Article 5
The Appointing Authority may lay down detailed rules for the application of these provisions."; 95) Annex V is amended as follows: (a) Article 6 is amended as follows: (i) the first paragraph is amended as follows: (A) in the seventh indent, the words "birth or" are deleted; (B) the following indents are inserted after the existing seventh indent: "- birth of a child: 10 days, to be taken during the fourteen weeks following birth, - death of the wife during maternity leave: a number of days corresponding to the remaining maternity 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 Regulations, by analogy."; (C) the following indent is inserted after the existing eighth indent: "- very serious illness of a child, as certified by a doctor, or hospitalisation of a child aged 12 or under: up to five days;"; (D) the following indents are inserted after the existing ninth indent: "- adoption of a child: 20 weeks, rising to 24 weeks in the case of the adoption of a disabled child: Every adopted child shall confer entitlement to only one period of special leave, which may be 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-time. If the spouse works outside the institutions of the Communities and benefits from comparable leave, a corresponding number of days shall be deducted from the official's entitlement. The Appointing Authority may, in case of necessity, grant additional special leave in cases where the national legislation of the country in which the adoption procedure takes place and which is not the country of employment of the adopting official requires a stay of one or both adoptive parents. - Special leave of 10 days shall be granted if the official does not benefit from the full special leave of 20 or 24 weeks by reason of the first sentence of this indent; this additional special leave shall be granted only once for each adopted child."; (ii) in the second paragraph the words "third paragraph of Article 24 of the Staff Regulations" are replaced by "Article 24a of the Staff Regulations."; (iii) the following paragraph is added: "For the purposes of this Article, the unmarried partner of an official shall be treated as the spouse where the first three conditions in Article 1(2)(c) of Annex VII are met."; (b) Article 7 is amended as follows: (i) the second and third paragraphs are deleted; (ii) the existing fifth paragraph is replaced by the following: "The preceding provisions shall apply to officials whose place of employment is within the territories of the Member States. If the place of employment is outside these territories, the travelling time shall be fixed by special decision taking into account particular needs."; 96) in Annex VI, in Articles 1 and 3, the words "categories C and D" are replaced by "grade AST 1 to AST 4"; 97) Annex VII is amended as follows: (a) Article 1 is amended as follows: (i) paragraph 1 is replaced by the following: "1. The household allowance shall be set at a basic amount of EUR 149,39, plus 2 % of an official's basic salary."; (ii) in paragraph 2, point (c) becomes (d) and a new point is inserted as follows: "(c) an official who is registered as a stable non-marital partner, provided that: (i) the couple produces a legal document recognised as such by a Member State, or any competent authority of a Member State, acknowledging their status as non-marital partners, (ii) neither partner is in a marital relationship or in another non-marital partnership, (iii) the partners are not related in any of the following ways: parent, child, grandparent, grandchild, brother, sister, aunt, uncle, nephew, niece, son-in-law, daughter-in-law; (iv) the couple has no access to legal marriage in a Member State; a couple shall be considered to have access to legal marriage for the purposes of this point only where the members of the couple meet all the conditions laid down by the legislation of a Member State permitting marriage of such a couple"; (iii) in new paragraph 2(d), the words "laid down in (a) and (b)" are replaced by "laid down in (a), (b) and (c)"; (iv) in paragraph 3, first sentence, the words "the third step of grade C 3" are replaced by "the second step of grade 3"; (b) Article 2 is amended as follows: (i) in paragraph 1 the figure "EUR 247,86" is replaced by "EUR 326,44"; (ii) in paragraph 2, the following subparagraph is added: "Any child whom the official has a responsibility to maintain under a judicial decision based on Member States' legislation on the protection of minors shall be treated as a dependant child."; (c) Article 3 is amended as follows: (i) the existing text of the Article becomes paragraph 1 and is numbered accordingly; (ii) in new paragraph 1, the first subparagraph is replaced by the following: "1. Subject to the conditions laid down in the general implementing provisions, an official shall receive an education allowance equal to the actual education costs incurred by him up to a maximum of EUR 221,50 per month for each dependent child, within the meaning of Article 2(2) of this Annex, who is at least five years old and in regular full-time attendance at a primary or secondary school which charges fees or at an establishment of higher education. The requirement of attendance at a school which charges fees shall not apply to the reimbursement of the cost of school transport."; (iii) the third subparagraph is amended as follows: (A) the first sentence is replaced by the following: "The allowance paid shall be subject to a ceiling of twice the maximum prescribed in the first subparagraph for:"; (B) in the second indent, the following is added: "or where the child attends a higher education establishment in a country other than that of the official's place of employment."; (C) the following indent is added after the second indent: "- in the same condition as in the foregoing two indents, persons entitled to the allowance who are not in active service, taking account of the place of residence instead of the place of employment."; (iv) a new subparagraph is inserted after the third subparagraph as follows: "The requirement of attendance at a school that charges fees shall not apply to payments under the third subparagraph."; (v) the following paragraph is added: "2. For each dependent child within the meaning of Article 2(2) of this Annex who is less than five years old or is not yet in regular full-time attendance at a primary or secondary school, the amount of this allowance is fixed at EUR 79,74 a month. The first sentence of the last subparagraph of paragraph 1 shall apply."; (d) Sections 2a and 2b including Articles 4a and 4b are deleted; (e) Article 5(1) is amended as follows: (i) the first subparagraph is replaced by the following: "1. 'An installation allowance equal to two months' basic salary in the case of an official who is entitled to the household allowance, and equal to one month's basic salary in other cases shall be paid to an established official who furnishes evidence that a change in the place of residence was required in order to satisfy the requirements of Article 20 of the Staff Regulations."; (ii) in the second subparagraph, the words "or other servants" are inserted after "husband and wife who are officials" and the word "settlement" is replaced by "installation"; (f) Article 6(1) is amended as follows: (i) the first subparagraph is amended as follows: (A) in the first sentence, the words "who satisfies the requirements of Article 5(1)" are replaced by "who provides evidence of a change of residence"; (B) in the second sentence, the words "or other servants" are inserted after "husband and wife who are officials"; (g) Article 7(2) is replaced by the following: "1. The basis for calculating the reimbursement shall be the first-class rail fare on the shortest and most economical habitual route by rail between the place of employment and the place of recruitment or origin. Where the route referred to in the first subparagraph exceeds 500 km and in cases where the usual route includes a sea crossing, the official concerned shall be entitled, on production of the tickets, to reimbursement of the cost of travel by air in business class or equivalent. Where a means of transport other than those mentioned above is used, calculation of reimbursement shall be based on the cost by rail, excluding sleeper accommodation. Where calculation on this basis is not possible, the terms of reimbursement shall be determined by special decision of the Appointing Authority."; (h) Article 8 is amended as follows: (i) paragraphs 1 and 2 are replaced by the following: "1. Officials shall be entitled to be paid in each calendar year a sum equivalent 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 entitled to the household allowance, for the spouse and dependants within the meaning of Article 2. Where a husband and wife are both officials of the Communities, each has the right in respect of himself or herself and in respect of dependants to the flat-rate payment of travelling expenses, in accordance with the above provisions; each dependant shall be entitled to one payment only. The payment in respect of dependent children is fixed at the request of the husband or wife, on the basis of the place of origin of one or other of them. Where an official marries during a given year and 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. Any alteration to the basis of calculation which may arise from changes in family status after the date of payment of the sums in question shall not render the official concerned liable to make repayment. Travel expenses for children aged two to ten years shall be calculated on the basis of half of the kilometric allowance and half the flat-rate supplement, the children being deemed for the purposes of calculation to have completed their second or tenth year on 1 January of the current year. 2. The flat-rate payment shall be based on an allowance per kilometre of distance between the official's place of employment and place of recruitment or origin; such distance to be calculated according to the method laid down in the first subparagraph of Article 7(2). >TABLE> To the above kilometric allowance a flat-rate supplement shall be added, amounting to: EUR 166 if the distance by train between the place of employment and the place of origin is between 725 km and 1450 km, EUR 331,99 if the distance by train between the place of employment and the place of origin is greater than 1450 km, The above kilometric allowances and flat-rate supplements shall be adapted every year in the same proportion as remuneration."; (ii) paragraph 4 is replaced by the following: "4. The preceding provisions shall apply to officials whose place of employment is within the territories of the Member States. Officials whose place of employment is outside the territory of the Member States shall be entitled for themselves and, if they are entitled to receive the household allowance, for their spouse and other dependants within the meaning of Article 2, in each calendar year, to repayment of 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 official at the place of employment, they shall be entitled each calendar year to reimbursement of travel expenses from the place of origin to the place of employment or to another place not exceeding the cost of the former journey. These travel expenses shall be reimbursed in the form of a flat-rate payment based on the cost of air travel in the class immediately superior to economy class."; (i) Article 10 is amended as follows: (i) paragraph 1 is replaced by the following: "1. Where an official furnishes evidence that a change in the place of residence is required in order to comply with Article 20 of the Staff Regulations, such official shall be entitled for a period specified in paragraph 2 of this Article to a subsistence allowance per calendar day as follows: Official entitled to receive household allowance: EUR 34,31. Official not entitled to receive household allowance: EUR 27,67. The above scale shall be reviewed each time remuneration are revised pursuant to Article 65 of the Staff Regulations."; (ii) in paragraph 2, second subparagraph, the words "or other servants" are inserted after "husband and wife who are officials"; (iii) paragraph 3 is deleted; (j) Article 11 is amended as follows: (i) in paragraph 1, the second subparagraph is deleted; (ii) in paragraph 2, the first sentence is replaced by the following: "The travel order shall state the probable duration of the mission, on the basis of which shall be calculated any advance which the official may draw against the daily subsistence allowance."; (iii) the following paragraph is added: "3. Save in special cases, to be determined by special decision and in particular where an official is called back from leave, the reimbursement of mission expenses shall be limited to the cost of the most economical journey between the place of employment and the place of mission which does not require the official on mission to extend his stay significantly."; (k) Articles 12 and 13 are replaced by the following: "Article 12 1. Travel by rail Travel expenses for missions carried out by rail shall be reimbursed on presentation of supporting documents on the basis of the cost of transport in first class by the shortest route between the place of employment and the place of the mission. 2. Travel by air Officials shall be authorised to travel by air if the outward and return journeys by rail would total at least 800 kilometres. 3. Travel by sea The Appointing Authority shall authorise in each case and on the basis of the length and cost of the journey the classes to be used and the cabin supplements which may be reimbursed. 4. Travel by car Travel costs shall be reimbursed in the form of a lump sum based on the rail cost, in accordance with point 1; no other supplement shall be paid. In the case of an official travelling on mission in special circumstances, however, the Appointing Authority may decide to grant that official an allowance per kilometre covered instead of the reimbursement of travel costs provided for above, if the use of public transport presents clear disadvantages.