Article 6
1. The establishment plan appended to the section of the budget related to each institution shall indicate the number of posts in each grade and function group. 2. To ensure equivalence of the average career in the career structure before 1 May 2004 (hereinafter 'old career structure') and as from 1 May 2004 (hereinafter 'new career structure') and without prejudice to the principle of promotion based on merit as laid down in Article 45 of the Staff Regulations, this 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 officials in the lower grade in active employment on 1 January of the preceding year, multiplied by the rates laid down in Annex I, point B, for that grade. These rates shall be applied on a five-year average basis as from 1 May 2004. 3. The Commission shall, on the basis of the methodology defined in paragraph 5, submit a report to the budgetary authority each year on the evolution of average careers in the two function groups in all institutions, which shall state whether the principle of equivalence has been respected and, if not, to what extent it has been breached. If it has not been respected, the budgetary authority may take such corrective safeguard measures as are appropriate to re-establish equivalence. 4. To ensure that this system remains consistent with the establishment plan, consistent with the equivalence between the old and the new career structure and consistent with budgetary discipline, the rates laid down in Annex I, point B, shall be reviewed at the end of a five-year period starting on 1 May 2004 on the basis of a report, submitted by the Commission to the Council, and a proposal by the Commission. The Council shall decide in accordance with Article 283 of the EC Treaty. 5. Equivalence shall be assessed, as a result of promotion and seniority over a given reference period on the assumption that staff numbers remain unchanged, between the average career before 1 May 2004 and the average career of officials recruited thereafter." "Article 7 1. The Appointing Authority shall, acting solely in the interest of the service and without regard to nationality, assign each official by appointment or transfer to a post in his function group which corresponds to his grade. An official may apply for a transfer within his institution. 2. An official may be called upon to occupy temporarily a post in a grade in his function group which is higher than his substantive grade. From the beginning of the fourth month of such temporary posting, he shall receive a differential allowance equal to the difference between the remuneration carried by his substantive grade and step, and the remuneration he would receive in respect of the step at which he would be classified if he were appointed to the grade of his temporary posting. The duration of a temporary posting shall not exceed one year, except where, directly or indirectly, the posting is to replace an official who is seconded to another post in the interests of the service, called up for military service or absent on protracted sick leave."; 8) Article 9 is amended as follows: (a) in paragraph 1, point (a), the following indent is inserted after the third indent: "- one or more Joint Advisory Committees on professional incompetence, as appropriate for the number of officials at the places of employment;"; (b) in paragraph 2, the second subparagraph is replaced by the following:"The staff of the institution shall be notified of the list of members of these bodies."; (c) paragraph 5 is replaced by the following: "5. The opinion of the Reports Committee shall be sought: (a) on action following completion of probationary service; and (b) on the selection of staff to be affected by any reduction in the establishment. It may be instructed by the Appointing Authority to ensure that the periodic reports on staff members are made in a uniform manner within the institution."; (d) the following paragraph is added: "6. The opinion of the Joint Advisory Committee on professional incompetence shall be sought for the application of Article 51."; 9) Article 10 is replaced by the following: "Article 10 A Staff Regulations Committee shall be set up consisting of representatives of the institutions of the Communities and an equal number of representatives of their Staff Committees. The procedure for appointing members of the Staff Regulations Committee shall be decided by common accord of the institutions. The agencies shall be jointly represented in accordance with rules to be fixed by agreement between them and the Commission. The Committee shall be consulted by the Commission on all proposals to revise the Staff Regulations; it shall deliver its opinion within the time set by the Commission. In addition to the functions conferred upon the Committee by these Staff Regulations, it may put forward suggestions for revising the Staff Regulations. The Committee shall meet at the request of its Chairman, an institution or the staff committee of an institution. Minutes of the meetings of the Committee shall be communicated to the appropriate bodies."; 10) the following Articles are added to Title I: "Article 10b The trade unions and staff associations referred to in Article 24b shall act in the general interest of the staff, without prejudice to the statutory powers of the staff committees. The Commission proposals referred to in Article 10 may be the subject of consultations by representative trade unions and staff associations.