integrity, recruited on the broadest
tution, which shall be open only to officials and
possible geographical basis from among nationals of
temporary staff as defined in Article 2 of the
Member States of the Union. No posts shall be reserved
Conditions of Employment of Other Servants of the
for nationals of any specific Member State.
European Union;
The principle of the equality of Union's citizens shall allow
or follow the procedure for competitions on the basis
each institution to adopt appropriate measures following
either of qualifications or of tests, or of both qualifications
the observation of a significant imbalance between
and tests. Annex III lays down the competition procedure.
nationalities among officials which is not justified by
objective criteria. Those appropriate measures must be
justified and shall never result in recruitment criteria
other than those based on merit. Before such appropriate
The procedure may likewise be followed for the purpose
measures are adopted, the appointing authority of the
of constituting a reserve for future recruitment.
institution concerned shall adopt general provisions for
giving effect to this paragraph in accordance with
Article 110.
While maintaining the principle that the vast majority of
officials are to be recruited on the basis of open competi
After a three-year period starting on 1 January 2014, the
tions, the appointing authority may decide, by way of
Commission shall report to the European Parliament and
derogation from point (d) and only in exceptional cases,
to the Council on the implementation of the second para
to hold a competition internal to the institution which
graph.
shall also be open to contract staff as defined in Articles
3a and 3b of the Conditions of Employment of Other
Servants of the European Union. That latter category of
In order to facilitate recruitment on the broadest possible
staff shall be subject to restrictions with regard to that
geographical basis, the institutions shall strive to support
possibility as laid down in Article 82(7) of the Conditions
multilingual and multicultural education for the children of
of Employment of Other Servants of the European Union
their staff.';
and with regard to the specific tasks it was entitled to
perform as contract staff.';
(15) In Article 29, paragraph 1 is replaced by the following:
(16) Article 30 is replaced by the following:
'1. Before
filling
a
vacant
post
in
an
institution,
the
appointing authority shall first consider:
'Article 30
(a) whether the post can be filled by:
For each competition, a selection board shall be appointed
by the appointing authority. This board shall draw up a
list of suitable candidates.
(i) transfer, or
The appointing authority shall decide which of these
(ii) appointment in accordance with Article 45a, or
candidates to appoint to the vacant posts.
(iii) promotion
These candidates shall have access to adequate information
on appropriate vacancies published by the institutions and
within the institution;
agencies.';

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(17) The first sentence of the first subparagraph of Article 31(2)
service. That report shall be communicated to the
is replaced by the following:
probationer, who shall have the right to submit his
comments in writing within eight working days.
'Without prejudice to Article 29(2), officials shall be
recruited only at grades SC 1 to SC 2, AST 1 to AST 4
Should it recommend dismissal or, in exceptional circum
or AD 5 to AD 8.';
stances, extension of the probationary period in
accordance with paragraph 1, the report and the
comments shall be transmitted immediately by the
probationer's immediate superior to the appointing auth
ority, which shall, within three weeks, consult the Joint
(18) In the third paragraph of Article 32, the word 'institution'
Reports Committee on the action to be taken.
is replaced by 'appointing authority of each institution';
A probationer whose work or conduct has not proved
(19) Article 34 is replaced by the following:
adequate for establishment in his post shall be dismissed.
'
4. Except
where
he
is
in
a
position
forthwith
to
resume
Article 34
employment elsewhere, a dismissed probationer shall
1. Officials
shall
serve
a
nine-month
probationary
receive compensation equal to three months’ basic salary
period before they can be established. The decision to
if he has completed more than one year's service, two
establish an official shall be taken on the basis of the
months’ basic salary if he has completed at least six
report referred to in paragraph 3 as well as on the basis
months’ service and one month's basic salary if he has
of elements available to the appointing authority relating
completed less than six months’ service.
to the probationer's conduct with regard to Title II.
5. Paragraphs 2, 3 and 4 shall not apply to officials
who resign before the end of their probationary period.';
Where, during his probationary period, an official is
prevented, by sickness, maternity leave under Article 58,
or accident, from performing his duties for a continuous
period of at least one month, the appointing authority
(20) In Article 35, the following point is added:
may extend his probationary period by the corresponding
length of time. The total length of the probationary period
shall in no circumstances exceed 15 months.
'(g) Leave in the interests of the service';
2. A
report
on
the
probationer
may
be
made
at
any (21) In the second indent of point (b) of Article 37, the word
time before the end of the probationary period if his work
'institutions' is replaced by 'appointing authorities of the
is proving obviously inadequate.
institutions';
(22) Article 40 is amended as follows:
That report shall be communicated to the person
concerned, who shall have the right to submit his
comments in writing within eight working days. The
report and the comments shall be transmitted immediately
(a) the following paragraph is inserted:
by the probationer's immediate superior to the appointing
authority, which shall, within three weeks, obtain the
opinion of the Joint Reports Committee on the action to
'
be taken. The appointing authority may decide to dismiss
1a. Article
12b
shall
continue
to
apply
during
the
the probationer before the end of the probationary period,
period of leave on personal grounds. The permission
giving him one month's notice, or to assign the official to
under Article 12b shall not be granted to an official
another department for the remaining time of the
for the purpose of his engaging in an occupational
probationary period.
activity, whether gainful or not, which involves
lobbying or advocacy vis-à-vis his institution and
which could lead to the existence or possibility of a
conflict with the legitimate interests of the institution.';
3. One
month
at
the
latest
before
the
expiry
of
the
probationary period, a report shall be made on the
ability of the probationer to perform the duties pertaining
(b) in the second subparagraph of paragraph 2, the words
to his post and also on his efficiency and conduct in the
'15 years' are replaced by '12 years';

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(c) the third subparagraph of paragraph 2 is amended as
official. However, in the case of half-time leave this
follows:
provision shall apply only to the difference between the
full basic salary and the proportionally reduced basic
salary. For the part of the basic salary actually received,
the official's contribution shall be calculated by using the
(i) point (ii) is replaced by the following:
same percentages as if he were in full-time employment.
'(ii) to follow his spouse, the latter also being an
The allowance shall be EUR 1 215,63 per month, or 50 %
official or other servant of the Union required
of such sum if the official is on half-time leave, for the
in the course of his duties to establish his
single parents and parents of dependent children with a
habitual residence at such a distance from
disability or a severe illness recognised by the medical
the place of employment of the applicant
officer referred to in the first paragraph and during the
official that the establishment of their
first three months of parental leave where such leave is
conjugal home in such a place would incon
taken by the father during maternity leave or by either
venience the applicant official in the
parent immediately after maternity leave or during or
performance of his duties; or';
immediately after adoption leave.
(ii) the following point is added:
Parental leave may be extended for a further six months
with an allowance limited to 50 % of the amount referred
to in the second paragraph. For single parents as referred
to in the first paragraph, parental leave may be extended
'(iii) to assist his spouse, a relative in the ascending
for a further twelve months with an allowance limited to
line, a relative in the descending line, a
50 % of the amount referred to in the third paragraph.
brother or a sister in the case of medically
certified serious illness or disability,';
The amounts mentioned in this Article shall be updated in
line with remuneration.';
(23) Article 42a is replaced by the following:
'Article 42a
(24) In Chapter 2 of Title III, the following Section is added:
An official shall be entitled to up to six months of parental
leave without basic salary for every child, to be taken
during the first twelve years after the birth or adoption
'S e c t i o n 7
of the child. The duration of the leave may be doubled for
single parents recognised under general implementing
Leave in the interests of the service
provisions adopted by the appointing authority of each
Article 42c
institution and for parents of dependent children with a
disability or a severe illness recognised by the institution's
At the earliest five years before the official's pensionable
medical officer. The minimum leave taken at any one time
age, an official with at least ten years of service may be
shall not be less than one month.
placed by decision of the appointing authority on leave in
the interests of the service for organisational needs linked
to the acquisition of new competences within the institu
tions.
During parental leave, the official's membership of the
social security scheme shall continue; the acquisition of
pension rights, dependent child allowance and education
allowance shall be maintained. The official shall retain his
The total number of officials placed on leave in the
post, and continue to be entitled to advancement to a
interests of the service each year shall not be higher
higher step or promotion in grade. The leave may be
than 5 % of the officials in all institutions who retired
taken as full-time or half-time leave. Where parental
the previous year. The total number thus calculated shall
leave is taken in the form of half-time leave, the
be allocated to each institution according to their
maximum period provided for in the first paragraph
respective numbers of officials at 31 December of the
shall be doubled. During parental leave, an official shall
preceding year. The result of such allocation shall be
be entitled to an allowance of EUR 911,73 per month, or
rounded up to the nearest whole number in each insti
50 % of such sum if on half-time leave, but may not
tution.
engage in any other gainful employment. The full
contribution to the social security scheme provided for
in Articles 72 and 73 shall be borne by the institution
and calculated on the basis of the basic salary of the
Such leave shall not constitute a disciplinary measure.

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The duration of the leave shall correspond in principle to
The report shall be communicated to the official. He shall
the period until the official reaches pensionable age.
be entitled to make any comments thereon which he
However, in exceptional situations, the appointing
considers relevant.';
authority may decide to put an end to the leave and
reinstate the official.
(26) Article 44 is replaced by the following:
When the official placed on leave in the interests of the
service reaches pensionable age, he shall automatically be
retired.
'Article 44
An official who has been at one step in his grade for two
Leave in the interests of the service shall be governed by
years shall automatically advance to the next step in that
the following rules:
grade, unless his performance has been evaluated as unsat
isfactory pursuant to the last annual report referred to in
Article 43. An official shall advance to the next step in his
grade after no later than four years, unless the procedure
(a) another official may be appointed to the post occupied
laid down in Article 51(1) is applied.
by the official;
(b) an official on leave in the interests of the service shall
If an official is appointed head of unit, director or director-
not be entitled to advancement to a higher step or
general in the same grade, and provided that his
promotion in grade.
performance has been satisfactory within the meaning of
Article 43 during the first nine months following his
appointment, he shall retroactively benefit from
An official thus placed on leave shall receive an allowance
advancement by one step in that grade at the time the
calculated in accordance with Annex IV.
appointment comes into effect. This advancement shall
lead to an increase in his basic monthly salary
corresponding to the percentage between the first and
the second step in each grade. If the increase is less or if
At the official's request, the allowance shall be subject to
the official at that time is already in the last step of his
contributions to the pension scheme, calculated on the
grade, he shall receive an increase in basic salary ensuring
basis of that allowance. In such a case, the period of
the increase between the first and second step until his
service as an official on leave in the interests of the
next promotion comes into effect.';
service shall be taken into account for the purpose of
calculating years of pensionable service within the
meaning of Article 2 of Annex VIII.
(27) Article 45 is amended as follows:
The allowance shall not be subject to a correction coef
ficient.';
(a) paragraph 1 is replaced by the following:
(25) Article 43 is replaced by the following:
'1. Promotion
shall
be
by
decision
of
the
appointing
authority in the light of Article 6(2). Unless the
'Article 43
procedure laid down in Articles 4 and 29(1) is
applied, officials may only be promoted if they
The ability, efficiency and conduct in the service of each
occupy a post which corresponds to one of the
official shall be the subject of an annual report as provided
types of posts set out in Annex I, Section A, for the
for by the appointing authority of each institution in
next higher grade. Promotion shall be effected by
accordance with Article 110. That report shall state
appointment of the official to the next higher grade
whether or not the performance level of the official has
in the function group to which he belongs. Promotion
been satisfactory. The appointing authority of each insti
shall be exclusively by selection from among officials
tution shall lay down provisions conferring the right to
who have completed a minimum of two years in their
lodge an appeal within the reporting procedure, which has
grade after consideration of the comparative merits of
to be exercised before the lodging of a complaint as
the officials eligible for promotion. When considering
referred to in Article 90(2).
comparative merits, the appointing authority shall in
particular take account of the reports on the officials,
the use of languages in the execution of their duties
As of grade AST 5, the report may also contain an
other than the language for which they have produced
opinion as to whether the official, on the basis of his
evidence of thorough knowledge in accordance with
performance, has the potential to carry out an adminis
point (f) of Article 28 and the level of responsibilities
trator's function.
exercised by them.';

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(b) in the first sentence of paragraph 2, the words
2. The
official
shall
have
the
right
to
obtain
his
'Article 55 of the Treaty on European Union' are
complete personal file and to take copies of all
replaced by 'Article 55(1) of the Treaty on European
documents relating to the procedure. He shall have at
Union';
least 15 days, but no more than 30 days, from the date
of receipt of the proposal to prepare a defence. He may be
assisted by a person of his choice. The official may submit
written comments. He shall be heard by the Joint Advisory
(c) in the second sentence of paragraph 2, the word 'insti
Committee. The official may also call witnesses.
tutions' is replaced by 'appointing authorities of the
institutions';
3. The
institution
shall
be
represented
before
the
Joint
(28) Article 45a is amended as follows:
Advisory Committee by an official designated for that
purpose by the appointing authority. That official shall
have the same rights as the official concerned.
(a) in the first subparagraph of paragraph 2, the words
'their periodical reports' are replaced by 'the annual
reports';
4. In
the
light
of
the
proposal
under
point
(b)
of
paragraph 1 and any written and oral statements from
the official concerned or from witnesses, the Joint
Advisory Committee shall deliver by a majority a
(b) in paragraph 5, the word 'institutions' is replaced by
'
reasoned opinion stating the measure which it considers
appointing authority of each institution';
appropriate in the light of the facts established at its
request. It shall forward that opinion to the appointing
authority and to the official concerned within two
(29) In the third paragraph of Article 48, the words 'function
months of the date on which the matter is referred to it.
group AST' are replaced by 'function groups AST and
The chairman shall not vote on decisions of the Joint
AST/SC';
Advisory Committee, except in procedural matters and
where votes are tied.
(30) In the eighth paragraph of Article 50, the words 'fifty-five'
are replaced by 'fifty-eight';
5. An official dismissed for incompetence shall, for the
period defined in paragraph 6, be entitled to a monthly
dismissal allowance equal to the basic monthly salary of an
official in the first step of grade AST 1. The official shall
(31) Article 51 is replaced by the following:
also be entitled during the same period to the family
allowances provided for in Article 67. The household
allowance shall be calculated on the basis of the basic
'Article 51
monthly salary of an official in grade AST 1 in accordance
with Article 1 of Annex VII.
1. The
appointing
authority
of
each
institution
shall
define procedures to identify, deal with and remedy cases
of incompetence in a timely and appropriate fashion.
The allowance shall not be paid if the official resigns after
the start of the procedure referred to in paragraphs 1 and
When adopting internal provisions, the appointing
2 or if he is entitled to the immediate payment of a full
authority of each institution shall respect the following
pension. If he is entitled to unemployment benefit under a
requirements:
national unemployment scheme, the amount of that
benefit shall be deducted from the above allowance.
(a) an official who, on the basis of three consecutive
unsatisfactory annual reports as referred to in
6. The period during which the payments referred to in
Article 43, still shows no progress in his professional
paragraph 5 are to be made shall be:
competence shall be downgraded by one grade. If the
following two annual reports still show unsatisfactory
performance, the official shall be dismissed;
(a) three months where the official has completed less
than five years’ service at the date on which the
dismissal decision is taken;
(b) any proposal to downgrade or dismiss an official shall
set out the reasons on which it is based and shall be
communicated to the official concerned. The proposal
from the appointing authority shall be referred to the
(b) six months where the official has completed at least
Joint Advisory Committee provided for in Article 9(6).
five years’ service but less than 10;

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(c) nine months where the official has completed at least
(a) the paragraphs shall be numbered;
10 years’ service but less than 20;
(b) the first sentence of the second paragraph is replaced
(d) 12 months where the official has completed at least 20
by the following:
years’ service.
'The normal working week shall range from 40 to 42
7. Officials
who
are
downgraded
on
grounds
of
incom
hours, the hours of the working day to be determined
petence may after a period of six years ask for all
by the appointing authority';
references to that measure to be deleted from their
personal files.
(c) the second sentence of the third paragraph is replaced
by the following:
8. Officials
shall
be
entitled
to
reimbursement
of
reasonable expenses incurred on their initiative in the
course of the proceedings, including fees payable to a
'The appointing authority of each institution shall lay
defending adviser not belonging to the institution, where
down detailed rules for the application of this
the proceedings provided for in this Article end without
paragraph after consulting the Staff Committee';
any decision being taken to dismiss or downgrade.';
(d) the following paragraph is added:
(32) Article 52 is replaced by the following:
'4. The
appointing
authority
of
each
institution
may
'
introduce flexible working-time arrangements. Under
Article 52
those arrangements, entire working days shall not be
Without prejudice to the provisions of Article 50, an
granted for officials in grade AD/AST 9 or higher.
official shall be retired:
Those arrangements shall not be applicable to
officials to whom the provisions of the second
paragraph of Article 44 apply. Those officials shall
manage their working time in agreement with their
(a) either automatically on the last day of the month in
superiors.';
which he reaches the age of 66, or
(34) In Article 55a, paragraph 2 is replaced by the following:
(b) at his own request on the last day of the month in
respect of which the request was submitted where he
has reached pensionable age or where he is between
'2. The
official
shall
be
entitled
to
authorisation
in
the
58 and pensionable age and satisfies the requirements
following cases:
for immediate payment of a pension in accordance
with Article 9 of Annex VIII. The second sentence of
the second paragraph of Article 48 shall apply by
analogy.
(a) to care for a dependent child under 9 years of age,
(b) to care for a dependent child aged between 9 and 12,
However, an official may at his own request, and where
if the reduction in working time is no more than 20 %
the appointing authority considers it justified in the
of normal working time,
interests of the service, carry on working until the age
of 67, or exceptionally, until the age of 70, in which
case he shall be retired automatically on the last day of
the month in which he reaches that age.
(c) to care for a dependent child until he reaches the age
of 14 when the official is a single parent,
Where the appointing authority decides to authorise an
official to remain in service beyond the age of 66, that
(d) in cases of serious hardship, to care for a dependent
authorisation shall be granted for a maximum duration of
child until he reaches the age of 14 if the reduction in
one year. It may be renewed at the official's request.';
working time is no more than 5 % of normal working
time. In that case, the first two paragraphs of Article 3
of Annex IVa shall not apply. Where both parents are
employed in the service of the Union, only one shall
(33) Article 55 is amended as follows:
be entitled to such reduction,

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(e) to care for a seriously ill or disabled spouse, relative in
(38) The second paragraph of Article 56c is replaced by the
the ascending line, relative in the descending line,
following:
brother or sister,
'After consulting the Staff Regulations Committee, the
(f) to take part in further training, or
Commission shall determine, by means of delegated acts
in accordance with Articles 111 and 112, the categories of
officials entitled to the special allowances, the conditions
for granting such allowances and the rates thereof.';
(g) as of the age of 58 during the last three years before
he reaches pensionable age.
(39) In the first paragraph of Article 57, the word 'institutions'
is replaced by 'appointing authorities of the institutions';
Where part-time is requested in order to take part in
further training, or during the last three years before
reaching pensionable age, but not before the age of 58,
(40) Article 58 is replaced by the following:
the appointing authority may refuse authorisation or
postpone its date of effect only in exceptional circum
stances and for overriding service-related reasons.
'Article 58
Pregnant women shall, in addition to the leave provided
Where such entitlement to authorisation is exercised to
for in Article 57, be entitled on production of a medical
care for a seriously ill or disabled spouse, relative in the
certificate to 20 weeks of leave. The leave shall start not
ascending line, relative in the descending line, brother or
earlier than six weeks before the expected date of
sister, or to take part in further training, the total of all
confinement shown in the certificate and end not earlier
such periods shall not exceed five years over the official's
than 14 weeks after the date of confinement. In the case
career.';
of multiple or premature birth or the birth of a child with
a disability or serious illness, the duration shall be 24
weeks. Premature birth for the purposes of this provision
is a birth taking place before the end of the 34th week of
(35) The third paragraph of Article 56 is replaced by the
pregnancy.';
following:
(41) Article 61 is replaced by the following:
'As provided in Annex VI, overtime worked by officials in
grades SC 1 to SC 6 and grades AST 1 to AST 4 shall
entitle them either to compensatory leave or to remun
'
eration where requirements of the service do not allow
Article 61
compensatory leave during two months following that in
Lists of public holidays shall be drawn up by agreement
which the overtime was worked.';
between the appointing authorities of the institutions of
the Union after consulting the Staff Regulations
Committee';
(36) The second paragraph of Article 56a is replaced by the
following:
(42) Article 63 is replaced by the following:
'After consulting the Staff Regulations Committee, the
Commission shall determine, by means of delegated acts
'Article 63
in accordance with Articles 111 and 112, the categories of
Officials’ remuneration shall be expressed in euros. It shall
officials entitled to such allowances, the conditions for
be paid in the currency of the country in which the official
granting the allowances and the rates thereof.';
performs his duties or in euros.
(37) The second paragraph of Article 56b is replaced by the
Remuneration paid in a currency other than euros shall be
following:
calculated on the basis of the exchange rates used for the
implementation of the general budget of the European
Union on 1 July of that year.
'After consulting the Staff Regulations Committee, the
Commission shall determine, by means of delegated acts
in accordance with Articles 111 and 112, the categories of
Every year the exchange rates shall be updated retro
officials entitled to such allowances, the conditions for
actively at the time of the annual update of remuneration
granting the allowances and the rates thereof.';
provided for in Article 65.';

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(43) Article 64 is replaced by the following:
96(7), 133, 134 and 136 of the Conditions of
Employment of Other Servants, the amounts referred to
in the first subparagraph of Article 1(1) of Council Regu
lation (ECSC, EEC, Euratom) No 300/76 (*) and the coef
'Article 64
ficient for the amounts referred to in Article 4 of Council
Regulation (EEC, Euratom, ECSC) No 260/68 (**) shall be
An official's remuneration expressed in euros shall, after
updated annually in accordance with Annex XI. The
the compulsory deductions set out in these Staff Regu
Commission shall publish the updated amounts within
lations or in any implementing regulations have been
two weeks after the update in the C series of the Official
made, be weighted at a rate above, below or equal to
Journal of the European Union for information purposes.
100 %, depending on living conditions in the various
places of employment.
2. In the event of a substantial change in the cost of
living, the amounts referred to in paragraph 1 and the
The correction coefficients shall be created or withdrawn
weightings referred to in Article 64 shall be updated in
as well as annually updated in accordance with Annex XI.
accordance with Annex XI. The Commission shall publish
With respect to the update, all values shall be understood
the updated amounts and weightings within two weeks
as reference values. The Commission shall publish the
after the update in the C series of the Official Journal of
updated values within two weeks after the update in the
the European Union for information purposes.
C series of the Official Journal of the European Union for
information purposes.
3. The
amounts
referred
to
in
paragraph
1
and
the
No correction coefficient shall be applicable in Belgium
weightings referred to in Article 64 shall be understood
and Luxembourg, having regard to the special referential
as amounts and weightings the actual value of which at a
role of those places of employment as principal and
given point in time is subject to update without inter
original seats of most of the institutions.';
vention of another legal act.
(44) Article 65 is replaced by the following:
4. Without
prejudice
to
Article
3(5)
and
(6)
of
Annex
XI, no update provided for under paragraphs 1 and 2 shall
be made in the years 2013 and 2014.
'Article 65
1. The
remuneration
of
the
officials
and
other
servants
___________
of the European Union shall be updated every year, taking
(*) Council Regulation (ECSC, EEC, Euratom) No 300/76
into account the economic and social policy of the Union.
of 9 February 1976 determining the categories of
Particular account shall be taken of any salary increases in
officials entitled to allowances for shift work, and
the civil service of the Member States and of recruitment
the rates and conditions thereof (OJ L 38, 13.2.1976,
needs. The update of the remuneration shall be imple
p. 1).
mented in accordance with Annex XI. That update shall
(**) Council Regulation (EEC, Euratom, ECSC) No 260/68
take place before the end of each year in the light of a
of 29 February 1968 laying down the procedure and
report by the Commission based on statistical data
the conditions for applying the tax for the benefit of
prepared by the Statistical Office of the European Union
the European Communities (OJ L 56, 4.3.1968,
in agreement with the national statistical offices of the
p. 8.).';
Member States; the statistical data shall reflect the
situation as at 1 July in each of the Member States. That
report shall contain data pertaining to the budgetary
impact of remuneration and pensions of Union officials.
It shall be transmitted to the European Parliament and to
(45) Article 66 is amended as follows:
the Council.
The amounts referred to in the second and third para
(a) the introductory sentence of the first paragraph is
graphs of Article 42a, Articles 66 and 69, Articles 1(1),
replaced by the following:
2(1), 3(1) and (2), 4(1), 7(2), 8(2), 10(1) of Annex VII and
Article 8(2) of Annex XIII, and in the former Article 4a of
Annex VII to be updated in accordance with Article 18(1)
of Annex XIII, the amounts referred to in Article 24(3), the
'Basic monthly salaries are for each grade and step in
second subparagraph of Article 28a(3), Articles 28a(7), 93,
function groups AD and AST as provided in the
94, the second subparagraph of Article 96(3) and Articles
following table:'

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(b) the following paragraph is added:
'Basic monthly salaries are for each grade and step in function group AST/SC as provided in the
following table:
Step
Grade
1
2
3
4
5
SC 6 4
349,59 4
532,36 4
722,82 4
854,21 4
921,28
SC 5 3
844,31 4
005,85 4
174,78 4
290,31 4
349,59
SC 4 3
397,73 3
540,50 3
689,28 3
791,92 3
844,31
SC 3 3
003,02 3
129,21 3
260,71 3
351,42 3
397,73
SC 2 2
654,17 2
765,70 2
881,92 2
962,10 3
003,02
SC 1 2
345,84 2
444,41 2
547,14 2
617,99 2
654,17'
(46) Article 66a is replaced by the following:
'3. The
dependent
child
allowance
may
be
doubled,
by
special reasoned decision of the appointing authority based
'
on medical documents establishing that the child
Article 66a
concerned has a disability or a long-term illness which
1.
By way of derogation from Article 3(1) of Regulation
involves the official in heavy expenditure.';
(EEC, Euratom, ECSC) No 260/68 and in order to take
account, without prejudice to Article 65(3), of the appli
cation of the method for updating the remuneration and
(48) Article 72 is amended as follows:
pensions of officials, a temporary measure regarding
remuneration paid by the Union to staff in active
(a) in the first sentence of the first subparagraph of
employment, to be known as the "solidarity levy", shall
paragraph 1 and in the third subparagraph of
be applied from 1 January 2014 to 31 December 2023.
paragraph 1, the word 'institutions' is replaced by
'appointing authorities of the institutions';
2. The rate of this solidarity levy, which shall apply to
the base defined in paragraph 3, shall be 6 %. The rate
shall however be 7 % for officials in grade AD 15, step 2,
(b) in paragraph 2, the words 'until the age of 63 years'
and above.
are replaced by 'until pensionable age';
3. (a) The base for the solidarity levy shall be the basic
(c) in points (i) and (ii) of paragraph 2a, the words 'before
salary used to calculate remuneration, minus:
reaching the age of 63' are replaced by 'before
reaching pensionable age';
(i) social security and pension contributions and
the tax, before solidarity levy, payable by an
(d) in paragraph 2b, the words 'grade 1' are replaced by
official in the same grade and step without
'grade AST 1';
dependants within the meaning of Article 2 of
Annex VII, and
(49) In Article 73(1), the word 'Institutions' is replaced by
'appointing authorities of the institutions';
(ii) an amount equal to the basic salary of an official
in grade AST 1, step 1.
(50) In the second sentence of Article 76a, the word 'institu
tions' is replaced by 'appointing authorities of the institu
(b) The components used to determine the base for the
tions';
solidarity levy shall be expressed in euro and
weighted at 100.
(51) Article 77 is replaced by the following:
4. The
solidarity
levy
shall
be
deducted
monthly
at
'Article 77
source; the proceeds shall be entered as revenue in the
general budget of the European Union.';
An official who has completed at least ten year's service
shall be entitled to a retirement pension. He shall,
however, be entitled to such pension, irrespective of
(47) Article 67(3) is replaced by the following:
length of service, if he is over pensionable age, if it has

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not been possible to reinstate him during a period of non-
amount of the retirement pension shall be based on the
active status or in the event of retirement in the interests
salary for the grade and step occupied by the official when
of the service.
he became an invalid.
The maximum retirement pension shall be 70 % of the
The invalidity allowance shall be equal to 70 % of the
final basic salary carried by the last grade in which the
official's last basic salary. However, it may not be less
official was classified for at least one year. 1,80 % of that
than the minimum subsistence figure.
final basic salary shall be payable to an official for each
year of service reckoned in accordance with Article 3 of
Annex VIII.
The invalidity allowance shall be subject to contributions
to the pension scheme, calculated on the basis of that
allowance.
However, in the case of officials who have been assisting a
person holding an office provided for in the Treaty on
European Union or the Treaty on the Functioning of the
Where the invalidity arises from an accident in the course
European Union, the elected President of one of the insti
of or in connection with the performance of an official's
tutions or organs of the Union or the elected Chairman of
duties, from an occupational disease, from a public-spirited
one of the political groups in the European Parliament, the
act or from risking his life to save another human being,
entitlement to pensions corresponding to the years of
the invalidity allowance may not be less than 120 % of the
pensionable service acquired while working in that
minimum subsistence figure. In such cases, moreover,
capacity shall be calculated by reference to the final
contributions to the pension scheme shall be paid in full
basic salary received during that time if the basic salary
from the budget of the institution or body referred to in
received exceeds that taken as reference for the purposes
Article 1b.';
of the second paragraph of this Article.
(53) The sixth paragraph of Article 80 is replaced by the
The amount of the retirement pension must not be less
following:
than 4 % of the minimum subsistence figure per year of
service.
'Entitlement as provided for in the first, second and third
The pensionable age shall be 66 years.
paragraphs shall apply in the event of the death of a
former official entitled to an allowance under Article 50
of the Staff Regulations, Article 5 of Council Regulation
The pensionable age shall be assessed every five years
(EEC, Euratom, ECSC) No 259/68 (*), Article 3 of Council
starting on 1 January 2014 on the basis of a report by
Regulation (Euratom, ECSC, EEC) No 2530/72 (**) or
the Commission to the European Parliament and to the
Article 3 of Council Regulation (ECSC, EEC Euratom)
Council. The report shall examine, in particular, the
No 1543/73 (***) and in the event of the death of a
evolution of pensionable age for staff in the civil services
former official who left the service before reaching
of the Member States and the evolution of life expectancy
pensionable age and requested that his retirement
of officials of the institutions.
pension be deferred until the first day of the calendar
month following that in which he reached pensionable
age.
Where appropriate, the Commission shall make a proposal
amending the pensionable age in line with the conclusions
___________
of that report, paying particular attention to developments
(*) Council Regulation (EEC, Euratom, ECSC) No 259/68
in the Member States.';
of 29 February 1968 laying down the Staff Regu
lations and the Conditions of Employment of Other
Servants of the European Communities and insti
(52) Article 78 is replaced by the following:
tuting special measures temporarily applicable to
officials of the Commission (OJ L 56, 4.3.1968,
'
p. 1).
Article 78
(**) Council Regulation (Euratom, ECSC, EEC)
An official shall be entitled, in the manner provided for in
No 2530/72 of 4 December 1972 introducing
Articles 13 to 16 of Annex VIII, to an invalidity allowance
special and temporary measures applicable to the
in the case of total permanent invalidity preventing him
recruitment of officials of the European Communities
from performing the duties corresponding to a post in his
in consequences of the accession of new Member
function group.
States, and for the termination of service of
officials of those Communities (OJ L 272, 5.12.1972,
p. 1).
Article 52 shall apply by analogy to recipients of an
(***) Council Regulation (ECSC, EEC Euratom)
invalidity allowance. If the recipient of an invalidity
No 1543/73 of 4 June 1973 introducing special
allowance retires before the age of 66 without having
measures temporarily applicable to officials of the
reached the maximum pension entitlement, the general
European Communities paid from research and
rules on retirement pensions shall be applied. The
investment funds (OJ L 155, 11.6.1973, p. 1).';

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(54) Article 81a(1) is amended as follows:
maintain actuarial balance, the rate shall be updated, in
accordance with the arrangements laid down in Annex XII.
(a) in point (b), the words 'age of 65' are replaced by 'age
of 66';
5. For the purposes of paragraphs 3 and 4 of this
Article, the reference figure set out in Article 83(2) shall
be updated. The Commission shall publish the resulting
(b) point (d) is replaced by the following:
updated rate of contribution within two weeks after the
update in the C series of the Official Journal of the European
Union for information purposes';
'(d) in the event of the death of a former official who
left the service before reaching pensionable age
and requested that his retirement pension be
deferred until the first day of the calendar
(58) Title VIII is deleted;
month following that in which he reached
pensionable age, the amount of the retirement
pension to which he would have been entitled
(59) Article 110 is replaced by the following:
at pensionable age had he been alive, subject to
the allowances and deductions referred to in
point (b)';
'Article 110
1. The
general
provisions
implementing
these
Staff
(c) in point (e), the words 'allowance under Article 41 or
Regulations shall be adopted by the appointing authority
50' are replaced by 'allowance under Article 41, 42c
of each institution after consulting the Staff Committee
or 50';
and the Staff Regulations Committee.
(55) Article 82(2) is replaced by the following:
2. Implementing
rules
adopted
by
the
Commission
to
give effect to these Staff Regulations, including the general
implementing provisions referred to in paragraph 1, shall
'2. Where
remuneration
is
updated
in
accordance
with
apply by analogy to the agencies. To that end, the
Article 65(1), the same update shall be applied to
Commission shall inform the agencies of any such imple
pensions.';
menting rule without delay after adoption.
(56) The second subparagraph of Article 83(1) is deleted;
Such implementing rules shall enter into force at the
agencies nine months after their entry into force at the
Commission or nine months after the date on which the
(57) Paragraphs 2, 3,4 and 5 of Article 83a are replaced by the
Commission informed the agencies of the adoption of the
following:
respective implementing rule, whichever is later. Notwith
standing the foregoing, an agency may also decide that
'
such implementing rules are to enter into force at an
2. Agencies
which
do
not
receive
a
subsidy
from
the
earlier date.
general budget of the European Union shall pay into that
budget the entire amount of the contributions needed to
finance the scheme. From 1 January 2016 agencies which
are partly financed from that budget shall pay the part of
By way of derogation, an agency may, before the expiry of
the employers’ contributions which corresponds to the
the nine-month period referred to in the second
proportion between the agency's revenues without the
subparagraph of this paragraph and after consulting its
subsidy from the general budget of the European Union
Staff Committee, submit to the Commission for its
and its total revenues.
agreement implementing rules which are different from
those adopted by the Commission. Under the same
conditions, an agency may request the agreement of the
3. The
balance
of
the
pension
scheme
shall
be
ensured
Commission to the non-application of certain of those
by the pensionable age and the rate of contribution to the
implementing rules. In the latter case, the Commission
scheme. On the occasion of the five-yearly actuarial
may, instead of accepting or rejecting the request,
assessment in accordance with Annex XII, the rate of
require the agency to submit for its agreement imple
contribution to the pension scheme shall be updated in
menting rules which are different from those adopted by
order to ensure the balance of the scheme.
the Commission.
4. Each year the Commission shall update the actuarial
The nine-month period referred to in the second
assessment referred to in paragraph 3, in accordance with
subparagraph of this paragraph shall be suspended from
Article 1(2) of Annex XII. Where it is shown that there is a
the date on which the agency has requested the Commis
gap of at least 0,25 points between the rate of
sion's agreement until the date on which the Commission
contribution currently applied and the rate required to
has expressed its position.

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An agency may also, after consulting its Staff Committee,
aspects of working conditions, certain aspects of the
submit to the Commission for its agreement implementing
implementation of the rules on remuneration and the
rules which concern subjects other than the implementing
social security scheme.
rules adopted by the Commission.
Article 112
For the purposes of the adoption of implementing rules,
the agencies shall be represented by the management
1. The
power
to
adopt
delegated
acts
is
conferred
on
board or the equivalent body referred to in the Union
the Commission subject to the conditions laid down in
act establishing them.
this Article.
3. For the purposes of the adoption of rules by
2. The power to adopt delegated acts referred to in
agreement between the institutions, the agencies shall
Articles 56a, 56b and 56c of the Staff Regulations,
not be treated as institutions. However, the Commission
Article 13(3) of Annex VII and Article 9 of Annex XI
shall consult the agencies before the adoption of those
thereto and Articles 28a(11) and 96(11) of the Conditions
rules.
of Employment of Other Servants shall be conferred on
the Commission for an indeterminate period of time from
1 January 2014.
4. Rules
giving
effect
to
these
Staff
Regulations,
including the general implementing provisions referred to
3. The
delegation
of
power
referred
to
in
Articles
56a,
in paragraph 1, and rules adopted by agreement between
56b, 56c of the Staff Regulations, Article 13(3) of Annex
the appointing authorities of the institutions, shall be
VII and Article 9 of Annex XI thereto and Articles 28a(11)
brought to the attention of the staff.
and 96(11) of the Conditions of Employment of Other
Servants may be revoked at any time by the European
Parliament or by the Council. A decision to revoke shall
put an end to the delegation of the power specified in that
5. The
administrative
departments
of
the
institutions
decision. It shall take effect the day following the
and the agencies shall consult each other regularly
publication of the decision in the Official Journal of the
concerning the application of these Staff Regulations.
European Union or at a later date specified therein. It
Agencies shall be jointly represented in those consultations
shall not affect the validity of any delegated acts already
in accordance with rules to be fixed by agreement between
in force.
them.
4. As
soon
as
it
adopts
a
delegated
act,
the
Commission
6. The
Court
of
Justice
of
the
European
Union
shall
shall notify it simultaneously to the European Parliament
administer a register of the rules adopted by the
and to the Council.
appointing authority of each institution to give effect to
these Staff Regulations, and those rules adopted by the
agencies to the extent that they derogate from the rules
adopted by the Commission, in accordance with the
5. A
delegated
act
adopted
pursuant
to
Articles
56a,
procedure provided in paragraph 2, including any
56b, 56c of the Staff Regulations, Article 13(3) of
amendments thereto. Institutions and agencies shall have
Annex VII or Article 9 of Annex XI thereto or Articles
direct access to that register and the full right to amend
28a(11) or 96(11) of the Conditions of Employment of
their own rules. Member States shall have direct access to
Other Servants shall enter into force only if no objection
it. Moreover, every three years, the Commission shall
has been expressed either by the European Parliament or
present a report to the European Parliament and the
the Council within a period of two months of notification
Council on the rules adopted by the appointing
of that act to the European Parliament and the Council or
authority of each institution to give effect to these Staff
if, before the expiry of that period, the European
Regulations.';
Parliament and the Council have both informed the
Commission that they will not object. That period shall
be extended by two months at the initiative of the
European Parliament or of the Council.
(60) The following Articles are added:
Article 113
'Article 111
The Commission shall, by 31 December 2020, submit a
The Commission shall be empowered to adopt delegated
report to the European Parliament and to the Council
acts in accordance with Article 112 concerning certain
assessing the functioning of these Staff Regulations.';

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(61) Annex I is amended as follows:
Grade Assistants Administrators
13
— 15
%
(a) Section A is replaced by the following:
12
— 15
%
'A. Types of posts in each function group, as
11
— 25
%
provided for in Article 5(4)
10 20
% 25
%
1. Function group AD
9 8
% 25
%
Director-General
AD 15 - AD 16
8 25
% 33
%
Director
AD 14 - AD 15
7 25
% 36
%
Adviser or equivalent
AD 13- AD 14
6 25
% 36
%
Head of unit or equivalent
AD 9 - AD 14
5 25
% 36
%
Administrator
AD 5 - AD 12
4 33
%
—
3 33
%
—
2. Function group AST
2 33
%
—
Senior assistant
AST 10 – AST 11
1 33
%
—
Carrying out administrative,
technical or training activities
requiring a high degree of
2. Multiplication rates for guiding average career
autonomy and carrying significant
responsibilities in terms of staff
equivalence in function group AST/SC:
management, budget implemen
tation or political coordination
Assistant
AST 1 – AST 9
Grade Secretaries
/
Clerks
Carrying out administrative,
technical or training activities
SC 6
—
requiring a certain degree of
autonomy, in particular with
SC 5 12
%
regard to the implementation of
rules and regulations or general
SC 4 15
%
instructions or as personal
assistant of a Member of the insti
SC 3 17
%
tution, of the Head of a Member's
private office or of a (Deputy)
Director-General or an equivalent
SC 2 20
%
senior manager
SC 1 25
%'
3. Function group AST/SC
(62) Annex II is amended as follows:
Secretary/Clerk
SC 1 – SC 6
Carrying out clerical and secretarial
tasks, office management and other
equivalent tasks requiring a certain
(a) in the second sentence of the first paragraph of
degree of autonomy (*)
Article 1, the word 'institution' is replaced by
'appointing authority of each institution';
(*) The number of posts of Parliamentary ushers in the European
Parliament shall not exceed 85.';
(b) the second sentence of the second paragraph of
(b) Section B is replaced by the following:
Article 1 is replaced by the following:
'B. Multiplication rates for guiding average career
equivalence
'However, the appointing authority of each institution
may decide that the conditions for election are to be
1. Multiplication rates for guiding average career
determined in accordance with the preference of the
equivalence in function groups AST and AD:
staff of the institution as expressed in a referendum';

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(c) in the fourth paragraph of Article 1, the words 'both
— serious illness of a relative in the ascending line: up
function groups' are replaced by 'the three function
to two days;
groups';
— death of a relative in the ascending line: two days;
(d) in the first indent of the second paragraph of Article 2,
the words 'the third subparagraph of' are deleted;
— marriage of a child: two days;
(63) The Sole Article of Annex IV is amended as follows:
— birth of a child: 10 days, to be taken during the 14
weeks following birth;
(a) in the second subparagraph of paragraph 1, the words
'age of 63 years' are replaced by 'age of 66 years';
— birth of a disabled or seriously ill child: 20 days, to
be taken during the 14 weeks following the birth;
(b) the third subparagraph of paragraph 1 is deleted;
— death of the wife during maternity leave: a number
(c) in the last row of the table in paragraph 3, the words
of days corresponding to the remaining maternity
'59 to 64' are replaced by '59 to 65';
leave; if the deceased wife is not an official, the
remaining maternity leave is determined by
applying the provisions of Article 58 of the Staff
(d) in the fourth subparagraph of paragraph 4, the words
Regulations, by analogy;
'age of 63 years' are replaced by 'age of 66 years';
— serious illness of a child: up to two days;
(64) Annex IVa is amended as follows:
— very serious illness of a child, as certified by a
doctor, or hospitalisation of a child aged 12 or
(a) in the second paragraph of Article 1, the words
'
under: up to five days;
Article 55a(2)(e)' are replaced by 'point (g) of
Article 55a(2)';
— death of a child: four days;
(b) in the first paragraph of Article 4, the words 'officials
aged over 55 authorised to work half time in prep
— adoption of a child: 20 weeks, rising to 24 weeks
aration for retirement' are replaced by 'officials auth
in the case of the adoption of a disabled child:
orised, in accordance with point (g) of Article 55a(2)
of the Staff Regulations, to work half time';
Every adopted child shall confer entitlement to
only one period of special leave, which may be
(65) Annex V is amended as follows:
shared between the adoptive parents if both are
officials. It shall be granted only if the official's
spouse engages in a gainful activity at least half-
(a) Article 6 is replaced by the following:
time. If the spouse works outside the institutions of
the Union and benefits from comparable leave, a
corresponding number of days shall be deducted
'Article 6
from the official's entitlement.
In addition to annual leave, an official may, on appli
cation, be granted special leave. In particular, in the
The appointing authority may, in cases of
following cases special leave shall be granted as shown:
necessity, grant additional special leave where the
national legislation of the country in which the
adoption procedure takes place and which is not
— marriage of the official: four days;
the country of employment of the adopting official
requires a stay of one or both adoptive parents.
— change of residence of the official: up to two days;
Special leave of 10 days shall be granted if the
official does not benefit from the full special
— serious illness of spouse: up to three days;
leave of 20 or 24 weeks by reason of the first
sentence of this indent; that additional special
leave shall be granted only once for each adopted
— death of spouse: four days;
child.

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Official Journal of the European Union
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The institution may also grant special leave in the case
(a) for each hour of overtime, he shall be entitled to
of further training and instruction, within the limits
one hour and a half off as compensatory leave; if
laid down in the further training and instruction
the hour of overtime is worked between 22:00
programme drawn up by the institution pursuant to
hours and 07:00 hours or on a Sunday or on a
Article 24a of the Staff Regulations.
public holiday, the entitlement to compensatory
leave shall be two hours off; in the granting of
compensatory leave, account shall be taken of
the requirements of the service and the preference
Special leave may furthermore be granted to officials
of the official concerned;
on an exceptional basis in the case of exceptional work
which goes beyond an official's normal obligations.
Such special leave shall be granted at the latest three
months after the appointing authority has taken a
(b) where the requirements of the service do not
decision on the exceptional character of the work of
permit compensatory leave to be taken during
the official.
two months following that during which the
overtime was worked, the appointing authority
shall authorise remuneration for uncompensated
hours of overtime at the rate of 0,56 % of the
For the purposes of this Article, the unmarried partner
monthly basic salary for each hour of overtime
of an official shall be treated as the spouse where the
on the basis set out in point (a);
first three conditions in point (c) of Article 1(2) of
Annex VII are met.
(c) to qualify for compensatory leave or remuneration
for one hour's overtime, the extra time worked
Where special leave is granted pursuant to this section,
must have been more than thirty minutes.';
any travelling time shall be fixed by special decision
taking into account particular needs.';
(b) Article 3 is replaced by the following:
(b) Article 7 is replaced by the following:
'Article 3
'Article 7
Notwithstanding the foregoing provisions of this
Officials who are entitled to the expatriation or foreign
Annex, remuneration for overtime worked by certain
residence allowance shall be entitled to two and a half
groups of officials in grades SC 1 to SC 6 and grades
days of supplementary leave every year, for the
AST 1 to AST 4 in special conditions may be paid in
purpose of visiting their home country.
the form of a fixed allowance the amount and terms of
which shall be determined by the appointing authority
after consulting the Joint Committee.';
The first paragraph shall apply to officials whose place
of employment is within the territories of the Member
States. If the place of employment is outside those
(67) Annex VII is amended as follows:
territories, the duration of the home leave shall be
fixed by special decision taking into account particular
needs.';
(a) in Article 1(3), the words 'grade 3' are replaced by
'grade AST 3';
(66) Annex VI is amended as follows:
(b) the second subparagraph of Article 3(1) is replaced by
the following:
(a) Article 1 is replaced by the following:
'Article 1
'Entitlement to that allowance shall commence on the
first day of the month in which the child begins to
Within the limits laid down in Article 56 of the Staff
attend a primary educational establishment and shall
Regulations, overtime worked by an official in grade
cease at the end of the month in which the child
SC 1 to SC 6 or grade AST 1 to AST 4 shall entitle
finishes its education or at the end of the month in
him to compensatory leave or to remuneration as
which the child reaches the age of twenty-six, whatever
follows:
is the earliest.';

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(c) Article 7 is replaced by the following:
— EUR 94,74 if the geographical distance between
the places referred to in paragraph 1 is between
600 km and 1 200 km,
'Article 7
1. An
official
shall
be
entitled
to
a
flat-rate
payment
corresponding to the cost of travel for himself, his
— EUR 189,46 if the geographical distance between
spouse and his dependants actually living in his
the places referred to in paragraph 1 is greater than
household:
1 200 km.
(a) on taking up his appointment, from the place
The above kilometric allowances and flat-rate
where he was recruited to the place where he is
supplements shall be updated every year in the same
employed;
proportion as remuneration.
(b) on termination of service within the meaning of
3. By
way
of
derogation
from
paragraph
2,
travel
Article 47 of the Staff Regulations, from the place
expenses which relate to a transfer involving a change
where he is employed to the place of origin as
between a place of employment within the territories
defined in paragraph 4 of this Article;
of the Member States of the European Union and a
place of employment outside those territories or to a
transfer involving a change between places of
employment outside those territories shall be
(c) on any transfer involving a change in the place
reimbursed in the form of a flat-rate payment based
where he is employed.
on the cost of air travel in the class immediately
superior to economy class.
In the event of the death of an official, the surviving
spouse and the dependants shall be entitled to the flat
rate payment under the same conditions.
4. An
official's
place
of
origin
shall
be
determined
when he takes up his appointment, account being
taken in principle of where he was recruited or,
upon express and duly reasoned request, the centre
Travel expenses for children aged less than two years
of his interests. The place of origin as so determined
during the entire calendar year shall not be
may by special decision of the appointing authority be
reimbursed.
changed while the official is in service or when he
leaves the service. While he is in the service,
however, such decision shall be taken only excep
2. The
flat-rate
payment
shall
be
based
on
an
tionally and on production by the official of appro
allowance per kilometre of geographical distance
priate supporting evidence.
between the places referred to in paragraph 1.
The effect of such a change shall not, however, be such
The kilometric allowance shall be:
as to recognise as the centre of the official's interests a
place which is outside the territories of the Member
States of the Union as well as outside the countries
and territories listed in Annex II to the Treaty on the
EUR 0 for every km from 0
to
200
km
Functioning of the European Union and the territories
of the Member States of the European Free Trade
EUR 0,1895 for every km from
201 to 1 000 km
Association.';
EUR 0,3158 for every km from
1 001 to 2 000 km
(d) Article 8 is replaced by the following:
EUR 0,1895 for every km from
2 001 to 3 000 km
EUR 0,0631 for every km from
3 001 to 4 000 km
'Article 8
EUR 0,0305 for every km from
4 001 to 10 000 km
1. Officials
entitled
to
the
expatriation
or
foreign
residence allowance shall be entitled, within the limit
EUR 0 for every km over 10
000
km.
set out in paragraph 2, in each calendar year to a flat-
rate payment corresponding to the cost of travel from
the place of employment to the place of origin as
defined in Article 7 for themselves and, if they are
To the above kilometric allowance shall be added a
entitled to the household allowance, for the spouse
flat-rate supplement amounting to:
and dependants within the meaning of Article 2.

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29.10.2013
Where a husband and wife are both officials of the
EUR 0 for every km from 0
to
200
km
European Union, each has the right in respect of
himself or herself and in respect of dependants to
the flat-rate payment of travelling expenses, in
EUR 0,3790 for every km from
201 to 1 000 km
accordance with the above provisions; each
dependant shall be entitled to one payment only.
EUR 0,6316 for every km from
1 001 to 2 000 km
The payment in respect of dependent children is
fixed at the request of the husband or wife, on the
EUR 0,3790 for every km from
2 001 to 3 000 km
basis of the place of origin of one or other of them.
EUR 0,1262 for every km from
3 001 to 4 000 km
EUR 0,0609 for every km from 4
001
to
10
000
km
Where an official marries during a given year and
EUR 0 for every km over 10
000
km.
thereby becomes entitled to the household allowance,
the travel expenses payable for the spouse shall be
calculated in proportion to the period from the date
of the marriage to the end of the year.
To the above kilometric allowance a flat-rate
supplement shall be added, amounting to:
Any alteration to the basis of calculation which may
— EUR 189,48 if the geographical distance between
arise from changes in family status after the date of
the place of employment and the place of origin is
payment of the sums in question shall not render the
between 600 km and 1 200 km,
official concerned liable to make repayment.
— EUR 378,93 if the geographical distance between
Travel expenses for children aged less than two years
the place of employment and the place of origin is
during the entire calendar year shall not be
greater than 1 200 km.
reimbursed.
The above kilometric allowances and flat-rate
supplements shall be updated every year in the same
2. The
flat-rate
payment
shall
be
based
on
an
proportion as remuneration.
allowance per kilometre of geographical distance
between the official's place of employment and his
place of origin.
3. An
official
whose
service
is
terminated
in
the
course of a calendar year for any reason other than
death or who is on leave on personal grounds during
Where the place of origin as defined in Article 7 is
part of the year shall, if he is in active employment in
outside the territories of the Member States of the
the service of an institution of the Union for less than
Union as well as outside the countries and territories
nine months of that year, be entitled only to part of
listed in Annex II to the Treaty on the Functioning of
the flat-rate payment provided for in paragraphs 1 and
the European Union and the territories of the Member
2, calculated in proportion to the time spent in active
States of the European Free Trade Association, the flat-
employment.
rate payment shall be based on an allowance per
kilometre of geographical distance between the offi
cial's place of employment and the capital city of the
Member State whose nationality he holds. Officials
4. Paragraphs
1,
2
and
3
of
this
Article
shall
apply
whose place of origin is outside the territories of the
to officials whose place of employment is within the
Member States of the Union as well as outside the
territories of the Member States. Officials whose place
countries and territories listed in Annex II to the
of employment is outside the territory of the Member
Treaty on the Functioning of the European Union
States shall be entitled for themselves and, if they are
and the territories of the Member States of the
entitled to receive the household allowance, for their
European Free Trade Association and who are not
spouse and other dependants within the meaning of
nationals of one of the Member States shall not be
Article 2, in each calendar year, to a flat-rate payment
entitled to the flat-rate payment.
for travel expenses to their place of origin, or to
repayment of travel expenses to another place not
exceeding the expense of travel to the place of
origin. However, if the spouse and the persons
referred to in Article 2(2) do not live with the
The kilometric allowance shall be:
official at the place of employment, they shall be

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Journal
of
the
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Union L
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entitled each calendar year to reimbursement of travel
'3. The
Commission
shall
review
every
two
expenses from the place of origin to the place of
years the rates set out in point (a) of paragraph
employment or to another place not exceeding the
2. That review shall take place in the light of a
cost of the former journey.
report on the prices of hotels, restaurants and
catering services, and shall be based on the
indexes on the evolution of such prices. For the
purpose of that review, the Commission shall act
The flat-rate payment shall be based on the cost of air
by means of delegated acts in accordance with
travel in economy class.';
Articles 111 and 112 of the Staff Regulations.';
(e) Article 9 is replaced by the following:
(ii) the following paragraph is added:
'Article 9
'4. By
way
of
derogation
from
paragraph
1,
1. Within
the
limits
of
costs
ceilings,
officials
accommodation costs incurred by officials for
obliged to change their place of residence in order to
missions to the principal places of work of their
comply with Article 20 of the Staff Regulations upon
institution as referred to in Protocol No 6 to the
entry into service or on a subsequent change of place
Treaty on the Functioning of the European Union
of employment while in service and who have not
may be reimbursed on the basis of a flat-rate sum
been reimbursed in respect of the same expenses
which shall not exceed the maximum fixed for the
from another source, shall be entitled to the
Member States in question.';
reimbursement of expenses incurred in respect of the
removal of furniture and personal effects, including the
cost of insurance against ordinary risks (notably
(g) in Article 13a, the words 'various institutions' are
breakage, theft, fire).
replaced by 'appointing authorities of the various insti
tutions';
The ceilings shall take into account the official's family
situation at the time of the removal, and the average
(h) Article 17 is amended as follows:
costs of removal and associated insurance.
(i) paragraph 1 is replaced by the following:
General implementing provisions shall be adopted by
the appointing authority of each institution to give
effect to this paragraph.
'1. Payment
shall
be
made
to
each
official
at
the place and in the currency of the country
where he carries out his duties or, at the request
2. On termination of service or on death of an
of the official, in euros in a bank within the
official, the expenses incurred in respect of removal
European Union.';
from the place where he was employed to his place
of origin shall be reimbursed within the limits defined
in paragraph 1. Where the deceased official was
(ii) the first subparagraph of paragraph 2 is replaced
unmarried, the expenses shall be reimbursed to those
by the following:
entitled under him.
'Under the conditions laid down in rules fixed by
3. In
the
case
of
an
established
official,
removal
the appointing authorities of each institution by
shall be effected within one year of the end of his
common consent after consulting the Staff Regu
probationary period. On termination of service,
lations Committee, officials may apply for special
removal shall be effected within three years as
regular transfer of part of their remuneration.';
provided in the second subparagraph of Article 6(4).
Removals effected after the expiry of the time limits set
out in this paragraph shall be reimbursed only in
exceptional cases and by special decision of the
(iii) in the first sentence of paragraph 3, after the
appointing authority.';
words 'shall be made', the words 'in the
currency of the relevant Member State' are
inserted;
(f) Article 13 is amended as follows:
(iv) in the first sentence of paragraph 4, after the
words 'to another Member State', the words 'in
(i) paragraph 3 is replaced by the following:
local currency' are inserted;

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L 287/40
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Official Journal of the European Union
29.10.2013
(68) Annex VIII is amended as follows:
of Article 77 of the Staff Regulations. If between the
age at which entitlement to a retirement pension is
acquired within the meaning of Article 77 of the
Staff Regulations and the age of the person
(a) in point (b) of Article 3, the words 'under Articles 41
concerned at the time, the difference exceeds an
and 50' are replaced by 'under Articles 41, 42c
exact number of years, an extra year shall be added
and 50';
to the reduction.';
(b) Article 5 is replaced by the following:
(e) In the second subparagraph of Article 11(2), the word
'institution' shall be replaced by 'appointing authority
of the institution';
'Article 5
Notwithstanding the provisions of Article 2 of this
(f) Article 12 is amended as follows:
Annex, officials who remain in service after
pensionable age shall be entitled to an increase of
their pension equal to 1,5 % of the basic salary taken
into account for the calculation of their pension per
(i) paragraph 1 is replaced by the following:
year worked after that age, with the proviso that the
total of their pension plus the increase does not exceed
70 % of their final basic salary as referred to in the
'1. An
official
aged
less
than
the
pensionable
second or third paragraph, as the case may be, of
age whose service terminates otherwise than by
Article 77 of the Staff Regulations.
reason of death or invalidity and who is not
entitled to an immediate or deferred retirement
pension shall be entitled on leaving the service:
Such increase shall likewise be payable in the event of
death of an official who has remained in the service
after pensionable age.';
(a) where he has completed less than one year's
service and has not made use of the
arrangement laid down in Article 11(2), to
payment of a severance grant equal to three
(c) in Article 6, the words 'the first step of grade 1' are
times the amounts withheld from his basic
replaced by 'the first step of grade AST 1';
salary in respect of his pension contributions,
after deduction of any amounts paid under
Articles 42 and 112 of the Conditions of
Employment of Other Servants;
(d) Article 9 is replaced by the following:
(b) in other cases, to the benefits provided under
'Article 9
Article 11(1) or to the payment of the actuarial
equivalent of such benefits to a private
An official leaving the service before reaching
insurance company or pension fund of his
pensionable age may request that his retirement
choice, on condition that such company or
pension:
fund guarantees that:
(a) be deferred until the first day of the calendar
(i) the capital will not be repaid;
month following that in which he reaches
pensionable age; or
(ii) a monthly income will be paid from age
60 at the earliest and age 66 at the latest;
(b) be paid immediately, provided that he is not less
than 58 years of age. In that case, the retirement
pension shall be reduced by an amount calculated
(iii) provisions are included for reversion or
by reference to the official's age when he starts to
survivors’ pensions;
draw his pension.
(iv) transfer to another insurance company or
The pension shall be reduced by 3,5 % for every year
other fund will be authorised only if such
before the one in which the official would become
fund fulfils the conditions laid down in
entitled to a retirement pension within the meaning
points (i), (ii) and (iii).';

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(ii) paragraph 2 is replaced by the following:
'A Disciplinary Board, hereinafter referred to as "the
Board", shall be established in each institution, unless
two or more agencies decide, in accordance with
'2. By
way
of
derogation
from
point
(b)
of
paragraph 1a of Article 9 of the Staff Regulations, to
paragraph 1, officials under pensionable age who,
set up a common Board.';
since taking up their duties, have, in order to
establish or maintain pension rights, paid into a
national pension scheme, a private insurance
(c) Article 30 is replaced by the following:
scheme or a pension fund of their choice which
satisfies the requirements set out in paragraph 1,
and whose service terminates for reasons other
'Article 30
than death or invalidity without their qualifying
for an immediate or deferred retirement pension,
Without prejudice to Article 2(3), the appointing
shall be entitled, on leaving the service, to a
authority of each institution shall, if it sees fit, adopt
severance grant equal to the actuarial value of
implementing arrangements for this Annex after
their pension rights acquired during service in the
consulting the Staff Committee';
institutions. In those cases the payments made in
order to establish or maintain their pension rights
under the national pension scheme in application
(70) Annex X is amended as follows:
of Articles 42 or 112 of the Conditions of
Employment of Other Servants shall be deducted
from the severance grant.';
(a) Article 6 is replaced by the following:
(g) in Article 15, the words '63 years' are replaced by 'the
pensionable age'.
'Article 6
An official shall, per calendar year, be entitled to
annual leave of two working days for each month of
(h) in Article 18a, the words 'age of 63 years' are replaced
service.
by 'pensionable age';
Notwithstanding the first paragraph of this Article,
(i) in the second paragraph of Article 27, the word
officials posted already in a third country on
'adjusted' is replaced by 'updated';
1 January 2014 shall be entitled to:
(j) Article 45 is amended as follows:
— three working days from 1 January 2014 until
31 December 2014;
(i) in the third paragraph, the words 'Member State
of residence' are replaced by 'European Union';
— two and half working days from 1 January 2015
until 31 December 2015.';
(ii) in the first sentence of the fourth paragraph, the
words 'in the European Union or' are inserted
(b) Article 7 is replaced by the following:
after the word 'bank';
'Article 7
(iii) in the second sentence of the fourth paragraph,
the words 'in euro into a bank in the country
In the year in which an official takes up or ceases to
where the institution has its headquarters, or' are
perform his duties in a third country, he shall be
deleted;
entitled to two working days leave for each complete
month of service, to two working days for an
incomplete month consisting of more than 15 days
and to one working day for an incomplete month of
(69) Annex IX is amended as follows:
15 days or less.
(a) in Article 2(3), the word 'institutions' is replaced by
'
Where an official, for reasons other than the
appointing authority of each institution';
requirements of the service, has not used up his
annual leave before the end of the current calendar
year, the amount of leave which may be carried over
(b) the first sentence of Article 5(1) is replaced by the
to the following year shall not exceed 14 working
following:
days.';

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L 287/42
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Official Journal of the European Union
29.10.2013
(c) in Article 8, the following paragraph is added:
The appointing authority may decide to grant a
supplementary premium in addition to the allowance
for living conditions in cases where an official has had
'Officials who take part in professional training courses
more than one assignment to a place of employment
pursuant to Article 24a of the Staff Regulations and
considered difficult or very difficult. That supple
who have been granted rest leave pursuant to the first
mentary premium shall not exceed 5 % of the
paragraph of this Article shall undertake, where appro
reference amount referred to in the first subparagraph
priate, to combine their periods of professional
and the appointing authority shall duly substantiate its
training with their rest leave.';
individual decisions in order to respect equality of
treatment, basing itself on the level of difficulty of
the previous assignment.
(d) Article 9(1) is replaced by the following:
'1. Annual
leave
may
be
taken
all
at
once
or
in
2. If
living
conditions
at
the
place
of
employment
several periods, according to what the official desires
are such as to put the official at personal risk, a
and taking account of the requirements of the service.
temporary additional allowance shall be paid to him
It must, however, include at least one period of two
by special reasoned decision of the appointing auth
consecutive weeks.';
ority. That allowance shall be fixed as a percentage of
the reference amount referred to in the first
subparagraph of paragraph 1:
(e) Article 10 is replaced by the following:
'Article 10
— where the authority recommends to its staff not to
settle their families or other dependants in the
1. An
allowance
for
living
conditions
shall
be
fixed,
place of employment, provided that they follow
according to the official's place of employment, as a
that recommendation;
percentage of a reference amount. That reference
amount shall comprise the total basic salary, plus the
expatriation allowance, household allowance and
dependent child allowance, less the compulsory
— where the authority decides to reduce temporarily
deductions referred to in the Staff Regulations or in
the number of staff serving in the place of
the regulations adopted to implement them.
employment.
Where an official is employed in a country in which
In duly justified cases, the appointing authority may
living conditions can be deemed equivalent to those
also determine that a post is a non-family posting. The
normally obtaining in the European Union, no such
above-mentioned allowance shall be paid to staff
allowance shall be payable.
members who respect that determination.
In the case of other places of employment, the
allowance for living conditions shall be fixed taking
3. Detailed
provisions
for
the
application
of
this
into account, inter alia, the following parameters:
Article shall be decided by the appointing authority.';
— health and hospital environment,
(f) in the first sentence of Article 11, the word 'Belgium'
is replaced by 'the European Union';
— security,
— climate,
(g) Article 13 is replaced by the following:
— degree of isolation,
'Article 13
In order to ensure as far as possible that officials enjoy
— other local living conditions.
equivalent purchasing power irrespective of their place
of employment, the weighting referred to in Article 12
shall be updated once a year in accordance with Annex
The allowance for living conditions fixed for each
XI. With respect to the update, all values shall be
place of employment shall be reviewed and, where
understood as reference values. The Commission
appropriate, adjusted each year by the appointing
shall publish the updated values within two weeks
authority after the opinion of the Staff Committee
after the update in the C series of the Official Journal
has been obtained.
of the European Union for information purposes.

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Where, however, in the case of a given country, the
appointing authority waives that obligation for duly
variation in the cost of living measured on the basis of
justified reasons linked to practices and local
the weighting and the corresponding exchange rate is
conditions in the place of employment in the third
found to have exceeded 5 % since the last update, an
country concerned. The accommodation allowance
interim update of the weighting in accordance with the
shall be calculated depending primarily on the official's
procedure laid down in the first paragraph shall take
level of duties and subsequently on the composition of
place.';
his dependent family.
(h) Article 23 is replaced by the following:
The rent shall be reimbursed, provided that the accom
modation has been expressly authorised by the
appointing authority and corresponds primarily to
'Article 23
the official's level of duties and subsequently to the
On the basis of a list of countries to be defined by the
composition of his dependent family.
appointing authority, and where the official is not
provided with accommodation by the institution, the
appointing authority shall either pay the official an
Detailed rules for the application of this Article shall
accommodation allowance or reimburse the rent paid
be laid down by the appointing authority. The accom
by the official.
modation allowance shall not in any case exceed the
costs incurred by the official.';
The accommodation allowance shall be paid upon
presentation of a tenancy agreement unless the
(71) Annex XI is replaced by the following:
'ANNEX XI
RULES FOR IMPLEMENTING ARTICLES 64 AND 65 OF THE STAFF REGULATIONS
CHAPTER 1
ANNUAL UPDATE OF REMUNERATION PROVIDED FOR IN ARTICLE 65(1) OF THE STAFF REGULATIONS
S e c t i o n 1
Factors determining annual updates
Article 1
1. Report from the Statistical Office of the European Union (Eurostat)
For the purposes of the update provided for in Article 65(1) of the Staff Regulations and in Article 13 of Annex X,
Eurostat shall draw up every year before the end of October a report on changes in the cost of living in Belgium and
Luxembourg, the economic parities between Brussels and certain places in the Member States and in third countries where
necessary, and changes in the purchasing power of salaries in national civil services in central government.
2. Changes in the cost of living in Belgium and Luxembourg
Eurostat shall draw up an index to measure changes in the cost of living for officials of the Union in Belgium and
Luxembourg. That index (hereinafter the "Joint Index") shall be calculated by weighting national inflation (as measured by
the Harmonised Indices of Consumer Prices (HICP) in the case of Belgium and the Consumer Prices Index (CPI) in the case
of Luxembourg) between June of the previous year and June of the current year according to the distribution of the staff
serving in those Member States.
3. Changes in the cost of living outside Brussels
(a) Eurostat shall, in agreement with national statistical institutes or other appropriate authorities in the Member States as
defined in Regulation (EC) No 223/2009 of the European Parliament and of the Council (*) (hereinafter "national
statistical institutes or other appropriate authorities in the Member States"), calculate the economic parities which
establish the equivalence of purchasing power:
(*) Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European Statistics and repealing
Regulation (EC, Euratom) No 1101/2008 of the European Parliament and of the Council on the transmission of data subject to
statistical confidentiality to the Statistical Office of the European Communities, Council Regulation (EC) No 322/97 on Community
Statistics, and Council Decision 89/382/EEC, Euratom establishing a Committee on the Statistical Programmes of the European
Communities (OJ L 87, 31.3.2009, p. 164).

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Official Journal of the European Union
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(i) of the salaries of officials of the Union serving in the capitals of the Member States, except for the Netherlands
where The Hague is used instead of Amsterdam, and in certain other places of employment with reference to
Brussels,
(ii) of the pensions of officials paid in the Member States with reference to Belgium.
(b) The economic parities shall refer to the month of June each year.
(c) The economic parities shall be calculated in such a way that each basic component can be updated twice per year and
checked by a direct survey at least once every five years. Eurostat shall update the economic parities using the change
in the Harmonised Index of Consumer Prices of the Member States and the most appropriate indices as defined by the
Working Group on Articles 64 and 65 of the Staff Regulations referred to in Article 13.
(d) Outside Belgium and Luxembourg, changes in the cost of living during the reference period shall be measured by the
implicit indices. Those indices are calculated by multiplying the Joint Index by the change in the economic parity.
4. Changes in the purchasing power of salaries of national civil servants in central government (specific indicators)
(a) For the purpose of measuring the percentage change, either upward or downward, in the purchasing power of salaries
in the national civil services, Eurostat shall, on the basis of information supplied before the end of September by the
national statistical institutes or other appropriate authorities in the Member States, calculate specific indicators
reflecting changes in the real remuneration of civil servants in central government, between the month of July of
the previous year and the month of July of the current year. The two should include one twelfth of all annually-paid
elements.
The specific indicators shall take two forms:
(i) one indicator for each of the function groups as they are defined in the Staff Regulations,
(ii) an average indicator weighted to reflect the number of national civil servants corresponding to each function
group.
Each of those indicators shall be established in real gross and real net terms. For the transition from gross to net,
account shall be taken of statutory deductions and general taxation factors.
To establish the gross and net indicators for the European Union total, Eurostat shall use a sample composed of the
following Member States: Belgium, Germany, Spain, France, Italy, Luxembourg, Netherlands, Austria, Poland, Sweden
and United Kingdom. The European Parliament and the Council, acting on a Commission proposal under Article 336
of the Treaty on the Functioning of the European Union, may adopt a new sample which represents at least 75 % of
the Union gross domestic product (GDP) and which will apply from the year following its adoption. The results per
country shall be weighted in proportion to the appropriate national GDP aggregate measured using purchasing power
parities as shown in the most recent statistics published in accordance with the national accounts definitions in the
European System of Accounts currently in force.
(b) At the request of Eurostat, the national statistical institutes or other appropriate authorities in the Member States shall
supply it with the additional information which it considers necessary in order to draw up a specific indicator
accurately measuring changes in the purchasing power of national civil servants.
If, after further consultation of the national statistical institutes or other appropriate authorities in the Member States,
Eurostat finds statistical anomalies in the information obtained or finds it impossible to draw up indicators which
measure with statistical accuracy the changes in the real income of civil servants in a given Member State, it shall
report to the Commission and provide it with all the material it needs to make an assessment.
(c) Besides the specific indicators, Eurostat shall calculate appropriate control indicators. One such indicator shall be in
the form of data on real per capita emoluments in central government, drawn up in accordance with the national
accounts definitions in the European System of Accounts currently in force.
The Eurostat report on the specific indicators shall be accompanied by comments on the differences between those
indicators and the control indicators referred to in this point.

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Article 2
For the purposes of Article 15 of this Annex the Commission shall regularly survey the recruitment needs of the
institutions.
S e c t i o n 2
Arrangements for the annual update of remuneration and pensions
Article 3
1. Under Article 65 of the Staff Regulations, on the basis of the criteria set out in Section 1 of this Annex, the
remuneration and pensions shall be updated before the end of each year, with effect from 1 July.
2. The amount of the update shall be obtained by multiplying the Joint Index by the specific indicator. The update
shall be in net terms as a uniform across-the-board percentage.
3. The amount of the update thus fixed shall be incorporated, in accordance with the following method, in the basic
salary tables appearing in Article 66 of the Staff Regulations and in Annex XIII to the Staff Regulations and in Articles 20,
93 and 133 of the Conditions of Employment of Other Servants:
(a) the net remuneration and net pension without correction coefficient shall be increased or reduced by the update
referred to above,
(b) the new table of basic salaries shall be drawn up by calculating the gross amount which, after deduction of tax having
regard to paragraph 4 and compulsory deductions for social security and pension contributions, corresponds to the
net amount,
(c) the conversion of net amounts into gross amounts shall be based on the situation of an unmarried official who does
not receive the allowances provided for in the Staff Regulations.
4. For the purposes of applying Regulation (EEC, Euratom, ECSC) No 260/68, the amounts in Article 4 of that
Regulation shall be multiplied by a factor composed of:
(a) the factor resulting from the previous update, and/or
(b) the rate of update of remuneration referred to in paragraph 2.
5. No correction coefficient shall be applicable in Belgium and Luxembourg. The correction coefficients applicable:
(a) to the salaries of officials of the European Union serving in the other Member States and in certain other places of
employment,
(b) by way of derogation from Article 82(1) of the Staff Regulations, to European Union pensions paid in the other
Member States for the part corresponding to the rights acquired before 1 May 2004,
shall be determined on the basis of the ratios between the corresponding economic parities referred to in Article 1 of this
Annex and the exchange rates specified in Article 63 of the Staff Regulations for the relevant countries.
The procedures laid down in Article 8 of this Annex concerning the retrospective application of correction coefficients in
places of employment with a high rate of inflation shall apply.
6. The institutions shall make the corresponding positive or negative update to the remuneration and pensions of the
officials, former officials and other persons concerned with retroactive effect for the period between the effective date and
the date of entry into force of the next update.
If that retroactive update necessitates the recovery of sums overpaid, such recovery may be spread over a period of not
more than 12 months from the date of entry into force of the next annual update.

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CHAPTER 2
INTERMEDIATE UPDATES OF REMUNERATION AND PENSIONS (ARTICLE 65(2) OF THE STAFF REGU
LATIONS)
Article 4
1. An intermediate update of remuneration and pensions pursuant to Article 65(2) of the Staff Regulations, taking
effect on 1 January, shall be effected in the event of a substantial change in the cost of living between June and December
(by reference to the sensitivity threshold defined in Article 6 of this Annex) and with due allowance being made for the
forecast of the change in purchasing power during the current annual reference period.
2. Such
intermediate
updates
shall
be
taken
into
account
in
the
annual
salary
update.
Article 5
1. In
March
each
year
Eurostat
shall
make
a
forecast
of
changes
in
purchasing
power
over
the
period
concerned
on
the
basis of the information supplied at the meeting provided for in Article 13 of this Annex.
If that forecast produces a negative percentage, half of that percentage shall be taken into account in the calculation of the
intermediate update.
2. The change in the cost of living for Belgium and Luxembourg shall be measured by the Joint Index for the period
from June to December of the previous calendar year.
3. For
each
place
for
which
a
correction
coefficient
has
been
set
(other
than
Belgium
and
Luxembourg),
an
estimate
for
December of the economic parities mentioned in Article 1(3) shall be calculated. The change in the cost of living shall be
calculated in accordance with the rules set out in Article 1(3).
Article 6
1. The
sensitivity
threshold
for
the
six-month
period
mentioned
in
Article
5(2)
of
this
Annex
shall
be
the
percentage
corresponding to 6 % for a 12-month period.
2. The threshold shall be applied in accordance with the following procedure, subject to application of the second
subparagraph of Article 5(1) of this Annex:
(a) if the sensitivity threshold is reached or exceeded in Belgium and Luxembourg (as measured by the Joint Index
between June and December), the remuneration for all places shall be updated following the annual update procedure,
(b) if the sensitivity threshold is not reached in Belgium and Luxembourg, only the correction coefficients of places where
the change in the cost of living (as measured by the implicit indices between June and December) has exceeded the
threshold shall be updated.
Article 7
For the purposes of Article 6 of this Annex:
The amount of the update shall be the Joint Index, multiplied, where appropriate, by half of the specific indicator forecast
if this is negative.
Correction coefficients shall be the ratio between the relevant economic parity and the exchange rate provided for in
Article 63 of the Staff Regulations, multiplied, if the update threshold is not reached for Belgium and Luxembourg, by the
value of the update.

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CHAPTER 3
DATE ON WHICH A CORRECTION COEFFICIENT COMES INTO EFFECT (PLACES OF EMPLOYMENT WITH
A HIGH COST-OF-LIVING INCREASE)
Article 8
1. For places with a high cost-of-living increase (as measured by the change in the implicit indices), the correction
coefficient shall come into effect before 1 January in the case of the intermediate update, or 1 July in the case of the
annual update. This is so as to bring the loss in purchasing power into line with what it would be in a place of
employment where the change in the cost of living corresponded to the sensitivity threshold.
2. The
effective
dates
for
the
annual
update
shall
be
as
follows:
(a) 16 May for places of employment having an inflation rate higher than 6 %, and
(b) 1 May for places of employment having an inflation rate higher than 10 %.
3. The
effective
dates
for
the
intermediate
update
shall
be
as
follows:
(a) 16 November for places of employment having an inflation rate higher than 6 %, and
(b) 1 November for places of employment having an inflation rate higher than 10 %.
CHAPTER 4
CREATION AND WITHDRAWAL OF CORRECTION COEFFICIENTS (ARTICLE 64 OF THE STAFF REGU
LATIONS)
Article 9
1. The appropriate authorities of the Member States concerned, the administration of an institution of the Union or
the representatives of officials of the Union in a given place of employment can request the creation of a correction
coefficient specific to that place.
Such a request should be supported by objective factors revealing an appreciable difference over some years in the cost of
living between that place of employment and the capital of the Member State concerned (except for the Netherlands,
where The Hague is used instead of Amsterdam). If Eurostat confirms that the difference is appreciable (more than 5 %)
and sustainable, the Commission shall enact, by means of delegated acts in accordance with Articles 111 and 112 of the
Staff Regulations, a correction coefficient for that place.
2. The
Commission
shall
decide,
by
means
of
delegated
acts
in
accordance
with
Articles
111
and
112
of
the
Staff
Regulations, to withdraw the application of a correction coefficient specific to a certain place. In that case the decision
shall be based on one of the following:
(a) a request by the appropriate authorities of the Member State concerned, the administration of an institution of the
Union or the representatives of officials of the Union in a given place of employment showing that the cost of living
in that place is no longer significantly different (less than 2 %) from that in the capital of the Member State concerned.
Such convergence should be sustainable and validated by Eurostat,
(b) the fact that there are no longer any officials and temporary staff of the Union employed in that place.
CHAPTER 5
MODERATION AND EXCEPTION CLAUSES
Article 10
The value of the specific indicator used for the annual update shall be subject to an upper limit of 2 % and a lower limit
of – 2 %. If the value of the specific indicator exceeds the upper limit or is below the lower limit, then the value of the
limit shall be used to calculate the update value.

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The first paragraph shall not apply when Article 11 applies.
The remainder of the annual update resulting from the difference between the update value calculated with the specific
indicator and the update value calculated with the limit shall be applied as from 1 April of the following year.
Article 11
1. If there is a decrease in the real Union GDP for the current year as forecast by the Commission and the specific
indicator is positive, only part of the specific indicator shall be used to calculate the value of the update. The remainder of
the update value corresponding to the remainder of the specific indicator shall be applied as from a later date in the
following year. That remainder of the update value shall not be taken into account for the purposes of Article 10. The
value of the Union GDP, the consequences in terms of split of the specific indicator, and the application date are defined
in accordance with the following table:
Union GDP Consequences
on
the
specific
indicator Date
of
payment
of
the
second
part
[– 0,1 %; – 1 %] 33
%;
67
% 1
April
of
year
n
+
1
[– 1 %; – 3 %] 0
%;
100
% 1
April
of
year
n
+
1
below – 3 % 0
%
—
2. Where there is a gap between the forecast mentioned under paragraph 1 and the final data on Union GDP made
available by the Commission and those final data would modify the consequences as laid down in the table under
paragraph 1, the necessary corrections, including retroactive adjustments, either positive or negative, shall take place in
accordance with the same table.
3. Any
updated
reference
amount
resulting
from
a
correction
shall
be
published
by
the
Commission
within
two
weeks
from the correction in the C series of the Official Journal of the European Union for information purposes.
4. When the application of paragraph 1 or 2 has led to the fact that the value of the specific indicator did not serve
the update of the remunerations and the pensions, that value shall form the basis of the calculation of a future update
once the cumulative increase of the Union GDP measured from the year in which paragraph 1 or 2 was applied becomes
positive. In any case the value mentioned in the first sentence shall be subject by analogy to the limits and the principles
laid down in Article 10 of this Annex. The evolution of the Union GDP shall be regularly measured by Eurostat for this
purpose.
5. If
relevant,
the
legal
consequences
resulting
from
the
application
of
Article
10
and
this
Article
shall
continue
to
have
full effect even after the date of expiry of this Annex as referred to in Article 15.
CHAPTER 6
ROLE OF EUROSTAT AND RELATIONS WITH THE NATIONAL STATISTICAL INSTITUTES OR OTHER
APPROPRIATE AUTHORITIES OF THE MEMBER STATES
Article 12
It shall be the task of Eurostat to monitor the quality of basic data and statistical methods used to work out the factors
taken into account for the update of remuneration. In particular, it shall make any assessments or carry out any studies
required for such monitoring.
Article 13
In March each year Eurostat shall convene a meeting of a working group composed of experts from the national
statistical institutes or other appropriate authorities in the Member States, to be known as the 'Working Group on
Article 64 and 65 of the Staff Regulations'.
At that meeting, the statistical methodology and its implementation concerning specific and control indicators, the joint
index and economic parities shall be examined.

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The information required to produce a forecast of changes in purchasing power for the purposes of the intermediate
update of remuneration shall also be provided, together with the data on working hours in central government depart
ments.
Article 14
At the request of Eurostat, Member States shall inform Eurostat of any factors having a direct or indirect impact on the
composition and changes in the remuneration of central government civil servants.
CHAPTER 7
FINAL PROVISION AND REVIEW CLAUSE
Article 15
1. The
provisions
of
this
Annex
shall
apply
from
1
January
2014
to
31
December
2023.
2. Before 31 March 2022 the Commission shall submit a report to the European Parliament and the Council. That
report shall have regard to the survey conducted under Article 2 of this Annex and shall assess whether, in particular, the
evolution of purchasing power of remuneration and pensions of Union officials is in accordance with the changes in the
purchasing power of salaries in national civil services in central governments. On the basis of that report, if appropriate,
the Commission shall submit a proposal to amend this Annex as well as Article 66a of the Staff Regulations on the basis
of Article 336 of the Treaty on the Functioning of the European Union.
3. As long as the European Parliament and the Council have not adopted a Regulation on the basis of a Commission
proposal, this Annex and Article 66a of the Staff Regulations shall continue to apply provisionally beyond the expiry
dates laid down in paragraph 1 of this Article and in Article 66a of the Staff Regulations.
4. At the end of 2018 the Commission shall submit an interim report to the European Parliament and the Council on
the application of this Annex and of Article 66a of the Staff Regulations.';
(72) Annex XII is amended as follows:
(d) the following Article is inserted:
(a) Article 2 is replaced by the following:
'Article 11a
Until 2020, for the application of Articles 4(6), 10(2)
'
and 11(2) of this Annex, the moving average shall be
Article 2
calculated on the basis of the following time scale:
1. Any
update
of
the
contribution
rate
shall
take
effect on 1 July at the same time as the annual
In 2017 – 22 years
update of remuneration under Article 65 of the Staff
Regulations. Any update shall not lead to a
In 2014 – 16 years
In 2018 – 24 years
contribution being more than one percentage point
In 2015 – 18 years
In 2019 – 26 years
above or below the valid rate of the previous year.
In 2016 – 20 years
In 2020 – 28 years';
2. The
difference
established
between
the
update
of
the contribution rate which would have resulted from
(e) Article 12 is replaced by the following:
the actuarial calculation and the update resulting from
the variation referred to in the last sentence of
paragraph 1 shall not be recovered at any time, or,
'Article 12
consequently, taken into account in subsequent
The rate in Articles 4 and 8 of Annex VIII for the
actuarial calculations. The contribution rate which
calculation of compound interest shall be the
would have resulted from the actuarial calculation
effective rate referred to in Article 10 of this Annex
shall be mentioned in the assessment report provided
and shall, if necessary, be updated on the occasion of
for in Article 1 of this Annex.';
the five-yearly actuarial assessments.
(b) in Article 4(6), the words '12-year' are replaced by '30-
With respect to the update, the rate referred to in
year';
Articles 4 and 8 of Annex VIII shall be understood
as a reference rate. The Commission shall publish the
updated effective rate within two weeks after the
(c) in Articles 10(2) and 11(2) the words '12 years' are
update in the C series of the Official Journal of the
replaced by '30 years';
European Union for information purposes.';

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(f) Article 14 is replaced by the following:
(ii) the second subparagraph of paragraph 3 is
replaced by the following:
'Article 14
'Their pensions shall be subject to the correction
1. In
2022
the
Commission
shall
submit
a
report
to
coefficient only if the residence of the official
the European Parliament and the Council. That report
coincides with their last place of employment or
shall have regard to the budgetary implications of this
with the country of their place of origin within
Annex and shall assess the actuarial balance of the
the meaning of Article 7(4) of Annex VII.
pension system. On the basis of that report the
However, for family or medical reasons, officials
Commission will, if appropriate, submit a proposal
receiving a pension may request the appointing
to amend this Annex.
authority to change their place of origin; the
decision in that regard shall be taken on
production by the official concerned of appro
2. In
2018
the
Commission
shall
submit
an
interim
priate supporting evidence.';
report to the European Parliament and the Council on
the application of this Annex.';
(iii) the last sentence of paragraph 4 is deleted;
(73) Annex XIII is amended as follows:
(f) Article 21 is replaced by the following:
(a) in the third subparagraph of Article 7(2), the word
'adjustment' shall be replaced by 'update';
'Article 21
Notwithstanding the second sentence of the second
(b) Articles 10, 14 to 17 and Article 18(2) are deleted;
paragraph of Article 77 of the Staff Regulations,
officials who entered the service before 1 May 2004
shall be entitled to 2 % of their salary referred to
(c) in Article 18(1), the word 'adjusted' is replaced by
therein for every year of pensionable service calculated
'updated' and the word 'adjustment' is replaced by
in accordance with Article 3 of Annex VIII.
'update';
Officials who entered the service in the period from
(d) Article 19 is replaced by the following:
1 May 2004 until 31 December 2013 shall be entitled
to 1,9 % of their salary referred to therein for every
year of pensionable service calculated in accordance
'Article 19
with Article 3 of Annex VIII.';
Notwithstanding the provisions of Regulation (EU)
No 1023/2013 of the European Parliament and of
(g) Article 22 is replaced by the following:
the Council (*), Articles 63, 64, 65, 82 and 83a of
the Staff Regulations, Annexes XI and XII thereto
and Articles 20(1), 64, 92 and 132 of the Conditions
'Article 22
of Employment of Other Servants as in force before
1.11.2013 shall continue to be in force exclusively for
1. Officials
with
20
or
more
years’
service
on
the purpose of any adjustment required to comply
1 May 2004 shall become entitled to a retirement
with a judgment of the Court of Justice of the
pension when they reach the age of 60.
European Union under Article 266 of the Treaty on
the Functioning of the European Union on the appli
cation of those articles.
Officials aged 35 years or more on 1 May 2014 and
who entered the service before 1 January 2014 shall
become entitled to a retirement pension at the age
___________
shown in the table below:
(*) Regulation (EU) No 1023/2013 of the European
Parliament and of the Council of 22 October
2013 amending the Staff Regulations of Officials
of the European Union and the Conditions of
Age on 1 May
2014
Pensionable age Age on 1 May
2014
Pensionable age
Employment of Other Servants of the European
Union (OJ L 287, 29.10.2013, p. 15)';
60 years
60 years 47
years 62
years
6
and above
months
59 years 60
years
2 46 years 62
years
8
(e) Article 20 is amended as follows:
months
months
58 years 60
years
4 45 years 62
years
10
months
months
(i) paragraph 2 is deleted;

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Age on 1 May
The increase shall also be granted in the event of
2014
Pensionable age Age on 1 May
2014
Pensionable age
death, if the official has remained in service beyond
the age at which he became entitled to a retirement
57 years 60
years
6 44 years 63
years
2
pension.
months
months
56 years 60
years
8 43 years 63
years
4
months
months
If, pursuant to Annex IVa, an official who enters the
service before 1 January 2014 and working part-time
55 years 61
years 42
years 63
years
6
contributes to the pension scheme in proportion to
months
the time worked, the increase in pension entitlements
provided for in this Article shall be applied only in the
54 years 61
years
2 41 years 63
years
8
same proportion.
months
months
53 years 61
years
4 40 years 63
years
10
3. If
the
official
retires
before
reaching
pensionable
months
months
age as laid down in this Article, only half of the
52 years 61
years
6 39 years 64
years
3
reduction laid down in point (b) of Article 9 of
months
months
Annex VIII shall be applied for the period between
the age of 60 and the pensionable age.
51 years 61
years
8 38 years 64
years
4
months
months
4. By way of derogation from the second
50 years 61
years
11
37 years 64
years
5
subparagraph of paragraph 1 of the Sole Article of
months
months
Annex IV, an official to whom a pensionable age of
less than 65 years applies in accordance with
49 years 62
years
2 36 years 64
years
6
paragraph 1 shall receive the allowance provided for
months
months
in that Annex under the conditions laid down therein
48 years 62
years
4 35 years 64
years
8
until the day on which the official reaches his
months
months
pensionable age.
However, above that age and up to the age of 65 years
Officials aged less than 35 years on 1 May 2014 shall
the official shall continue to receive the allowance until
become entitled to a retirement pension at the age of
he reaches the maximum retirement pension unless
65 years.
Article 42c of the Staff Regulations applied.';
However, for officials aged 45 years or more on 1 May
(h) Article 23 is replaced by the following:
2014 who entered the service between 1 May 2004
and 31 December 2013, the pensionable age shall
remain 63 years.
'Article 23
1. When point (a) of Article 52 of the Staff Regu
For officials in service before 1 January 2014
lations applies, and without prejudice to the provisions
pensionable age to be taken into consideration for
of Article 50, an official in service before 1 January
all references to the pensionable age in these Staff
2014 shall be retired automatically on the last day of
Regulations shall be determined in accordance with
the month in which he reaches the age of 65. For
the above provisions, save as otherwise provided in
officials in service before 1 January 2014, the words
these Staff Regulations.
"age of 66" and "age 66" in the second paragraph of
Article 78 and point (b) of Article 81a(1) of the Staff
2. Notwithstanding
Article
2
of
Annex
VIII,
officials
Regulations and in point (b) of Article 12(1) of Annex
who enter the service before 1 January 2014 and
VIII shall be read as "age of 65" and "age 65".
remain in service after the age at which they would
have become entitled to a retirement pension shall be
entitled to an additional increase of 2,5 % of their final
2. Notwithstanding
Article
52
of
the
Staff
Regu
basic salary for each year worked after that age,
lations, officials who entered the service before
provided that their total pension does not exceed
1 January 2014 and who leave the service before the
70 % of the final basic salary within the meaning of
age at which they would have become entitled to a
the second or third paragraph of Article 77 of the Staff
retirement pension in accordance with Article 22 of
Regulations, as the case may be.
this Annex may request that point (b) of Article 9 of
Annex VIII be applied
However, for officials aged 50 years or over or with
20 or more years’ service on 1 May 2004, the increase
(a) until 31 December 2015 as from the age of 55;
in pension provided for in the previous subparagraph
shall not be less than 5 % of the amount of the
pension rights acquired at the age of 60.
(b) until 31 December 2016 as from the age of 57.

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3. By
way
of
derogation
from
the
eighth
paragraph
Director-General
AD 15 – AD 16
of Article 50 of the Staff Regulations, an official who
is retired in the interests of the service in accordance
Director
AD 14 – AD 15
with the first paragraph of Article 50 of the Staff
Regulations shall be entitled to receive the payment
Head of unit or equivalent AD
9
–
AD
14
of a pension under Article 9 of Annex VIII in
accordance with the table below:
Adviser or equivalent
AD 13 – AD 14
Senior Administrator in transition AD
14
Date of the decision under the first
Administrator in transition AD
13
paragraph of Article 50
Age
Administrator AD
5
–
AD
12
Until 31 December 2016 55
years
After 31 December 2016 58
years'
2. With
effect
from
1
January
2014,
the
appointing
authority shall classify officials in service on
(i) The following Article is inserted:
31 December 2013 in function group AD in types
of posts as follows:
'Article 24a
In the case of a pension determined before 1 January
(a) Officials who were in grade AD 14 on
2014, the recipient's pension entitlement shall
31 December 2013 and who were not Director
continue to be determined after that date in
or equivalent, Head of unit or equivalent or
accordance with the rules applied when the
Adviser or equivalent shall be assigned to the
entitlement was initially determined. The same
type of post "Senior Administrator in transition".
applies to the cover under the joint sickness
insurance scheme.';
(b) Officials who were in grade AD 13 on
31 December 2013 and who were not Head of
(j) Article 28 is replaced by the following:
unit or equivalent or Adviser or equivalent shall
be assigned to the type of post "Administrator in
transition".
'Article 28
1. Servants referred to in Article 2 of the
(c) Officials who were in grades AD 9 to AD 14 on
Conditions of Employment of Other Servants who
31 December 2013 and who were Head of unit or
were under contract on 1 May 2004 and who are
equivalent shall be assigned to the type of post
appointed as officials after that date and before
"Head of unit or equivalent".
1 January 2014 shall, on retirement, be entitled to
an actuarial adjustment of the pension rights they
acquired as temporary servants which takes into
(d) Officials who were in grades AD 13 or AD 14 on
account the change in their pensionable age as
31 December 2013 and who were Adviser or
referred to in Article 77 of the Staff Regulations.
equivalent shall be assigned to the type of post
"Adviser or equivalent".
2. Servants
referred
to
in
Articles
2,
3a
and
3b
of
the Conditions of Employment of Other Servants who
(e) Officials who were in grades AD 5 to AD 12 on
are under contract on 1 January 2014 and are
31 December 2013 and who were not Head of
appointed as officials after that date shall, on
unit or equivalent shall be assigned to the type
retirement, be entitled to an actuarial adjustment of
of post "Administrator".
the pension rights they acquired as temporary or
contract staff which takes into account the change in
their pensionable age as referred to in Article 77 of the
3. By way of derogation from paragraph 2, officials
Staff Regulations, in the event that they are at least 35
in grades AD 9 to AD 14 holding special responsi
years old on 1 May 2014.';
bilities may be assigned by the appointing authority
before 31 December 2015 to the type of post "Head
of unit or equivalent" or "Adviser or equivalent". Each
(k) the following Section is added:
appointing authority shall lay down provisions to give
effect to this Article. However, the total number of
'
officials benefiting from this provision shall not
S e c t i o n 5
exceed 5 % of the officials in function group AD on
Article 30
31 December 2013.
1. By
way
of
derogation
from
Annex
I,
Section
A,
point 2, the following table of types of posts in
4. The
assignment
to
a
type
of
post
shall
be
valid
function group AD shall apply to officials in service
until the official is assigned to a new function
on 31 December 2013:
corresponding to another type of post.

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5. Provided
they
satisfy
the
conditions
laid
down
in
11. By
way
of
derogation
from
the
first
sentence
of
the first paragraph of Article 44, officials in grade AD
Article 46, officials appointed to the next higher grade
12, step 5, holding a post of Administrator shall, as
and benefiting from the increase in basic salary
from 1 January 2016, receive an increase in basic
provided for in paragraphs 5, 6, 8 and 9 shall be
salary equivalent to the difference between the salary
placed in the second step of that grade. They shall
corresponding to grade AD 12, step 4, and grade AD
lose the benefit of the increase of basic salary
12, step 3.
provided for in paragraphs 5, 6, 8 and 9.
6. Provided
they
satisfy
the
conditions
laid
down
in
12. The
increase
of
basic
salary
in
paragraph
7
shall
the first paragraph of Article 44, officials in grade AD
not be paid after promotion and shall not be included
12, step 5, holding a post of Administrator and bene
in the basis used for determining the increase in basic
fiting from the measure in paragraph 5 shall receive
monthly salary referred to in Article 7(5) of this
after two years an additional increase in basic salary
Annex.
equivalent to the difference between the salary
corresponding to grade AD 12, step 5, and grade
AD 12, step 4.
Article 31
1. By
way
of
derogation
from
Annex
I,
Section
A,
7. By
way
of
derogation
from
paragraph
5,
the
point 2, the following table of types of posts in
following provisions shall apply to officials in grade
function group AST shall apply to officials in service
AD 12 holding a post of Administrator, who were
on 31 December 2013:
recruited before 1 May 2004 and who have not
been promoted between 1 May 2004 and
31 December 2013:
Senior Assistant in transition
AST 10 – AST 11
(a) provided they satisfy the conditions laid down in
Assistant in transition
AST 1 – AST 9
the first paragraph of Article 44, officials in step 8
Administrative Assistant in tran AST 1 – AST 7
shall, as from 1 January 2016, receive an increase
sition
in basic salary equivalent to the difference between
the salary corresponding to grade AD 12, step 4,
Support Agent in transition
AST 1 – AST 5
and grade AD 12, step 3.
(b) provided they benefit from the measure in point
2. With
effect
from
1
January
2014,
the
appointing
(a), officials in step 8 shall receive after two years
authority shall classify officials in service on
an additional increase in basic salary equivalent to
31 December 2013 in function group AST in types
the difference between the salary corresponding to
of posts as follows:
grade AD 12, step 5, and grade AD 12, step 4.
(a) Officials who were in grade AST 10 or AST 11 on
8. Provided
they
satisfy
the
conditions
laid
down
in
31 December 2013 shall be assigned to the type of
the first paragraph of Article 44, officials in grade AD
post "Senior Assistant in transition".
13, step 5, holding a post of Administrator in tran
sition shall, as from 1 January 2016, receive an
increase in basic salary equivalent to the difference
between the salary corresponding to grade AD 13,
(b) Officials not covered by point (a) who were before
step 4, and grade AD 13, step 3.
1 May 2004 in the former category B or who were
before 1 May 2004 in the former category C or D
and have become a member of function group
9. Provided
they
satisfy
the
conditions
laid
down
in
AST without restriction, as well as AST officials
the first paragraph of Article 44, officials in grade AD
recruited since 1 May 2004, shall be assigned to
13, step 5, holding a post of Administrator in tran
the type of post "Assistant in transition".
sition and benefiting from the measure in paragraph 8
shall receive after two years an additional increase in
basic salary equivalent to the difference between the
(c) Officials not covered by points (a) and (b) who
salary corresponding to grade AD 13, step 5, and
were before 1 May 2004 in the former category
grade AD 13, step 4.
C shall be assigned to the type of post "Adminis
trative Assistant in transition".
10. Officials
receiving
the
increase
in
basic
salary
provided for in paragraphs 5 to 9 and subsequently
(d) Officials not covered by points (a) and (b) who
appointed Head of unit or equivalent or Adviser or
were before 1 May 2004 in the former category
equivalent in the same grade shall keep such increase
D shall be assigned to the type of post "Support
in basic salary.
Agent in transition".

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L 287/54
EN
Official Journal of the European Union
29.10.2013
3. The
assignment
to
a
type
of
post
shall
be
valid
Article 32
until the official is assigned to a new function
corresponding to another type of post. Administrative
By way of derogation from the first sentence of the
Assistants in transition and Support Agents in tran
fourth paragraph of Article 1 of Annex II to the Staff
sition may be assigned to the type of post of
Regulations, the representation of the function group
Assistant as defined in Annex I, Section A, only in
AST/SC need not be ensured in the Staff Committee
accordance with the procedure laid down in Articles
until the next elections of a new Staff Committee at
4 and 29(1) of the Staff Regulations. Promotion shall
which the AST/SC staff can be represented.
only be allowed within the career streams
corresponding to each type of post indicated in
paragraph 1.
Article 33
By way of derogation from Article 40(2) of the Staff
Regulations, when an official has, on 31 December
4. By way of derogation from Article 6(1) of the
2013, been on leave on personal grounds for more
Staff Regulations and from Annex I, Section B, the
than 10 years over the entire career, the total length of
number of vacant positions in the next higher grade
leave on personal grounds may not exceed 15 years in
required for promotion purposes shall be calculated
the course of the official's entire career.'.
separately for Support Agents in transition. The
following multiplication rates shall apply:
Article 2
The Conditions of Employment of Other Servants of the
Grade Rate
European Union are amended as follows:
5
—
4 10
%
(1) The second indent of Article 1 is deleted.;
Support Agents in transition
3 22
%
(2) The following point is added to Article 2:
2 22
%
1
—
'(f) staff engaged to fill a post which is included in the list
of posts appended to the section of the budget relating
to an agency as referred to in Article 1a(2) of the Staff
Regulations and which the budgetary authorities have
As far as Support Agents in transition are concerned,
classified as temporary, except heads of agencies and
comparative merits for the purposes of promotion
deputy heads of agencies as referred to in the Union
(Article 45(1) of the Staff Regulations) shall be
act establishing the agency and officials seconded in
considered between eligible officials of the same
the interests of the service to an agency.';
grade and classification.
(3) Article 3 is deleted;
5. Administrative Assistants in transition and
Support Agents in transition who were before 1 May
2004 in the former category C or D shall continue to
(4) In point (b) of Article 3b, point (i) is replaced by the
be entitled either to compensatory leave or to remun
following:
eration, where the requirements of the service do not
allow compensatory leave during the two months
following that in which the overtime was worked, as
'(i) Officials or temporary staff in function groups AST/SC
provided for in Annex VI.
and AST;';
6. Officials
who
were
authorised,
on
the
basis
of
(5) In the first paragraph of Article 8, the words 'Article 2(a)'
point (g) of Article 55a(2) of the Staff Regulations
are replaced by 'Article 2(a) or Article 2(f)';
and Article 4 of Annex IVa to the Staff Regulations,
to work part-time for a period starting before
(6) Article 10(4) is deleted;
1 January 2014 and extending beyond that date may
continue to work part-time under the same conditions
for a maximum overall period of five years.
(7) Article 11 is amended as follows:
7. For officials
whose pensionable age under
(a) in the first sentence of the first paragraph, the words
Article 22 of this Annex is less than 65 years, the
'Articles 11 to 26' are replaced by 'Articles 11 to 26a';
period of three years referred to in point (g) of
Article 55a(2) of the Staff Regulations may exceed
their pensionable age, without however exceeding the
(b) in the third paragraph, the words 'second paragraph'
age of 65 years.
are replaced by 'third paragraph';

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EN
29.10.2013 Official
Journal
of
the
European
Union L
287/55
(8) Article 12 is amended as follows:
2. A report on the member of the temporary staff may
be made at any time before the end of the probationary
period if his work is proving obviously inadequate.
(a) paragraph 1 is replaced by the following:
'1. The
engagement
of
temporary
staff
shall
be
That report shall be communicated to the person
directed to securing for the institution the services of
concerned, who shall have the right to submit his
persons of the highest standard of ability, efficiency
comments in writing within eight working days. The
and integrity, recruited on the broadest possible
report and the comments shall be transmitted immediately
geographical basis from among nationals of Member
by the immediate superior of the member of the
States of the Union.
temporary staff to the authority referred to in the first
paragraph of Article 6. On the basis of the report, the
authority referred to in the first paragraph of Article 6
Temporary staff shall be selected without distinction as
may decide to dismiss the member of the temporary
to race, political, philosophical or religious beliefs, sex
staff before the end of the probationary period, giving
or sexual orientation and without reference to their
him one month's notice, or to assign the member of the
marital status or family situation.
temporary staff to another department for the remaining
time of the probationary period.
No posts shall be reserved for nationals of any
Member State. However, the principle of equality of
3. One month at the latest before the expiry of the
the Union's citizens shall allow each institution to
probationary period, a report shall be made on the
adopt appropriate measures following the observation
ability of the member of the temporary staff to perform
of a significant imbalance between nationalities among
the duties pertaining to his post and also on his efficiency
temporary staff which is not justified by objective
and conduct in the service. That report shall be
criteria. Those appropriate measures must be justified
communicated to the member of the temporary staff,
and shall never result in recruitment criteria other than
who shall have the right to submit his comments in
those based on merit. Before such appropriate
writing within eight working days.
measures are adopted, the authority referred to in
the first paragraph of Article 6 shall adopt general
provisions for giving effect to this paragraph in
Should it recommend dismissal or, in exceptional circum
accordance with Article 110 of the Staff Regulations.
stances, extension of the probationary period in
accordance with paragraph 1, the report and the
After a three-year period starting on 1 January 2014,
comments shall be transmitted immediately by the
the Commission shall report to the European
immediate superior of the member of the temporary
Parliament and to the Council on the implementation
staff to the authority referred to in the first paragraph of
of the preceding subparagraph.
Article 6.
In order to facilitate engagement on the broadest
A member of the temporary staff whose work or conduct
possible geographical basis, the institutions shall
has not proved adequate for establishment in his post shall
strive to support multilingual and multicultural
be dismissed.
education for the children of their staff';
The final decision shall be taken on the basis of the report
(b) In paragraph 5, the words 'Each institution' are
referred to in this paragraph as well as on the basis of
replaced by 'The authority referred to in the first
elements available to the authority referred to in the first
paragraph of Article 6';
paragraph of Article 6 relating to the conduct of the
member of the temporary staff with regard to Title II of
the Staff Regulations.
(9) Article 14 is replaced by the following:
'Article 14
4. A
dismissed
member
of
the
temporary
staff
shall
be
entitled to compensation equal to one-third of his basic
1. A
member
of
the
temporary
staff
shall
serve
a
nine-
salary per month of probation completed.';
month probationary period.
(10) In Article 15(1), the following sentence is added to the
Where, during his probationary period, a member of the
first subparagraph:
temporary staff is prevented, by sickness, maternity leave
under Article 58 of the Staff Regulations, or accident, from
performing his duties for a continuous period of at least
'Members of the temporary staff graded in accordance with
one month, the authority referred to in the first paragraph
the grading criteria adopted by the authority referred to in
of Article 6 may extend his probationary period by the
the first paragraph of Article 6 shall retain the seniority in
corresponding length of time. The total length of the
the step acquired in that capacity if they are engaged as
probationary period shall in no circumstances exceed 15
temporary staff in the same grade immediately following
months.
the preceding period of temporary service.';

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L 287/56
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Official Journal of the European Union
29.10.2013
(11) Article 16 is replaced by the following:
— twelve months in all other cases.
'Article 16
Any period of leave granted in accordance with the first
paragraph shall not count for the purposes of the first
Articles 42a, 42b and 55 to 61 of the Staff Regulations,
paragraph of Article 44 of the Staff Regulations.
concerning leave, hours of work, overtime, shiftwork,
standby duty at place of work or at home and public
holidays, shall apply by analogy. Special leave and
While a member of the temporary staff is on unpaid leave
parental and family leave shall not extend beyond the
his membership of the social security scheme provided for
term of the contract. In addition, Articles 41, 42, 45
in Article 28 shall be suspended.
and 46 of the Staff Regulations shall apply by analogy
to the temporary servants referred to in Article 29 of
Annex XIII to the Staff Regulations, irrespective of the
However, a member of the temporary staff who is not
date of their engagement.
gainfully employed may, not later than one month
following that in which unpaid leave begins, apply to
continue to be covered against the risks referred to in
The paid sick leave provided for in Article 59 of the Staff
Article 28, provided that he bears half the cost of the
Regulations shall not, however, exceed three months or
contributions provided for in that Article for the
the length of time worked by the member of the
duration of his leave; the contribution shall be calculated
temporary staff, where the latter is longer. The leave
by reference to his last basic salary.
shall not extend beyond the term of his contract.
Moreover, a member of the temporary staff to whom
On expiry of those time limits, a servant whose contract is
Article 2(c) or (d) applies who proves that he cannot
not terminated, notwithstanding that he is unable to
acquire pension rights under another pension scheme
resume his duties, shall be placed on unpaid leave.
may apply to continue to acquire further pension rights
throughout the period of unpaid leave, provided that he
bears the cost of a contribution equal to three times the
However, where a servant contracts an occupational
rate laid down in Article 41; the contributions shall be
disease or sustains an accident in the performance of his
calculated by reference to the basic salary for his grade and
duties, he shall continue to receive his full remuneration
step.
throughout the period during which he is incapable of
working until such time as he is awarded an invalidity
pension under Article 33.';
Women whose maternity leave begins before the end of
their contract shall be entitled to maternity leave and
maternity pay.';
(12) Article 17 is replaced by the following:
(13) Article 20 is amended as follows:
'Article 17
In exceptional circumstances a member of the temporary
(a) in paragraph 1, the words 'adjustments to' are replaced
staff may at his own request be granted unpaid leave on
by 'updates of';
compelling personal grounds. Article 12b of the Staff
Regulations shall continue to apply during the period of
unpaid leave on personal grounds.
(b) in paragraph 3, the words 'special levy' are replaced by
'solidarity levy';
The permission under Article 12b shall not be granted to a
(c) paragraph 4 is replaced by the following:
member of the temporary staff for the purpose of his
engaging in an occupational activity, whether gainful or
not, which involves lobbying or advocacy vis-à-vis his
'4. Article
44
of
the
Staff
Regulations
shall
apply
by
institution and which could lead to the existence or possi
analogy to temporary staff.';
bility of a conflict with the legitimate interests of the
institution.
(14) Article 28a is amended as follows:
The authority referred to in the first paragraph of Article 6
shall determine the length of such leave, which shall not
(a) in the last sentence of paragraph 3, the word 'adjusted'
exceed one quarter of the length of time already worked
is replaced by 'updated';
by the servant or:
(b) in paragraph 10, the words 'Institutions of the Union'
— three months if the servant's seniority is less than four
are replaced by 'authorities of the institutions referred
years;
to in the first paragraph of Article 6';

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European
Union L
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(c) paragraph 11 is replaced by the following:
transfer of the actuarial equivalent or the payment of the
severance grant in accordance with Chapter 3 of Title V of,
'
and Annex VIII to, the Staff Regulations. Where the
Every two years the Commission shall present a report
servant is entitled to a retirement pension his pension
on the financial situation of the unemployment
rights shall be reduced in proportion to the amounts
insurance scheme. Independently of that report, the
paid under Article 42.';
Commission may, by means of delegated acts in
accordance with Articles 111 and 112 of the Staff
Regulations, adjust the contributions provided for in
(20) The first paragraph of Article 42 is replaced by the
paragraph 7 of this Article if this is necessary in the
following:
interests of the balance of the scheme.';
(15) In the second subparagraph of Article 33(1) the words 'age
'In accordance with conditions to be laid down by the
of 65' are replaced by 'age of 66';
authority referred to in the first paragraph of Article 6, a
servant may request that authority to effect any payments
which he is required to make in order to constitute or
(16) Article 34 is replaced by the following:
maintain pension rights in his country of origin.';
'Article 34
(21) Article 47 is replaced by the following:
The persons entitled under a deceased servant, as defined
in Chapter 4 of Annex VIII to the Staff Regulations, shall
'Article 47
be entitled to the survivor's pension as provided for in
Articles 35 to 38.
Apart from cessation on death, the employment of
temporary staff shall cease:
Where a former servant in receipt of an invalidity
allowance or a former servant within the meaning of
(a) at the end of the month in which the servant reaches
Article 2 (a), (c), (d), (e) or (f) who was in receipt of a
the age of 66 or, where applicable, at the date fixed in
retirement pension or who left the service before reaching
accordance with the second and third paragraphs of
pensionable age and requested that his retirement pension
Article 52 of the Staff Regulations; or
be deferred until the first day of the calendar month
following that during which he reached pensionable age
dies, the persons entitled under the deceased servant, as
(b) where the contract is for a fixed period:
defined in Chapter 4 of Annex VIII to the Staff Regu
lations, shall be entitled to the survivor's pension as
provided for in that Annex.
(i) on the date stated in the contract;
Where the whereabouts of a member of the temporary
(ii) at the end of the period of notice specified in the
staff, or of a former member of temporary staff in
contract giving the servant or the institution the
receipt of an invalidity allowance or retirement pension,
option to terminate earlier. The period of notice
or of a former member of temporary staff who left the
shall not be less than one month per year of
service before he reached pensionable age and who has
service, subject to a minimum of one month
requested that his retirement pension be deferred until
and a maximum of three months. For temporary
the first day of the calendar month following that in
staff whose contracts have been renewed the
which he reaches pensionable age, are unknown for
maximum shall be six months. The period of
more than one year, the provisions of Chapters 5 and 6
notice shall not, however, commence to run
of Annex VIII to the Staff Regulations dealing with
during pregnancy if confirmed by a medical
provisional pensions shall apply by analogy to his
certificate, maternity leave or sick leave, provided
spouse and to persons recognised as his dependants.';
such sick leave does not exceed three months. It
shall, moreover, be suspended during pregnancy if
(17) In the third sentence of the first paragraph of Article 36,
confirmed by a medical certificate, maternity or
the words 'Article 2(a), (c) or (d)' are replaced by 'Article 2
sick leave subject to the limits aforesaid. If the
(a), (c), (d), (e) or (f)';
institution terminates the contract, the servant
shall be entitled to compensation equal to one-
third of his basic salary for the period between
(18) In the fourth paragraph of Article 37, the words '63 years
the date when his duties end and the date when
of age' are replaced by 'the pensionable age', and the
his contract expires;
words 'Article 2(a), (c) or (d)' are replaced by 'Article 2(a),
(c), (d), (e) or (f)';
(iii) where the servant no longer satisfies the
(19) Article 39(1) is replaced by the following:
conditions laid down in point (a) of Article 12(2),
subject to the possibility of authorising an
exception under that provision. Should the
'1. On leaving the service, a servant within the meaning
exception not be authorised, the period of notice
of Article 2 shall be entitled to a retirement pension,
referred to in point (ii) shall apply; or

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L 287/58
EN
Official Journal of the European Union
29.10.2013
(c) where the contract is for an indefinite period:
The total length of such leave may not exceed twelve years
in the course of the staff member's entire career.
(i) at the end of the period of notice stipulated in the
contract; the length of the period of notice shall
Another person may be engaged to the post occupied by
not be less than one month for each completed
the member of the temporary staff.
year of service, subject to a minimum of three
months and a maximum of 10 months. The
period of notice shall not, however, commence
On the expiry of his leave a member of the temporary
to run during pregnancy if confirmed by a
staff must be reinstated in the first post corresponding to
medical certificate, maternity leave or sick leave,
his grade which falls vacant in his function group,
provided such sick leave does not exceed three
provided that he satisfies the requirements for that post.
months. It shall, moreover, be suspended during
If he declines the post offered to him, he shall retain his
pregnancy if confirmed by a medical certificate,
right to reinstatement when the next vacancy
maternity or sick leave subject to the limits
corresponding to his grade occurs in his function group
aforesaid; or
subject to the same provisions; if he declines a second
time, employment may be terminated by the institution
without notice. Until effectively reinstated or placed on
(ii) where the servant no longer satisfies the conditions
secondment he shall remain on unpaid leave on personal
laid down in point (a) of Article 12(2), subject to
grounds.
the possibility of authorising an exception under
that provision. Should the exception not be auth
orised, the period of notice referred to in point (i)
Article 53
shall apply.';
Temporary staff referred to in Article 2(f) shall be engaged
on the basis of a selection procedure organised by one or
(22) The following Article is inserted:
more agencies. The European Personnel Selection Office
shall, at the request of the agency or agencies concerned,
provide assistance to the agencies, in particular by defining
'Article 48a
the contents of the tests and organising the selection
procedures. The European Personnel Selection Office
In any given parliamentary term, Article 50 of the Staff
shall ensure the transparency of the selection procedures.
Regulations may be applied by analogy to a maximum of
five members of senior temporary staff of political groups
in the European Parliament who are in grade AD 15 or
AD 16, provided that they have attained the age of fifty-
In the case of an external selection procedure, temporary
five years and have twenty years of service in the insti
staff referred to in Article 2(f) shall be engaged only at
tutions and at least 2,5 years of seniority in their last
grades SC1 to SC2, AST 1 to AST 4 or AD 5 to AD 8.
grade.';
However, the agency may, where appropriate and in duly
justified cases, authorise the engagement at grade AD 9,
AD 10, AD 11 or, on an exceptional basis, at grade AD
(23) Article 50c(2) is deleted;
12, for posts with corresponding responsibilities and
within the limits of the approved establishment plan.
The total number of engagements at grades AD 9 to AD
(24) The following Chapter is added to Title II:
12 in an agency shall not exceed 20 % of the total number
of engagements of temporary staff to the function group
AD, calculated over a five-year rolling period.
'CHAPTER 11
SPECIAL PROVISIONS FOR TEMPORARY STAFF
Article 54
REFERRED TO IN ARTICLE 2(f)
In the case of temporary staff referred to in Article 2(f),
classification in the next higher grade shall be exclusively
Article 51
by selection from among staff members who have
Article 37, with the exception of point (b) of the first
completed a minimum period of two years in their
paragraph, and Article 38 of the Staff Regulations shall
grade, after consideration of the comparative merits of
apply by analogy to the temporary staff referred to in
such temporary staff and of the reports on them. The
Article 2(f).
last sentence of Article 45(1) and Article 45(2) of the
Staff Regulations shall apply by analogy. The multipli
cation rates for guiding average career equivalence, as set
Article 52
out for officials in Section B of Annex I to the Staff
Regulations, may not be exceeded.
By way of derogation from the third paragraph of
Article 17, the temporary staff referred to in Article 2(f)
with a contract for an indefinite period may, irrespective of
In accordance with Article 110 of the Staff Regulations,
their seniority, be granted unpaid leave for periods not
each agency shall adopt general provisions for the imple
exceeding one year.
mentation of this Article.

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Union L
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Article 55
who are appointed to vacant posts at any of those
grades shall never exceed 5 % of the total number of
Where a member of the temporary staff referred to in
appointments to those function groups made per year
Article 2(f) moves, following an internal publication of a
in accordance with the second paragraph of Article 30
post, to a new post within his function group, he shall not
of the Staff Regulations.';
be classified in a lower grade or step than in his former
post, provided that his grade is one of the grades set out in
the vacancy notice.
(29) Article 84 is replaced by the following:
The same provisions shall apply by analogy where the
member of such temporary staff concludes a new
'Article 84
contract with an agency immediately following a
preceding contract for such temporary staff with another
1. A
contract
staff
member
whose
contract
is
concluded
agency.
for a duration of at least one year shall serve a
probationary period for the first six months of his
Article 56
period of employment if he is in function group I and
the first nine months if he is in any other function group.
In accordance with Article 110(2) of the Staff Regulations,
each agency shall adopt general provisions on the
procedures governing the engagement and use of
Where, during his probationary period, a contract staff
temporary staff referred to in Article 2(f).';
member is prevented by sickness, maternity leave under
Article 58 of the Staff Regulations or accident from
(25) Title III is deleted;
performing his duties for a continuous period of at least
one month, the authority referred to in the first paragraph
of Article 6 may extend his probationary period by the
(26) In Article 79(2), the words 'Each institution' are replaced
corresponding length of time. The total length of the
by 'The authority referred to in the first paragraph of
probationary period shall in no circumstances exceed 15
Article 6';
months.
(27) Article 80 is amended as follows:
2. A
report
on
the
contract
staff
member
may
be
made
at any time before the end of the probationary period if
(a) paragraph 3 is replaced by the following:
his work is proving obviously inadequate.
'3. Based
on
this
table
the
authority
referred
to
in
the first paragraph of Article 6 of each institution,
That report shall be communicated to the person
agency or entity referred to in Article 3a may, after
concerned, who shall have the right to submit his
consulting the Staff Regulations Committee, define in
comments in writing within eight working days. The
more detail the powers attaching to each type of
report and the comments shall be transmitted immediately
duties.';
by the immediate superior of the contract staff member to
the authority referred to in the first paragraph of Article 6.
(b) paragraph 4 is replaced by the following:
On the basis of the report, the authority referred to in the
first paragraph of Article 6 may decide to dismiss the
'
contract staff member before the end of the probationary
4. Articles
1d
and
1e
of
the
Staff
Regulations
shall
period, giving him one month's notice, or to assign the
apply by analogy.';
contract staff member to another department for the
remaining time of the probationary period.
(28) Article 82 is amended as follows:
(a) in paragraph 6, the words 'Each institution' are
3. One month at the latest before the expiry of the
replaced by 'The authority referred to in the first
probationary period, a report shall be made on the
paragraph of Article 6';
ability of the contract staff member to perform the
duties pertaining to his post and also on his efficiency
and conduct in the service. That report shall be
(b) The following paragraph is added:
communicated to the contract staff member, who shall
have the right to submit his comments in writing within
'7. Contract
staff
in
function
groups
II,
III
and
IV
eight working days.
may be authorised to take part in internal
competitions only after having completed three years
of service in the institution. Contract staff in function
Should it recommend dismissal or, in exceptional circum
group II may have access only to competitions at
stances, extension of the probationary period in
grades SC 1 to 2, in function group III at grades
accordance with paragraph 1, the report and the
AST 1 to 2 and in function group IV at grades AST
comments shall be transmitted immediately by the
1 to 4 or at grades AD 5 to 6. The total number of
immediate superior of the contract staff member to the
candidates who are members of the contract staff and
authority referred to in the first paragraph of Article 6.

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L 287/60
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Official Journal of the European Union
29.10.2013
A contract staff member whose work or conduct has not
(34) In Article 95, the words 'age of 63' are replaced by 'pen
proved adequate for establishment in his post shall be
sionable age';
dismissed.
The final decision shall be taken on the basis of the report
(35) Article 96 is amended as follows:
referred to in this paragraph as well as on the basis of
elements available to the authority referred to in the first
paragraph of Article 6 relating to the conduct of the
(a) in paragraph 3, the word 'adjusted' is replaced by
contract staff member with regard to Title II of the Staff
'updated';
Regulations.
(b) paragraph 11 is replaced by the following:
4. A dismissed contract staff member shall be entitled
to compensation equal to one-third of his basic salary per
month of probation completed.';
'11. Every
two
years
the
Commission
shall
present
a report on the financial situation of the
(30) In Article 85(3), the words 'Article 314 of the EC Treaty'
unemployment insurance scheme. Independently of
are replaced by 'Article 55(1) of the Treaty on European
that report, the Commission may, by means of
Union';
delegated acts in accordance with Articles 111 and
112 of the Staff Regulations, adjust the contributions
provided for in paragraph 7 if this is necessary in the
(31) Article 86(1) is amended as follows:
interests of the balance of the scheme.';
(a) the following sentence is added to the second subpara
graph:
(36) In the second sentence of the second subparagraph of
Article 101(1), the words 'age of 65' are replaced by
'age of 66';
'However, the second paragraph of Article 32 of the
Staff Regulations shall apply by analogy to contract
staff recruited in grade 1.';
(37) Article 103 is amended as follows:
(b) the following subparagraph is added:
(a) paragraph 2 is replaced by the following:
'General implementing provisions shall be adopted to
give effect to this paragraph in accordance with
'2. In the event of the death of a former contract
Article 110 of the Staff Regulations.';
staff member in receipt of an invalidity allowance or a
former contract staff member who is in receipt of a
(32) In point (b) of the first paragraph of Article 88, the words
retirement pension or who leaves the service before
'three years' are replaced by 'six years';
reaching pensionable age and requests that his
retirement pension be deferred until the first day of
the calendar month following that in which he reached
(33) Article 91 is replaced by the following:
the pensionable age, the persons entitled under the
deceased former contract staff member, as defined in
'
Chapter 4 of Annex VIII to the Staff Regulations, shall
Article 91
be entitled to a survivor's pension as provided for in
Articles 16 to 18 shall apply by analogy.
that Annex.';
The second sentence of Article 55(4) of the Staff Regu
(b) paragraph 3 is replaced by the following:
lations shall not apply by analogy to the contract staff.
Overtime worked by the contract staff in function groups
'3. Where
the
whereabouts
of
a
contract
staff
III and IV shall carry no right to compensation or remun
member or of a former contract staff member in
eration.
receipt of an invalidity allowance or retirement
pension, or of a former contract staff member who
leaves the service before reaching pensionable age
Under the conditions laid down in Annex VI to the Staff
and requests that his retirement pension be deferred
Regulations, overtime worked by the contract staff in
until the first day of the calendar month following that
function groups I and II shall entitle them either to
in which he reaches pensionable age, are unknown for
compensatory leave or to remuneration where
more than one year, the provisions of Chapters 5 and
requirements of the service do not allow compensatory
6 of Annex VIII to the Staff Regulations dealing with
leave during two months following that in which the
provisional pensions shall apply by analogy to his
overtime was worked.';
spouse and to persons recognised as his dependants.';

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EN
29.10.2013 Official
Journal
of
the
European
Union L
287/61
(38) In Article 106(4), the words '63 years of age' are replaced
'3a. The
implementing
measures
referred
to
in
by 'the pensionable age';
Article 125(1) shall provide for a conciliation
procedure which shall apply before the contract of
an accredited parliamentary assistant is terminated, at
(39) In Article 120, the words 'each institution' are replaced by
'
the request of the Member or Members of the
the authority referred to in the first paragraph of
European Parliament whom he was taken on to
Article 6';
assist or the parliamentary assistant concerned,
pursuant to point (d) of paragraph 1 and to
(40) The following Article is inserted:
paragraph 3.';
'Article 132a
(42) In Article 141, the words 'each institution' are replaced by
In accordance with the implementing measures referred to
'the authority referred to in the first paragraph of
in Article 125(1) and upon express request of the
Article 6';
respective Member or Members whom they support,
accredited parliamentary assistants may be paid only
once either an installation allowance or a resettlement
(43) The following Article is added:
allowance paid out from the respective Member's parlia
mentary assistance allowance based on evidence that a
change of the place of residence was required. The
'Article 142a
amount of the allowance shall not exceed one month's
basic salary of the assistant.';
The Commission shall, by 31 December 2020, submit a
report to the European Parliament and to the Council
assessing the functioning of these Conditions of
(41) Article 139 is amended as follows:
Employment of Other Servants.';
(a) paragraph 1 is amended as follows:
(44) The Annex is amended as follows:
(i) point (b) is replaced by the following:
(a) the following sentences are added to Article 1(1):
'(b) at the end of the month in which the
accredited parliamentary assistant reaches the
age of 66 years or, on an exceptional basis, at
'Article 21, Article 22, with the exception of paragraph
the date fixed in accordance with the second
4, Article 23, Article 24a and Article 31(6) and (7) of
and third paragraphs of Article 52 of the Staff
that Annex shall apply by analogy to other servants
Regulations;';
employed on 31 December 2013. Article 30 and
Article 31(1), (2), (3) and (5) of that Annex shall
apply by analogy to temporary staff employed on
(ii) point (d) is replaced by the following:
31 December 2013. For agents in service before
1 January 2014, the words "age of 66" in the
'(d) taking into account the fact that trust is the
second subparagraph of Article 33(1), in point (a) of
basis of the working relationship between the
Article 47, in the second subparagraph of
Member and his accredited parliamentary
Article 101(1) and in point (b) of Article 139(1) of
assistant, at the end of the period of notice
the Conditions of Employment of other Servants shall
specified in the contract, which shall give the
be read as "age of 65".';
accredited parliamentary assistant or the
European Parliament, acting at the request of
the Member or Members of the European
(b) the following Article is added:
Parliament whom the accredited parliamentary
assistant was taken on to assist, the right to
terminate the contract before its expiry. The
'Article 6
period of notice shall not be less than one
month per year of service, subject to a
With effect from 1 January 2014, contracts of
minimum of one month and a maximum of
temporary staff to whom Article 2(a) of the Conditions
three months. The period of notice shall not,
of Employment of Other Servants applies and who are
however, start to run during pregnancy if
in service on 31 December 2013 in an agency shall be
confirmed by a medical certificate, maternity
transformed, without selection procedure, into
leave or sick leave, provided such sick leave
contracts under point (f) of Article 2 of these
does not exceed three months. It shall,
Conditions of Employment. The conditions of the
moreover, be suspended during pregnancy if
contract shall remain unchanged for the rest. This
confirmed by a medical certificate, maternity
Article does not apply to contracts of temporary
or sick leave subject to these limits;';
staff engaged as heads of agencies or deputy heads
of agencies as referred to in the Union act establishing
the agency or to officials seconded in the interests of
(b) the following paragraph is inserted:
the service to an agency.'.

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L 287/62
EN
Official Journal of the European Union
29.10.2013
Article 3
1.
This Regulation shall enter into force on the third day following its publication in the Official Journal of
the European Union.
2. It shall apply as from 1 January 2014 except for Article 1, point 44, and Article 1, point 73(d) which
shall apply as from the date of entry into force of this Regulation.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 22 October 2013.
For the European Parliament
For the Council
The President
The President
M. SCHULZ
V. LEKEVIIUS

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Document Outline

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