Article 3b
For the purposes of these Conditions of Employment, 'contract staff for auxiliary tasks' means staff engaged in an institution within the time limits set in Article 88 in one of the function groups referred to in Article 89a: (a) to perform full-time or part-time duties others than those referred to in Article 3a(1)(a), without being assigned to a post included in the list of posts appended to the section of the budget relating to the institution concerned, (b) to replace, after the possibilities of temporary posting of officials within the institution have been examined, certain persons who are unable for the time being to perform their duties, namely: (i) officials or temporary staff in the function group AST; (ii) exceptionally, officials or temporary staff in the function group AD occupying a highly specialised post, except Heads of Unit, Directors, Directors General and equivalent functions. The use of contract staff for auxiliary tasks is excluded where Article 3a applies."; 5) Article 4 is replaced by the following: "Article 4 For the purposes of these Conditions of Employment, 'local staff' means staff engaged in places outside the European Union according to local practice for manual or service duties, assigned to a post not included in the list of posts appended to the section of the budget relating to each institution and paid from the total appropriations for the purpose under that section of the budget. Staff engaged in places of employment situated outside the European Union for duties other than those mentioned above which, in the interests of the service, could not be assigned to an official or servant having another capacity within the meaning of Article 1, shall also be regarded as local staff."; 6) in Article 6, in the second paragraph, the words "the provisions of the second paragraph of Article 1" are replaced by "Article 1a(2), Article 1b", and the words "of the second paragraph of Article 2" are replaced by "Article 2(2)"; 7) in Article 7a the figure "24a" is replaced by "24b"; 8) Article 8 is replaced by the following: "Article 8 Temporary staff to whom Article 2(a) applies may be engaged for a fixed or indefinite period. The contracts of such staff who are engaged for a fixed period may be renewed not more than once for a fixed period. Any further renewal shall be for an indefinite period. Temporary staff to whom Article 2(b) or (d) applies shall not be engaged for more than four years but their engagement may be limited to any shorter duration. Their contracts may be renewed not more than once for a maximum period of two years if the possibility of renewal has been provided for in the initial contract and within the limits provided for in that contract. At the end of that time, they shall no longer be employed as temporary staff under these provisions. On the expiry of their contracts, such servants may be assigned to established posts in the institutions only if they are appointed as officials in accordance with the Staff Regulations. Temporary staff to whom Article 2(c) applies shall be engaged for an indefinite period."; 9) the following Article is inserted after Article 9: "Article 9a The Commission shall provide a yearly report on the use of temporary staff including numbers of staff, level and type of posts, geographical balance and budgetary resources per function group."; 10) Article 10 is replaced by the following: "Article 10 Articles 1d, 1e, 5(1), (2), (3) and (4), and Article 7 of the Staff Regulations shall apply by analogy. The grade and step at which temporary staff are engaged shall be stated in their contract. Assignment of temporary staff to a post carrying a higher grade than that at which they were engaged shall be recorded in an agreement supplementary to their contract of service. Title VIII of the Staff Regulations shall apply by analogy to temporary staff paid from appropriations for research and investment in the general budget of the European Union. Title VIIIa of the Staff Regulations shall apply by analogy to temporary staff serving in a third country."; 11) In Article 12 the following paragraphs are added: "3. The European Communities Personnel Selection Office (hereinafter 'the Office') shall, at their request, provide assistance to the different institutions with a view to the selection of temporary staff, in particular by defining the contents of the tests and organising the selection procedures. The Office shall ensure the transparency of selection procedures for temporary staff engaged under Article 2(a), (b) and (d). 4. At the request of an institution the Office shall, in selection procedures organised for the engagement of temporary staff, ensure the application of the same standards as for the selection of officials. 5. Each institution shall adopt general provisions on the procedures for recruitment of temporary staff in accordance with Article 110 of the Staff Regulations, as necessary."; 12) Article 14 is amended as follows: (a) the third paragraph is replaced by the following: "Not less than one month before the expiry of the probationary period, a report shall be made on the ability of the member of the temporary staff to perform the duties pertaining to his post and also on his conduct and efficiency in the service. The report shall be communicated to the person concerned, who shall have the right to submit his comments in writing. A member of the temporary staff whose work has not proved adequate to justify retention in his post shall be dismissed. However, the authority referred to in the first paragraph of Article 6 may, in exceptional circumstances, extend the probationary period for a maximum of six months, and possibly assign the member of the temporary staff to another department."; (b) in the fourth paragraph, the words; the period of service may not, however, exceed the normal probationary period are deleted; 13) in Article 15(2), the words "to servants within the meaning of Article 2(a), (c) and (d)" are deleted; 14) in Article 16, the first paragraph is replaced by the following: "Articles 42a, 42b and 55 to 61 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 parental and family leave shall not extend beyond the term of the contract."; 15) Article 17 is amended as follows: (a) in the first paragraph, second indent, the figure "six" is replaced by "twelve"; (b) in the fourth paragraph, (i) the words "who provides evidence that he cannot be covered by any other public scheme of insurance against the risks referred to in Article 28" are replaced by "who is not gainfully employed", (ii) the words "in accordance with that Article" are replaced by "against the risks referred to in Article 28", and (iii) the words "required to cover the risks referred to in Article 28" are replaced by "provided for in that Article"; 16) Article 20 is replaced by the following: "Article 20 1. Articles 63, 64, 65 and 65a of the Staff Regulations, concerning the currency in which remuneration is to be expressed and adjustments to such remuneration, shall apply by analogy. 2. Articles 66, 67, 69 and 70 of the Staff Regulations, concerning basic salaries, family allowances, expatriation allowance and payment in the event of death, shall apply by analogy. 3. The provisions of Article 66a of the Staff Regulations on the special levy shall apply by analogy to temporary staff. 4. A member of temporary staff who has been at one step in his grade for two years shall automatically advance to the next step in that grade". 17) In Article 21, the words "3, 4 and 4a" are replaced by "3 and 4", and the words "family allowances, expatriation allowance and temporary fixed allowances" are replaced by "family allowances and expatriation allowance"; 18) Article 24(3) is replaced by the following: "3. However, the installation allowance provided for in paragraph 1 and the resettlement allowance provided for in paragraph 2 shall not be less than: (a) EUR 976,85 for a servant who is entitled to the household allowance; and (b) EUR 580,83 for a servant who is not entitled to the household allowance. In cases where a husband and wife who are officials or other servants of the Communities are both entitled to the settlement allowance or resettlement allowance, this shall be payable only to the person whose basic salary is the higher."; 19) in Article 28, first paragraph, the words "invalidity pension" are replaced by "invalidity allowance"; 20) Article 28a is amended as follows: (a) paragraphs 3 and 4 are replaced by the following: "3. The unemployment allowance shall be set by reference to the basic salary attained by the former member of the temporary staff at the time of the termination of his service. The allowance shall be set at: (a) 60 % of the basic salary for an initial period of 12 months, (b) 45 % of the basic salary for the 13th to the 24th month, (c) 30 % of the basic salary for the 25th to the 36th month. Other than during an initial six-month period, in which the lower limit specified below is applicable but the upper limit is not, the amounts thus calculated may neither be less than EUR 1171,52 nor exceed EUR 2343,04. These limits shall be adjusted, in the same way as the salary scales set out in Article 66 of the Staff Regulations, in accordance with Article 65 of the Staff Regulations. 4. The period during which the unemployment allowance is payable to a former member of the temporary staff may not be more than 36 months from the date of termination of service and shall in no case exceed the equivalent of one third of the actual length of service completed. However, if, during that period, the former member of the temporary staff ceases to fulfil the conditions laid down in paragraphs 1 and 2, payment of the unemployment allowance shall be suspended. Payment shall resume if, before the expiry of that period, the former member of the temporary staff again fulfils the said conditions and is not entitled to national unemployment benefit."; (b) paragraphs 6 and 7 are replaced by the following: "6. The unemployment allowance and the family allowances shall be paid by the Commission in euro. No correction coefficient shall be applicable. 7. Members of the temporary staff shall contribute one third of the financing of the unemployment insurance scheme. That contribution shall be set at 0,81 % of the basic salary of the person concerned after deducting a standard allowance of EUR 1065,02 and without taking account of the correction coefficients provided for in Article 64 of the Staff Regulations. The contribution shall be deducted each month from the salary of the person concerned and paid, together with the remaining two thirds to be borne by the institution, into a Special Unemployment Fund. This Fund shall be common to the institutions and the latter shall pay their contributions to the Commission each month, no later than eight days after the payment of remunerations. All expenditure under this Article shall be authorised and paid by the Commission in accordance with the provisions of the Financial Regulation governing the general budget of the European Union."; (c) paragraph 11 is replaced by the following: "11. One year after the introduction of this unemployment insurance scheme and every two years thereafter, the Commission shall present the Council with a report on the financial situation of the scheme. Independently of this report, the Commission may present to the Council proposals for adjusting the contributions provided for in paragraph 7 if this is necessary in the interests of the balance of the scheme. The Council shall act on the proposals in accordance with paragraph 3."; 21) in Article 30 the words "or a disability," are inserted after "illness contracted,"; 22) Article 33 is replaced by the following: "Article 33 1. A servant who is suffering from total invalidity and who, for that reason, is obliged to suspend employment with the institution shall be entitled, for as long as the invalidity lasts, to an invalidity allowance, the amount of which shall be determined as follows. Article 52 of the Staff Regulations shall apply by analogy to recipients of an invalidity allowance. If the recipient of an invalidity allowance retires before the age of 65 without having reached the maximum pension entitlement, the general rules on retirement pensions shall be applied. The amount of the retirement pension shall be based on the salary for the grade and step occupied by the servant when he became an invalid. The invalidity allowance shall be 70 % of the final basic salary of the member of the temporary staff. However, it shall not be less than the minimum subsistence figure, as defined in Article 6 of Annex VIII to the Staff Regulations. The invalidity allowance shall be subject to contributions to the pension scheme, calculated on the basis of that allowance. Where the invalidity of the servant arises from an accident in the course of or in connection with the performance of his duties, from an occupational disease, from a public-spirited act or from risking life and limb to save another human being, the invalidity allowance shall not be less than 120 % of the minimum subsistence figure. In such cases the pension contributions shall be borne by the budget of the former employer. In the case of invalidity deliberately brought about by the servant, the authority referred to in the first paragraph of Article 6 may decide that he should receive only the grant provided for in Article 39. Persons entitled to an invalidity allowance shall also be entitled to the family allowances provided for in Article 67 of the Staff Regulations in accordance with Annex VII to the Staff Regulations; the household allowance shall be determined on the basis of the recipient's allowance. 2. Invalidity shall be established by the Invalidity Committee provided for in Article 9 of the Staff Regulations. 3. The institution referred to in Article 40 of Annex VIII to the Staff Regulations may require periodic examinations of the recipient of an invalidity allowance to establish that he still fulfils the conditions for payment of that allowance. If the Invalidity Committee finds that these conditions are no longer fulfilled, the servant shall resume service with the institution, providing his contract has not expired. However, if it proves impossible to employ the person concerned in the service of the Communities, the contract may be terminated subject to payment of an amount corresponding to the remuneration that would have been paid during the period of notice and, where applicable, to the compensation for termination of contract provided for in Article 47. Article 39 shall also apply."; 23) Article 34 is amended as follows: (a) in the second paragraph, the words "invalidity pension" are replaced by "invalidity allowance" and the figure "60" is replaced by "63"; (b) in the third paragraph, the word "allowance" is inserted after the word "invalidity" and "60" is replaced by "63"; 24) in Article 35, the word "widow" is replaced by "surviving spouse"; 25) Article 36 is amended as follows: (a) in the first paragraph, the word "widow" is replaced by "surviving spouse" and the words "widow's pension" are replaced by "survivor's pension"; (b) in the second paragraph, the words "widow's pension" are replaced by "survivor's pension"; 26) Article 37 is replaced by the following: "Article 37 Where a servant or person entitled to a retirement pension or invalidity allowance dies leaving no spouse entitled to a survivor's pension, the children deemed to be dependent on him at the time of death shall be entitled to an orphan's pension in accordance with Article 80 of the Staff Regulations. The same entitlement shall apply to children who fulfil the foregoing conditions in the event of death or remarriage of a spouse who is entitled to a survivor's pension. Where a servant or a person entitled to a retirement pension or invalidity allowance dies but the conditions set out in the first paragraph are not satisfied, the provisions of the third paragraph of Article 80 of the Staff Regulations shall apply. In the event of the death of a former member of the temporary staff within the meaning of Article 2(a), (c) or (d) who leaves the service before reaching 63 years of age and requests that his retirement pension be deferred until the first day of the calendar month following that in which he reaches 63 years of age, children deemed to be his dependants in accordance with Article 2 of Annex VII to the Staff Regulations shall be entitled to an orphan's pension on the same terms as those set out in the preceding paragraphs. The orphan's pension of a person treated as a dependent child as defined in Article 2(4) of Annex VII to the Staff Regulations may not exceed twice the dependent child allowance. No orphan's pension shall be payable where a natural parent who has been replaced by an adoptive parent dies. Orphans shall be entitled to an education allowance in accordance with Article 3 of Annex VII to the Staff Regulations."; 27) Article 39 is replaced by the following: "Article 39 1. On leaving the service, a servant within the meaning of Article 2 shall be entitled to a retirement pension, 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 servant is entitled to a retirement pension his pension rights shall be reduced in proportion to the amounts paid under Article 42. Article 9(2) of Annex VIII to the Staff Regulations shall apply under the following conditions: the Appointing Authority may decide, in the interests of the service on the basis of objective criteria and transparent procedures introduced by means of general implementing provisions, not to apply any reduction to the pension of a temporary servant, up to a maximum of eight temporary servants in all institutions in any one year. The annual number may vary, subject to an average of ten every two years and the principle of budget neutrality. Before five years have elapsed, the Commission shall submit to the European Parliament and the Council an evaluation report on the implementation of this measure. Where appropriate, the Commission shall submit a proposal to change after five years the maximum annual number on the basis of Article 283 of the EC Treaty. 2. Article 11(2) and (3) of Annex VIII of the Staff Regulations shall be applied by analogy to servants within the meaning of Article 2 of these Conditions of Employment. 3. A person who becomes entitled to a retirement pension shall be entitled to the family allowances provided for in Article 67 of the Staff Regulations. The percentage component of the household allowance shall be calculated on the basis of the recipient's pension."; 28) in Article 40, the fourth paragraph is replaced by the following: "The preceding paragraph shall not apply to a servant who, in the three months following application of the Staff Regulations to him, asks to be allowed to repay such sums plus compound interest at the rate of 3,5 % per year, which may be revised following the procedure laid down in Article 12 of Annex XII to the Staff Regulations."; 29) in Article 41, the words "and Article 83a" are inserted after "Article 83"; 30) in Article 42, the words "16,5 % of his basic salary" are replaced by "twice the rate provided for in Article 83(2) of the Staff Regulations"; 31) Article 47 is replaced by the following: "Article 47 Apart from cessation on death, the employment of temporary staff shall cease: (a) at the end of the month in which the servant reaches the age of 65 years; or (b) where the contract is for a fixed period: (i) on the date stated in the contract; (ii) at the end of the period of notice specified in the contract giving the servant or the institution the option to terminate earlier. The period of notice shall not be less than one month per year of service, subject to a minimum of one month and a maximum of three months. For temporary staff whose contracts have been renewed the maximum shall be six months. The period of notice shall not, however, commence to run during maternity leave or sick leave, provided such sick leave does not exceed three months. It shall, moreover, be suspended during maternity or sick leave subject to the limits aforesaid. If the institution terminates the contract, the servant shall be entitled to compensation equal to one third of his basic salary for the period between the date when his duties end and the date when his contract expires; (iii) where the servant no longer satisfies the conditions laid down in Article 12(2), point (a), subject to the possibility of authorising an exception under that provision. Should the exception not be authorised, the period of notice referred to in subpoint (ii) of this point (b) shall apply; or (c) where the contract is for an indefinite period: (i) at the end of the period of notice stipulated in the contract; the length of the period of notice shall not be less than one month for each completed year of service, subject to a minimum of three months and a maximum of 10 months. The period of notice shall not, however, commence to run during maternity leave or sick leave, provided such sick leave does not exceed three months. It shall, moreover, be suspended during maternity or sick leave subject to the limits aforesaid; or (ii) where the servant no longer satisfies the conditions laid down in Article 12(2), point (a), subject to the possibility of authorising an exception under that provision. Should the exception not be authorised, the period of notice referred to in subpoint (i) of this point (c) shall apply."; 32) Point (b) of Article 48 is deleted, and point (c) is renumbered point (b); 33) in Article 49(1), second subparagraph, the words "Article 88 of" are replaced by "Articles 23 and 24 of Annex IX to"; 34) in Article 50(2), second subparagraph, the words "Article 88 of" are replaced by "Articles 23 and 24 of Annex IX to"; 35) Articles 51 and 52 are replaced by the following: "Article 51 The contracts of auxiliary staff shall be concluded for a fixed period; they shall be renewable.