Article 2
The Conditions of Employment of Other Servants of the European Communities shall be amended as follows: 1. the title shall be replaced by ‘Conditions of Employment of Other Servants of the European Union’; 2. except in Article 28a(8), the words ‘European Communities’ shall be replaced by ‘European Union’ and the words ‘Community’ and ‘Communities’ shall be replaced by ‘Union’ and any necessary grammatical changes shall be made; 3. in Article 12(3) and Article 82(5) the words ‘European Communities Personnel Selection Office’ shall be replaced by ‘European Personnel Selection Office’; 4. in Article 39(1) the words ‘Article 283 of the EC Treaty’ shall be replaced by ‘Article 336 of the Treaty on the Functioning of the European Union’; 5. Article 2 shall be amended as follows: (a) in point (c) the words ‘the Treaties establishing the Communities or the Treaty establishing a Single Council and a Single Commission of the European Communities, or the elected President of one of the institutions or organs of the Communities’ shall be replaced by ‘the Treaty on European Union or the Treaty on Functioning of the European Union, or the elected President of one of the institutions or organs of the Union’; (b) the following point shall be added: ‘(e) staff seconded from national diplomatic services of the Member States engaged to fill temporarily a permanent post in the EEAS.’; 6. in the first paragraph of Article 3a, the following subparagraph shall be added: ‘Staff engaged for the performance of full-time or part-time duties in Union delegations may be temporarily assigned to the seat of the institution under the mobility procedure set out in Articles 2 and 3 of Annex X to the Staff Regulations.’; 7. in Article 3b, the second paragraph shall be replaced by the following: ‘Except in the cases referred to in the second subparagraph of Article 3a(1), the use of contract staff for auxiliary tasks is excluded where Article 3a applies.’; 8. Article 10 shall be amended as follows: (a) the four existing paragraphs shall be numbered; (b) the last sentence of paragraph 4 shall be deleted; (c) the following paragraph shall be added: ‘5. Articles 95, 96 and 99 of the Staff Regulations shall apply by analogy to temporary staff. Title VIIIb of the Staff Regulations shall apply by analogy to temporary staff serving in a third country.’; 9. in Article 47, point (a) shall be replaced by the following: ‘(a) at the end of the month in which the servant reaches the age of 65 years or, where applicable, at the date fixed in accordance with Article 50c(2); or’; 10. the following Chapter shall be added to Title II: ‘CHAPTER 10 Article 50b 1. Staff from national diplomatic services of the Member States who were selected under the procedure laid down in Article 98(1) of the Staff Regulations and who are seconded by their national diplomatic services shall be engaged as temporary staff under Article 2(e). 2. They may be engaged for a maximum period of four years. Contracts may be renewed for a maximum period of four years. Their engagement should not exceed eight years in total. However, in exceptional circumstances and in the interest of the service, at the end of the eighth year, the contract may be extended for a maximum period of two years. Each Member State shall provide its officials who have become temporary agents in the EEAS with a guarantee of immediate reinstatement at the end of their period of service to the EEAS, in accordance with the applicable provisions of its national law. 3. The Member States shall support the Union in the enforcement of any liability under Article 22 of the Staff Regulations of EEAS temporary agents referred to in Article 2(e) of these Conditions of Employment. Article 50c 1. Articles 37, 38 and 39 of the Staff Regulations shall apply by analogy. Secondment shall not extend beyond the term of the contract. 2. The second subparagraph of Article 52(b) of the Staff Regulations shall apply by analogy.’; 11. the following paragraph shall be added to Article 80: ‘5. Articles 95, 96 and 99 of the Staff Regulations shall apply by analogy.’; 12. Article 118 shall be replaced by the following: ‘Article 118 Annex X to the Staff Regulations shall apply by analogy to contract staff serving in third countries. However, Article 21 of that Annex shall only apply if the duration of the contract is for a period of not less than one year.’; 13. Article 121 shall be replaced by the following: ‘Article 121 As regards social security, the institution shall be responsible for the employer’s share of the social security contributions under current regulations in the place where the servant is to perform his duties, unless the seat agreement provides otherwise. The institution shall set up an autonomous or complementary system of social security for countries where coverage by the local system either does not exist or is insufficient.’; 14. in Article 124, the words ‘the first and second paragraphs of Article 23’ shall be replaced by ‘Article 23’.