Council Regulation (Euratom, ECSC, EEC) No 680/87 of 23 February 1987 amending Regulation (ECSC, EEC, Euratom) No 1860/76 laying down the conditions of employment of staff of the European Foundation for the improvement of Living and Working Conditions

1987R0680 — EN — 15.03.1987 — 000.001

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

Corrected by:

COUNCIL REGULATION (EURATOM, ECSC, EEC) No 680/87

of 23 February 1987

amending Regulation (ECSC, EEC, Euratom) No 1860/76 laying down the conditions of employment of staff of the European Foundation for the improvement of Living and Working Conditions

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to Council Regulation (EEC) No 1365/75 of 26 March 1975 establishing a European Foundation for the improvement of Living and Working Conditions (1), and in particular Article 17 thereof,

Having regard to Council Regulation (ECSC, EEC, Euratom) No 1860/76 of 29 June 1976 laying down the conditions of employment of staff of the European Foundation for the improvement of Living and Working Conditions (2), as last amended by Regulation (ECSC, EEC, Euratom) No 510/82 (3),

Having regard to the proposal from the Commission,

Whereas it is for the Council, acting on a proposal from the Commission, to amend these conditions of employment;

Whereas the conditions of employment of staff of the Foundation should be brought into closer alignment with those enjoyed by temporary staff of the European Communities,

HAS ADOPTED THIS REGULATION:

Article 1

The second paragraph of Article 2 of the Conditions of Employment is hereby amended as follows:

‘Fixed-term contracts may not be concluded for periods of more than five years; fixed-term contracts may be renewed on the same basis once only. Any subsequent renewal shall be for an indefinite period.’

Article 2

The table in the third paragraph of Article 4 of the Conditions of Employment is hereby amended as follows:

Article 3

The third paragraph of Article 5 of the Conditions of Employment is hereby replaced by the following:

‘A staff member assigned to a post in a higher grade than at which he was engaged shall, in his new grade, have the seniority corresponding to the notional step equal to or next above the notional step reached in his former grade, plus the amount of the two-yearly increment for his new grade.

For the purpose of this provision, each grade shall be divided into notional steps corresponding to months of service and notional salaries, rising by one twenty-fourth of the two-yearly increment for that grade, throughout the span of the actual steps. In no case shall the staff member receive in his new grade a basic salary lower than that which he would have received in his former grade.

A staff member assigned to a post in a higher grade than that at which he was engaged shall be classified not lower than the initial step for that grade.’

Article 4

The following Article is hereby inserted in the Conditions of Employment:

‘Article 5a

The ability, efficiency and conduct in the service of each staff member shall be the subject of a periodical report made at least once every two years as provided for by the director in agreement with the Commission of the European Communities after consulting the Staff Committee of the Foundation.’

Article 5

Article 11 is hereby replaced by the following:

‘Article 11

A staff member who is a candidate for elective public office shall apply for leave on personal grounds for a period not exceeding three months.

The director shall consider the case of any staff member elected to such office. Having regard to the importance of the office and the duties it entails, the director shall decide whether the staff member concerned should continue in active employment or apply for leave on personal grounds. In the latter case, the duration of the leave shall be equal to the term for which the staff member has been elected. Where the employee has a fixed-term contract, however, the duration of leave on personal grounds shall not exceed the unexpired period of the contract.’

Article 6

The following paragraph is hereby added to Article 24 of the Conditions of Employment:

‘Where a negative medical opinion is given as a result of the medical examination provided for in the first paragraph, the candidate may, within twenty days of being notified of this opinion by the Foundation, request that his case be submitted for the opinion of a medical committee composed of three doctors chosen by the director from among the Community's medical officers. The doctor responsible for the initial negative opinion shall be heard by the medical committee. The candidate may refer the opinion of a doctor of his choice to the medical committee. Where the opinion of the medical committee confirms the conclusions of the medical examination provided for in the first paragraph, the candidate shall pay 50 % of the fees and of the incidental costs.’

Article 7

Article 25 of the Conditions of Employment is hereby replaced by the following:

‘Article 25

A staff member may be required to serve a probationary period not exceeding six months.

Where, during his probationary period, a staff member is prevented, by sickness or accident, from performing his duties for one duties for one month or more, the director may extend his probationary period by the corresponding length of time.

Not less than one month before the expiry to the probationary period, a report shall be made on the ability of the staff member to perform the duties pertaining to his post and also on his efficiency and conduct in the service. This report shall be communicated to the person concerned, who shall have the right to submit his comments in writing. A probationer whose work has not proved adequate for establishment in his post shall be dismissed.

A report on the probationer may be made at any time during the probationary period if his work is proving obviously inadequate. The report shall be communicated to the person concerned, who shall have the right to submit his comments in writing. On the basis of the report the director may decide to dismiss the probationer before the end of the probationary period, giving him one month's notice; the period of service may not, however, exceed the normal probationary period.

A dismissed probationer shall receive compensation equal to one third of his basic salary for each full month of the probationary period served.’

Article 8

The following Article is hereby added to the Conditions of Employment:

‘Article 29a

Exceptionally, the director may, upon application setting out the reasons therefor, authorize a staff member to work half-time if he considers that this would be fully in the interests of the Foundation.

The procedure for granting this autorization is laid down in Annex VII.

A staff member authorized to work half-time shall in each month, in the manner provided for by the director, work half the normal working time.’

Article 9

The fourth paragraph of Article 30 (1) of the Conditions of Employment is hereby replaced by the following:

‘Paid sick leave shall not, however, exceed three months, or the length of time worked by the staff member where the latter period is longer. The leave shall not extend beyond the term of his contract.’

Article 10

Article 33 of the Conditions of Employment is hereby replaced by the following:

‘Article 33

In exceptional circumstances a staff member may at his own request be granted unpaid leave on compelling personal grounds. The director shall determine the length of such leave, which shall not exceed one quarter of the length of time already worked by the staff member concerned or:

—three months for staff having less than four years' seniority,

—six months in all other cases.

During his leave, a staff member shall cease to be insured against sickness and accident as provided for in Articles 38 and 38a.

However, a staff member who provides evidence that he cannot be covered by any other public scheme of insurance against the risks referred to in Articles 38 and 38a may, not later than the month following that in which his unpaid leave begins, apply to continue to be covered in accordance with those Articles, provided that he bears half the cost of the contributions required to cover the risks referred to in Articles 38 and 38a for the duration of his leave; the contributions shall be calculated by reference to the staff member's last basic salary.

Moreover, a staff member who proves that he cannot be covered by any other pension scheme may apply to continue to acquire further pension rights for the duration of his unpaid leave, provided that he bears the cost of the contribution equal to three times the rate laid down in Article 41(h); the contributions shall be calculated by reference to the basic salary for his grade and step.

Any period of unpaid leave or leave on personal grounds shall not count for the purposes of the application of the second paragraph of Article 35.’

Article 11

Article 34 of the Conditions of Employment is hereby replaced by the following:

‘Article 34

A staff member who is called up for military service, alternative non-combatant service or reserve training or is recalled to serve in the armed forces shall be assigned the status of “leave for military service”; in the case of a staff member with a fixed-term contract, this status may in no circumstances extend beyond the duration of the contract.

A staff member who is called up for military or alternative non-combatant service shall cease to receive his remuneration but shall retain his right to advancement to a higher step and promotion under these conditions of employment. He shall also retain his right to retirement pension if, after completing his military or alternative non-combatant service, he pays up his pension contributions retroactively.

A staff member who is called up for reserve training or recalled to serve in the armed forces shall, during the period of training or recall, continue to receive his remuneration subject to deduction of an amount equal to his service pay.’

Article 12

In Article 38 of the Conditions of Employment:

(a)The first subparagraph of paragraph 1 is hereby replaced by the following: ‘1.  A staff member, his spouse, where such spouse is not eligible for benefits of the same nature and of the same level by virtue of any other legal provisions or regulations, his children and other dependants within the meaning of Article 7 of Annex IV are, during the period of service of the staff member, periods of sick leave, periods of leave on personal grounds under Article 11 and periods of unpaid leave under Article 33, insured, subject to the conditions laid down in these Articles and subject to the rules referred to in Article 1 of Annex V, against sickness up to 80 % of the expenditure incurred. This rate shall be increased to 85 % for the following services: consultations and visits, surgical operations, hospitalization, pharmaceutical products, radiology, analyses, laboratory tests and prostheses on medical prescription with the exception of dental prostheses. It shall be increased to 100 % in cases of tuberculosis, poliomyelitis, cancer, mental illness and other illnesses recognized by the Commission of the European Communities as of comparable seriousness, and for early detection screening and in cases of confinement. However, reimbursement at 100 % shall not apply in the case of occupational disease or accident having given rise to the application of Article 38a.’

(b)Paragraph 2 is hereby replaced by the following: ‘2.  If he provides evidence that he cannot be covered by any other scheme of sickness insurance established by law or regulation, a staff member may, not later than one month following the expiry of his contract apply to continue, for a maximum of six months after expiry of his contract, to be insured against sickness as provided for in the first subparagraph of paragraph 1. The contribution referred to in the rules mentioned in Article 1 (2) of Annex V shall be calculated by reference to the last basis salary received by the staff member, half the contribution being borne by him. By decision of the director, taken after consulting the doctor appointed by the Foundation, the period of one month for making application and the six months' limit specified in the first subparagraph shall not apply where the person concerned is suffering from a serious or protracted illness which he contracted during his employment and of which he notified the Centre before the end of the six months' period specified in the preceding subparagraph, provided that the person concerned undergoes a medical examination arranged by the Foundation.’

(c)The following indent is hereby added to paragraph 4: ‘—where the ex-spouse of a staff member, a child who ceases to be a staff member's dependant or a person who ceases to be treated as a dependent child within the meaning of Article 7 (4) of Annex IV can provide evidence that he or she cannot be covered by any other sickness insurance scheme, he or she may continue for a maximum of one year to be insured against sickness as provided for in paragraph 1, in his or her capacity as a person covered under that staff member's insurance; this cover shall not give rise to the levy of a contribution. This one-year period shall commence on the date of the decree absolute of divorce or of the loss of status of dependent child or of person treated as a dependent child.’

(d)The first subparagraph of paragraph 6 is hereby replaced by the following: ‘6.  Persons entitled to the foregoing benefits shall declare the amount of any reimbursements paid or which they can claim under any other sickness insurance scheme provided for by law or regulation for themselves or for persons covered by their insurance.’

Article 13

Article 40 of the Conditions of Employment is hereby replaced by the following:

‘Article 40

In the event of the death of staff member, a staff member's spouse or dependent child, or any other dependent person within the meaning of Article 7 of Annex IV who lived as part of his household, the Foundation shall reimburse the costs involved in transporting the body from the staff member's place of employment to his place of origin.

However, in the event of a staff member's death during a mission, the Foundation shall bear the costs involved in transporting the body from the place where death occurs to his place of origin.’

Article 14

Paragraph 2 of Article 40a of the Conditions of Employment is hereby replaced by the following:

‘2  (a)Where the death, accidental injury or sickness of a person covered by these conditions of employment is caused by a third party, the Communities shall, in respect of the obligations incumbent upon them under these rules consequent upon the event causing such death, injury or sickness, stand subrogated to the rights, including rights of action, of the victim or of those entitled under him against the third party. (b)The subrogation provided for by the foregoing paragraph shall extend, inter alia, to the following: —continued payment of remuneration in accordance with Article 30 to the staff member during the period when he is temporarily unfit to work, —payments effected in accordance with Article 36 following the death of a staff member or of a former staff member entitled to a pension, —benefits paid under Articles 38 and 38a and Annex V, relating to insurance against sickness and accident, —payment of the costs involved in transporting the body as referred to in Article 40, —supplementary family allowances paid in accordance with Article 9 (2) and with Article 7 (3) and (5) of Annex IV in respect of a dependent child suffering from serious illness, infirmity or handicap, —invalidity pensions paid in the event of accident or sickness resulting in permanent invalidity preventing the staff member from performing his duties, —survivor's pensions paid in the event of the death of a staff member or of a former staff member or the death of a spouse of a staff member or of a former staff member entitled to a pension, where it spouse the not a staff member, —orphan's pensions paid regardless of age to the child of a staff member or former staff member prevented by serious illness, infirmity or handicap from earning a livelihood after the death of the person on whom he was dependent. (c)However, the Communities shall not be subrogated to rights of compensation in respect of purely personal damage such as non-material injury, damages for pain and suffering or compensation for disfigurement and loss of amenity over and above the allowance granted under Article 38a. (d)The provisions of paragraphs (a), (b) and (c) may not be a bar to direct action by the Communities.’

Article 15

The third paragraph of Article 41b of the Conditions of Employment is hereby replaced by the following:

‘Where the invalidity is due to some other cause, the invalidity pension calculated by reference to the final basic salary of the staff member, shall be equal to 2 % for each year between the date of his entering the service and the date on which he reaches the age of 65; this rate shall be increased by 2 % for each year of pensionable service taken into account pursuant to Article 10 (2) and (3) of Annex VI and by 25 % of the amount of the pension rights which he would have acquired at the age of 60 provided that the total does not exceed 70 % of his final basic salary.’

Article 16

In Article 41c of the Conditions of Employment, the following paragraphs are hereby added:

‘The monthly amount of the survivor's pension payable to the widow of a staff member who died in service or on leave for military service, shall be equal to 35 % of the last basic salary received by the staff member and may not be less than the minimum subsistence figure as defined in Article 5 of Annex VI, nor less than 60 % of the retirement pension to which the staff member would have been entitled if he had qualified, irrespective of length of service or of age, for such pension at the time of death.

Nor shall this amount be less than 42 % of the final basic salary received by the staff member where death is due to one of the circumstances set out in the second paragraph of Article 41b.

The provisions of this Article shall apply mutatis mutandis to the widower of a staff member.’

Article 17

In Article 41d of the Conditions of Employment:

1.The following paragraph is hereby inserted: ‘3a.  In the event of the death of a former staff member who left the service before reaching the age of 60 and requested that his retirement pension be deferred until the first day of the calendar month following that in which he reached the age of 60, the dependent children within the meaning of Article 7 of Annex IV shall be entitled to orphan's pensions under the same conditions as those provided for in paragraphs 1, 2 and 3.’