Council Regulation (EC, Euratom) No 723/2004 of 22 March 2004 amending the Staff Regulations of officials of the European Communities and the Conditions of Employment of other servants of the European Communities

(a) in former category C up to grade AST 7;

(b) in former category D up to grade AST 5;

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Article 11

Article 45 (2) shall not apply to promotions that take effect prior to 1 May 2006.

Section 2

Article 12

• AST 1 to AST 4: C1 to C2 and B3 to B4,

• AD 5 to AD 8: A5 to A8,

• AD 9, AD 10, AD 11, AD 12: A9, A10, A11, A12.

• if the list was drawn up for category A, B or C*, be graded in the grade published in the competition;

• if the list was drawn up for category A, LA, B or C, be graded in accordance with the following table:

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Article 13

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Section 3

Article 14

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These amounts shall be adjusted each year by the same percentage as the annual adjustment specified in Annex XI to the Staff Regulations.

Article 15

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These amounts shall be adjusted each year by the same percentage as the annual adjustment specified in Annex XI to the Staff Regulations.

Article 16

Notwithstanding Article 3 of Annex VII to the Staff Regulations, an official in receipt of a lump-sum payment of education allowance will continue to receive such payment as long as the conditions under which it was granted are fulfilled and at the latest until 31 August 2008. The amounts of the lump-sum payments will, however, be reduced to 80 % of their value of 30 April 2004 on 1 September 2004, to 60 % on 1 September 2005, to 40 % on 1 September 2006, and to 20 % on 1 September 2007.

Article 17

From 1 May 2004 to 31 December 2008, notwithstanding Article 17(2) of Annex VII to the Staff Regulations, an additional amount may be transferred, subject to the following conditions:

(a) that amount must have been transferred regularly prior to 1 May 2004 and the conditions required for its authorisation must continue to be satisfied;

(b)

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Article 18

Article 19

If, during the transition period from 1 May 2004 to 31 December 2008, an official's net monthly remuneration, before application of any correction coefficient, is lower than the net remuneration he would have received under the same personal conditions in the month before 1 May 2004, he shall be entitled to a compensatory allowance equal to the difference. This provision shall not apply where the reduction of the net remuneration results from the annual pay adjustment referred to in Annex XI to the Staff Regulations. This net income guarantee shall not cover the effect of the special levy, the changes in the pension contribution rate or the changes in the arrangements for transferring part of the salary.

Section 4

Article 20

The minimum applicable correction coefficient shall be 100.

If they establish their residence in a third country, the applicable correction coefficient shall be 100.

By way of derogation from Article 45 of Annex VIII, the pension of beneficiaries who reside in a Member State shall be paid in the currency of the Member State of residence under the conditions laid down in the second paragraph of Article 63 of the Staff Regulations.

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Where at least one of the coefficients in Article 3(5) of Annex XI is amended, so is the average with effect from the same date.

(a) to years of pensionable service within the meaning of Article 3 of Annex VIII acquired before 1 May 2004, and

(b) to years of pensionable service resulting from a transfer under Article 11 of Annex VIII concerning the pension rights acquired under the system of origin before 1 May 2004 by the official in service before 1 May 2004.

Their pensions shall be subject to the correction coefficient only if the residence of the official coincides with the country of their place of origin within the meaning of Article 7(3) of Annex VII. However, for family or medical reasons, officials receiving a pension may exceptionally request the Appointing Authority to change their place of origin. This decision shall be taken on production by the official concerned of appropriate supporting evidence.

By way of derogation from Article 45 of Annex VIII, the pension of beneficiaries who reside in a Member State shall be paid in the currency of the Member State of residence under the conditions laid down in the second paragraph of Article 63 of the Staff Regulations.

Article 21

Notwithstanding the second sentence of the second paragraph of Article 77, officials who entered the service before 1 May 2004 shall be entitled to 2 % of the salary referred to therein for every year of pensionable service calculated in accordance with Article 3 of Annex VIII.

Article 22

Officials aged between 30 and 49 years on 1 May 2004 shall become entitled to a retirement pension at the age shown in the table below:

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Officials aged less than 30 years on 1 May 2004 shall become entitled to a retirement pension at the age of 63 years.

For officials in service before 1 May 2004 the pensionable age to be taken into consideration for all references to the pensionable age in these Staff Regulations shall be determined in accordance with the above provisions, save as otherwise provided in these Staff Regulations.

The increase shall also be granted in the event of death, if the official has remained in service beyond the age at which he became entitled to a retirement pension.

If, pursuant to Annex IVa, an official who enters the service before 1 May 2004 and working part-time contributes to the pension scheme in proportion to the time worked, the increase in pension entitlements provided for in this Article shall be applied only in the same proportion.

For officials aged 50 years or over or with 20 or more years' service, the increase in pension provided for in the previous subparagraph shall be equal to 5 % of the amount of the pension rights acquired at the age of 60. For officials aged between 40 and 49, the maximum increase in pension shall be 3,0 % of the salary taken into account for calculating the pension, but shall not exceed 4,5 % of the pension rights acquired by those officials at the age of 60. For officials aged between 35 and 39, the maximum increase in the pension shall be 2,75 % of the salary taken into account for calculating the pension, but shall not exceed 4,0 % of the pension rights acquired by those officials at the age of 60. For officials aged between 30 and 34, the maximum pension bonus shall be 2,5 % of the salary taken into account for calculating pension, but shall not exceed 3,5 % of the pension rights acquired by those officials at the age of 60. For officials aged less than 30, the maximum increase in the pension shall be set at 2,0 % of the salary taken into account for calculating the pension.

The contributions payable by the officials concerned shall be equivalent to the entire amount of their and their employer's contributions under Article 83(2) of the Staff Regulations. The Commission shall, by means of general implementing provisions, lay down the method for calculating the contributions to be paid by the officials concerned in such a way as to ensure that such acquisition guarantees actuarial balance and the method is applied without financial subsidies from the pension scheme of the European institutions. The Commission shall adopt these general implementing provisions before 1 January 2005.

The officials concerned may qualify under this arrangement for five years after 1 May 2004, subject to a maximum period of contributions of: three months in the case of officials aged 45 to 49 on 1 May 2004; nine months in the case of officials aged 38 to 44 on that date; fifteen months in the case of officials aged 30 to 37 on that date; and two years in the case of officials aged less than 30 on that date.

Article 23

(a) from the age of 50 for those aged at least 45 or with 20 or more years' service on 1 May 2004;

(b) from the age determined in accordance with the table below for officials aged up to 45 years on 1 May 2004:

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Article 24

Notwithstanding the first subparagraph, recipients of an invalidity pension or a survivor's pension may ask to be covered by the provisions applicable as from 1 May 2004.

For the purposes of applying the first subparagraph, if the pension calculated on the basis of the provisions in force is less than the nominal pension as defined below, a compensatory amount equal to the difference shall be granted.

For recipients of a pension before 1 May 2004, the nominal pension shall be calculated each month taking into account the family situation and the country of residence at the time of calculation, and the Staff Regulations rules in force on the date preceding 1 May 2004.

For officials who retire between 1 May 2004 and 31 December 2007, the nominal pension shall be calculated each month taking into account family situation and country of residence at the time of calculation, and the Staff Regulations rules in force on the date when they retire.

In the event of the death after 1 May 2004 of a recipient of a pension determined before that date, the survivor's pension shall be determined taking into account the guaranteed nominal pension which the deceased was receiving.

Article 25

The basic salary taken into account for determining the recipient's pension shall be equivalent to the salary in the table in Article 66 of the Staff Regulations for the new grade thus determined, at the same step, weighted by a percentage equivalent to the ratio of basic salary under the old scale to that under the scale in Article 66 of the Staff Regulations for the same step.

For steps under the old scale without correspondence in the scale in Article 66 of the Staff Regulations, the last step of the same grade shall be used as the reference for calculating the percentage referred to in the second subparagraph.

For steps in grade D4 under the old scale, the first step in the first grade shall be used as the reference for calculating the percentage referred to in the second subparagraph.

For steps under the old scale without correspondence in the scale in Article 66 of the Staff Regulations, the last step in the same grade shall be used as the reference for calculating the multiplication factor.

For retirement pensions and invalidity benefits determined between 1 May 2004 and 30 April 2006, Article 8(1) shall apply.

Article 26

Article 27

The retirement pension actuarial equivalent may not be less than the sum of:

(a) the amount of the sums deducted from basic salary as pension contributions, plus compound interest at the rate of 3,5 % a year;

(b) a severance grant proportional to the length of service actually completed, calculated on the basis of one and a half months of final basic salary subject to deduction per year of service;

(c) the total sum paid to the Communities in accordance with Article 11(2) of Annex VIII to the Staff Regulations, plus compound interest at the rate of 3,5 % a year.

Article 28

The servants referred to in Article 2 of the Conditions of Employment of other servants who are under contract on 1 May 2004 and are appointed as officials after that date shall, on retirement, be entitled to an actuarial adjustment of the pension rights they acquired as temporary servants which takes into account the change in their pensionable age within the meaning of Article 77 of the Staff Regulations.

Article 29

For temporary servants engaged before 1 May 2004, in accordance with Article 2(c) of the Conditions of Employment of Other Servants, to assist a political group in the European Parliament the requirement laid down in Article 29(3) and (4) of the Staff Regulations that the temporary servant has passed a selection procedure in conformity with Article 12(4) of the Conditions of Employment shall not apply.

(1) OJ L 280, 23.11.1995, p. 1. Regulation as amended by Regulation (EC, ECSC, Euratom) No 2458/98 (OJ L 307, 17.11.1998, p. 1).

(2) OJ L 280, 23.11.1995, p. 4. Regulation as amended by Regulation (EC, ECSC, Euratom) No 2458/98.

ANNEX XIII.1

Types of posts during the transitional period

Types of posts in each category, as provided for in Article 4(n) of this Annex.

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(1) OJ L 56, 4.3.1968, p. 8. Regulation as last amended by Regulation (EC, Euratom) No 1750/2002 (OJ L 264, 2.10.2002, p. 15)

(2) OJ L 181, 28.6.1989, p. 2. Regulation as amended by Regulation (EC, ECSC, Euratom) No 2458/98 (OJ L 307, 17.11.1998, p. 1).

(3) OJ L 264, 2.10.2002, p. 1.

(4) OJ L 264, 2.10.2002, p. 5.

(5) OJ L 264, 2.10.2002, p. 9.

ANNEX II

AMENDMENTS TO THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS OF THE EUROPEAN COMMUNITIES

The Conditions of Employment of other servants of the European Communities are hereby amended as follows:

1) Article 1 is amended as follows:

(a) in the second indent, the following words are added after "auxiliary staff":

"until the date set out in Article 52.";

(b) the following indent is inserted after the indent "- auxiliary staff":

"- contract staff";

(c) the following paragraph is added:

"Any reference in these Conditions of Employment to a person of the male sex shall be deemed also to constitute a reference to a person of the female sex, and vice-versa, unless the context clearly indicates otherwise.";

2) in Article 2(c), the words:

"or the elected President of one of the institutions or organs of the Communities or the Elected Chairman of one of the political groups in the European Parliament";

are replaced by:

"or the elected President of one of the institutions or organs of the Communities, or one of the political groups in the European Parliament or the Committee of the Regions, or a group in the European Economic and Social Committee".

3) Article 3(b) is amended as follows:

(a) in the first indent, the words "Category B, C, or D or in the Language Service" are replaced by "the assistants" function group (AST);

(b) in the second indent, the words "Category A, other than those in Grade A1 or A2" are replaced by:"the administrators function group (AD), other than senior staff (Directors-General or their equivalent in grades AD 16 or AD 15 and Directors or their equivalent in grades AD 15 or AD 14)";

4) the following Articles are inserted after Article 3:

"Article 3a

(a) in an institution to carry out manual or administrative support service tasks,

(b) in the agencies referred to in Article 1a(2) of the Staff Regulations,

(c) in other entities inside the European Union created, after consultation of the Staff Regulations Committee, by specific legal act issued by one or more institutions allowing for the use of such staff,

(d) in Representations and Delegations of Community institutions,

(e) in other entities situated outside the European Union.

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).

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

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.

(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.

(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

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.

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

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.

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.

Article 52

The actual period of employment of auxiliary staff, including any period of renewal, shall not exceed three years or extend beyond 31 December 2007. No new auxiliary staff may be engaged after 31 December 2006.";

36) in Article 53, fourth subparagraph, the words "Article 1a" are replaced by "Article 1d";

37) in Article 57, the words "except Article 55a(2)(d) and (e)" are added;

38) Article 65 is replaced by the following:

"Article 65

With the exception of Article 67(1)(c), Article 67 and Article 69 of the Staff Regulations and Articles 1, 2 and 4 of Annex VII to the Staff Regulations, concerning the payment of family and expatriation allowances, shall apply by analogy.";

39) Article 66 is replaced by the following:

"Article 66

Where a servant is paid by the day, the remuneration due for each day's work payable shall be one twentieth of the monthly remuneration. Remuneration shall be paid at the end of the current week.";

40) Articles 67 and 68 are replaced by the following:

"Article 67

Articles 7, 11, 12, 13 and 13a of Annex VII to the Staff Regulations, concerning the reimbursement of travel expenses and mission expenses, and the granting of housing and transport allowances, shall apply by analogy.

Article 68

In the case of servants paid by the month, the remuneration shall be paid no later than the last working day of the month.

Where remuneration is not due in respect of a complete month, the amount shall be divided into 30ths, and

(a) where the actual number of days payable is 15 or less, the number of 30ths due shall equal the actual number of days payable;

(b) where the actual number of days payable is more than 15, the number of 30ths due shall equal the difference between the actual number of days not payable and 30.

Where entitlement to family allowances and the expatriation allowance commences after the date of entering the service, servants shall receive them from the first day of the month in which such entitlement commences. On cessation of such entitlement, servants shall receive them up to the last day of the month in which entitlement ceases.";

41) Article 70(1) is amended as follows:

(a) in the first subparagraph the words "unemployment," is inserted after "invalidity";

(b) in the second subparagraph, the words "or unemployment insurance" are inserted between "such a social security" and "scheme";

42) Article 74 is replaced by the following:

"Article 74

Apart from cessation on death, the employment of auxiliary staff shall cease:

(a) on the date stated in the contract;

(b) at the end of the month in which the servant reaches the age of 65 years;

(c) 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. 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;

(d) where the servant no longer satisfies the conditions laid down in Article 55(1), 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 point (c) of this Article shall apply.";

43) Article 75 is amended as follows:

(a) in the introductory wording, the words "whether for a fixed or for an indefinite period" are deleted;

(b) point (c) is replaced by the following:

"(c) if the servant ceases to satisfy the requirements of Article 55(1)(d). However, his contract may be terminated only if he is entitled to an invalidity allowance;";

44) in Article 78 the following subparagraph is added:

"The provisions of this Article shall apply until 31 December 2006, the date from which the staff concerned shall be subject to the conditions laid down according to the procedure referred to in Article 90.";

45) the existing Title IV becomes Title V and the following Title is inserted:

"TITLE IV

CONTRACT STAFF

CHAPTER 1

GENERAL PROVISIONS

Article 79

Article 80

TABLE>

CHAPTER 2

RIGHTS AND OBLIGATIONS

Article 81

Article 11 shall apply by analogy.

CHAPTER 3

CONDITIONS OF ENGAGEMENT

Article 82

(a) in function group I, successful completion of compulsory education;

(b) in function groups II and III:

(i) a level of post-secondary education attested by a diploma, or

(ii) a level of secondary education attested by a diploma giving access to post-secondary education, and appropriate professional experience of at least three years, or

(iii) where justified in the interest of the service, professional training or professional experience of an equivalent level;

(c) in function group IV:

(i) a level of education which corresponds to completed university studies of at least three years attested by a diploma, or

(ii) where justified in the interest of the service, professional training of an equivalent level.

(a) is a national of one of the Member States, unless an exception is authorised by the authority referred to in the first paragraph of Article 6, and enjoys his full rights as a citizen;

(b) has fulfilled any obligations imposed on him by the laws concerning military service;

(c) produces the appropriate character references as to his suitability for the performance of his duties;

(d) is physically fit to perform his duties; and

(e) produces evidence of a thorough knowledge of one of the languages of the Community and of a satisfactory knowledge of another language of the Community to the extent necessary for the performance of his duties.

Article 83

Before being engaged, a member of the contract staff shall be medically examined by one of the institution's medical officers in order that the institution may be satisfied that he fulfils the requirements of Article 82(3)(d).

Article 33 of the Staff Regulations shall apply by analogy.

Article 84

CHAPTER 4

SPECIAL PROVISIONS FOR MEMBERS OF THE CONTRACT STAFF REFERRED TO IN ARTICLE 3A

Article 85

Periods covered by a contract as a member of the contract staff referred to in Article 3b shall not be counted for the purposes of the conclusion or renewal of contracts under this Article.

Article 86

(i) in grades 13, 14, or 16 for function group IV,

(ii) in grades 8, 9 or 10 for function group III,

(iii) in grades 4 or 5 for function group II,

(iv) in grade 1 for function group I.

The grading of such contract staff within each function group shall take account of the qualifications and experience of the persons concerned. To address specific needs of the institutions, labour market conditions prevailing in the Community may also be taken into account. Within their grade, such contract staff shall be recruited in the first step.

Where a member of such contract staff moves to a higher function group, he shall be classified at a grade and step such that his remuneration is at least equal to that to which he was entitled under the preceding contract.

The same provisions shall apply where the member of such contract staff concludes a new contract with an institution or body immediately following a preceding contract for such contract staff with a different institution or body

Article 87

CHAPTER 5

SPECIAL PROVISIONS FOR MEMBERS OF THE CONTRACT STAFF REFERRED TO IN ARTICLE 3B

Article 88

In the case of contract staff referred to in Article 3b:

(a) contracts shall be concluded for a fixed period; they shall be renewable;

(b) the actual period of employment within an institution, including any period under renewal, shall not exceed three years.

Periods covered by a contract as a member of the contract staff referred to in Article 3a shall not be counted for the purposes of the conclusion or renewal of contracts under this Article.

Article 89

Article 90

By way of derogation from the provision of this title, conference interpreters engaged by the European Parliament or engaged by the Commission on behalf of the Community institutions and bodies shall be subject to the conditions laid down in the Agreement of 28 July 1999 between the European Parliament, the Commission and the Court of Justice, on behalf of the institutions, on the one hand, and the associations representing the profession, on the other.

Amendments to that Agreement required by the entry into force of Council Regulation (EC, Euratom) No 723/2004(1) shall be adopted before 31 December 2006 in accordance with the procedure laid down in Article 78. Amendments to that Agreement after 31 December 2006 shall be adopted by agreement between institutions.

CHAPTER 6

WORKING CONDITIONS

Article 91

Articles 16 to 18 shall apply by analogy.

CHAPTER 7

REMUNERATION AND EXPENSES

Article 92

Articles 19 to 27 shall apply by analogy subject to the amendments set out in Articles 93 and 94.

Article 93

The scale of basic salaries shall be as provided for in the following table:

TABLE>

Article 94

Notwithstanding Article 24(3), the installation allowance provided for in paragraph 1 and the resettlement allowance provided for in paragraph 2 of that Article shall not be less than:

• EUR 734,76 for a member of the contract staff who is entitled to the household allowance; and

• EUR 435,62 for a member of the contract staff who is not entitled to the household allowance.

CHAPTER 8

SOCIAL SECURITY BENEFITS

Section A

Sickness and accident insurance, social security benefits

Article 95

Article 28 shall apply by analogy. However, Article 72(2) and (2a) of the Staff Regulations shall not apply to a member of the contract staff who has remained in the service of the Community until the age of 63, unless he has been employed for more than 3 years as a member of such staff.

Article 96

(a) who is not in receipt of a retirement pension or invalidity allowance from the Community,

(b) whose service is not terminated by resignation or by cancellation of the contract for disciplinary reasons,

(c) who has completed a minimum of six months' service,

(d) who is resident in a Member State,