Activities of Raffaele BALDASSARRE related to 2011/0455(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Union PDF (703 KB) DOC (1 MB)
Amendments (26)
Amendment 21 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) Recruitment should ensure that staff are employed according to the broadest geographical basis from among the nationals of all Member States of the European Union. To that end, the Commission should regularly report to the European Parliament and to the Council on possible imbalances between nationalities among officials. After a period of five years starting from 1 January 2013, corrective measures should be adopted in order to respond to the persistence of significant imbalances between nationalities. Those corrective measures should never result in recruitment criteria other than those based on merit.
Amendment 23 #
Proposal for a regulation
Recital 4
Recital 4
(4) In the interest of guaranteeing that the purchasing power of European Union officials and other servants develop in parallel with that of national civil servants in central governments of the Member States, it is essential to preserve the principle of a multi-annual mechanism for pay, known as ‘the method’, by extending its application until the end of 2022 with a review at the end of the fifth year. The discrepancy between the mechanism of the method which has always been administrative in nature and the adoption by the Council alone of the result of the method led to difficulties in the past and is not in line with the Treaty of Lisbon. It is therefore appropriate to let the legislators decide in adopting these amendments to the Staff Regulations upon a method that would update annually all salaries, pensions and allowances in an automatic manner. This update will be based upon the political decisions taken by each Member States for salary adjustment of its civil servants at the national level.
Amendment 25 #
Proposal for a regulation
Recital 19
Recital 19
Amendment 47 #
Proposal for a regulation
Article 1 – point 8
Article 1 – point 8
Article 27 Recruitment shall be directed to securing for the institution the services of officials of the highest standard of ability, efficiency and integrity, recruited on the broadest possible geographical basis from among nationals of Member States of the European Union. No posts shall be reserved for nationals of any specific Member State. TheDuring a five-year perinciple of the equality of Union’s citizens shall allow each institution to adopt corrective measures following the observation of a long lasting and significantod starting on 1 January 2013, the Commission shall regularly assess the implementation of paragraph 1 and report to the European Parliament and to the Council on possible imbalances between nationalities among officials which is not justified by objective criteria. T. Following the expiry of the period referred in the second paragraph, corrective measures shall never result in recruitment criteria other than those based on meritbe adopted in accordance with the procedure laid down in Article 110b. Before such corrective measures are adopted, the appointing authority of the institution concerned shall adopt general provisions for giving effect to this paragraph in accordance with Article 110. After a five-year period starting on 1 January 2013, tin accordance with Article 110. These corrective measures shall never result in recruitment criteria other than those based on merit. The Commission shall report to the European Parliament and to the Council every two years on the implementation of the precedingthird paragraph. of this Article.
Amendment 59 #
Proposal for a regulation
Article 1 – point 11 a (new)
Article 1 – point 11 a (new)
Staff Regulations
Article 34
Article 34
Amendment 60 #
Proposal for a regulation
Article 1 – point 12
Article 1 – point 12
Staff Regulations
Article 37
Article 37
12. In the second indent of point (b) of Article 37, the word 'institutions' shall be replaced by 'appointing authorities of the institutionsArticle 37 shall be replaced by the following: 'Article 37 An official on secondment is an established official who, by decision of the appointing authority: (a) has been directed in the interests of the service: – to serve temporarily in a post outside his institution; or – to assist temporarily a person holding an office provided for in the Treaties or the elected President of one of the institutions or organs of the Union, 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; or (b) has been placed temporarily at the disposal of another of the institutions of the European Union; or (c) has been directed to serve temporarily in a post which is included in the list of posts financed from the research and investment appropriations and which the budgetary authorities have classified as temporary. An official may, at his own request, and provided there is no overriding interest of the service, be placed temporarily at the disposal: – of a public administration of a Member state; – of an organisation devoted to furthering the Union's interests and included on a list to be drawn up by agreement between the institutions of the Union after consulting the Staff Regulations Committee. An official on secondment shall continue to enjoy all his rights under the conditions provided in Articles 38 and 39 and shall remain subject to all his obligations as an official of his parent institution. Subject to the provisions of the third paragraph of Article 77 concerning pension, however, the provisions which apply to the official during the secondment referred to in the second indent of (a) in the first paragraph shall be those applicable to an official of the same grade as that assigned to him in the post to which he is seconded. Any official in active employment or on leave on personal grounds may apply for, or be offered, secondment in the interests of the service. Once the official is seconded, the leave on personal grounds shall be terminated.';
Amendment 62 #
Proposal for a regulation
Article 1 – point 12 b(new)
Article 1 – point 12 b(new)
Staff Regulations
Article 38
Article 38
12b. Article 38 shall be replaced by the following: 'Article 38 Secondment in the interests of the service shall be governed by the following rules: (a) the decision on secondment shall be taken by the appointing authority after hearing the official concerned; (b) the duration of secondment shall be determined by the appointing authority and may be terminated at any moment in the interests of the service; (c) at the end of every six months, the official concerned may request that his secondment be terminated; (d) an official on secondment pursuant to the first indent of Article 37(a) shall be entitled to a salary differential where the total remuneration carried by the post to which he is seconded is less than that carried by his grade and step in his parent institution; he shall likewise be entitled to reimbursement of all additional expenses entailed by his secondment; (e) an official on secondment pursuant to the first indent of Article 37 (a) shall continue to pay pension contributions based on the salary for active employment carried by his grade and step in his parent institution; (f) an official on secondment shall retain his post, his right to advancement to a higher step and his eligibility for promotion; (g) when his secondment ends an official shall at once be reinstated in the post formerly occupied by him. An official on secondment by decision of the appointing authority in the interests of the service pursuant to point (a) or point (b) of Article 37 shall retain the grade and step that he acquired during secondment.';
Amendment 65 #
Proposal for a regulation
Article 1 – point 12 d (new)
Article 1 – point 12 d (new)
Staff Regulations
Article 40 – paragraph 2
Article 40 – paragraph 2
12d. Article 40(2) shall be replaced by the following: '2. Without prejudice to the provisions of Article 15, the duration of such leave shall not exceed one year. The leave referred to in the first subparagraph may be extended for further periods. The total period of leave shall not exceed two consecutive years. The total length of leave on personal grounds shall not exceed six years in the course of the official's entire career. If, however, an official applies for such leave in order to be able: (i) to bring up a child considered as a dependant of the official within the meaning of Article 2(2) of Annex VII and who suffers from a serious mental or physical handicap recognised by the medical officer of the institution and who requires constant care or supervision; or (ii) to follow his spouse, the latter also being an official or other servant of the Union required in the course of his duties to establish his habitual residence at such a distance from the place of employment of the applicant official that the establishment of their conjugal home in such a place would inconvenience the applicant official in the performance of his duties, the leave may be extended without limits, provided that, at the time of each extension, the conditions which warranted the grant of the leave continue to be fulfilled; or (iii) to fulfil a mandate for which he has been elected; or (iv) to assist his spouse, relative in the ascending line, relative in the descending line, brother or sister in any of the cases referred in Article 42b, the leave may be extended without limits, provided that at the time of each extension, the conditions which warranted the grant of the leave continue to be fulfilled.';
Amendment 67 #
Proposal for a regulation
Article 1 – point 14
Article 1 – point 14
Staff Regulations
Article 43
Article 43
14. Article 43 shall be amended as follows: (a) In the first sentence of the first paragraph, the words ‘each institution’ shall be replaced by ‘the appointing authority of each institution’; (b) In the second sentence of the first paragraph, the words ‘Each replaced by the following: 'Article 43 The ability, efficiency and conduct in the service of each official shall be the subject of an annual report. The appointing authority of each institution shall lay down, in accordance with Article 110, the rules for those annual reports. Those rules shall provide for the following levels of performance of the official: (a) outstanding performance; (b) fully satisfactory performance; (c) satisfactory performance; (d) unsatisfactory performance, and shall also provide that annual reports are to be based on a transparent, readily understandable system and on the assessment of two hierarchical superiors. The appointing authority of each institution shall lay down provisions conferring the right to lodge an appeal within the reporting procedure, which has to be exercised before lodging a complaint as referred to in Article 90(2). As of grade 5, for officials in function group AST, the report may also contain an opinion as to whether, on the basis of performance, he has the potential to carry out an administitution’ shall be replaced by ‘The appointing authority of each institution’; rator's function. The report shall be communicated to the official. He shall be entitled to make any comments thereon which he considers relevant.
Amendment 69 #
Proposal for a regulation
Article 1 – point 14 a (new)
Article 1 – point 14 a (new)
Staff Regulations
Article 44 – paragraph 1
Article 44 – paragraph 1
14a. Article 44(1) shall be replaced by the following: 'An official who has been at one step in his grade for two years shall automatically advance to the next step in that grade, unless his performance has been evaluated as unsatisfactory pursuant to the last annual report as referred to in Article 43. An official shall advance to the next step in his grade after no more than four years, unless the procedure laid down in Article 51(1) is applied.';
Amendment 72 #
Proposal for a regulation
Article 1 – point 14 b (new)
Article 1 – point 14 b (new)
Staff Regulations
Article 44 – paragraph 2
Article 44 – paragraph 2
14b. Article 44(2) shall be replaced by the following: 'If an official is appointed head of unit, director or director-general in the same grade, and provided that he has performed his new duties at least fully satisfactorily pursuant to the performance evaluation referred to in Article 43 during the first nine months, he shall retroactively benefit from advancement by one step in that grade at the time the appointment comes into effect.';
Amendment 73 #
Proposal for a regulation
Article 1 – point 15 – point a
Article 1 – point 15 – point a
Staff Regulations
Article 45 – paragraph 1
Article 45 – paragraph 1
(a) In pParagraph 1, the following sentence shall be inserted after the second sentence: 'Unless the procedure laid down in Articles 4 and 29(1) is applied, officials may only be promoted if they occupy a post which corresponds to one of the types of post set out in Annex I, Section A, for the next higher grade shall be replaced by the following: '1. Promotion shall be by decision of the Appointing Authority in the light of Article 6(2). It shall be effected by appointment of the official to the next higher grade in the function group to which he belongs. Unless the procedure laid down in Articles 4 and 29(1) is applied, officials may only be promoted if they occupy a post which corresponds to one of the types of post set out in Annex I, Section A, for the next higher grade. Promotion shall be exclusively by selection from among officials who have completed a minimum of two years in their grade after consideration of the comparative merits of the officials eligible for promotion. The evaluation of comparative merits by the Appointing Authority shall be based on the reports on the officials, the use of languages in the execution of their duties other than the language for which they have produced evidence of thorough knowledge in accordance with Article 28(f) and the level of responsibilities exercised by them.';
Amendment 74 #
Proposal for a regulation
Article 1 – point 16 a –(new)
Article 1 – point 16 a –(new)
Staff Regulations
Article 45 a – paragraph 2
Article 45 a – paragraph 2
16a. In Article 45a paragraph 2 shall be replaced by the following: '2. The Appointing Authority shall draw up a draft list of AST officials selected to take part in the aforesaid training programme on the basis of the annual reports referred to in Article 43 and their level of education and training and taking account of the needs of the services. This draft shall be submitted to a joint committee for its opinion.'; This committee may hear officials who have applied to take part in the aforesaid training programme, and representatives of the Appointing Authority. It shall, by a majority vote, deliver a reasoned opinion on the draft list proposed by the Appointing Authority. The Appointing Authority shall adopt the list of officials who are entitled to take part in the aforesaid training programme.
Amendment 77 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Staff Regulations
Article 51
Article 51
19. Article 51 shall be amended as follows: (a) In the first sentence of paragraph 1, the words ‘Eachreplaced by the following: 'Article 51 1. The appointing authority of each institution shall define procedures to identify, deal with and remedy cases of incompetence in a timely and appropriate fashion. In any case, an official who, on the basis of three consecutive unsatisfactory annual reports referred to in Article 43, still shows no progress in his professional competence shall be downgraded by one grade. If, the next two annual reports still show an unsatisfactory performance, the official shall be dismissed. 2. Any proposal to downgrade or dismiss an official shall set out the reasons on which it is based and shall be communicated to the official concerned. The proposal from the Appointing Authority shall be referred to the Joint Advisory Committee referred to in Article 9(6). 3. The official shall have the right to obtain his complete personal file and to take copies of all documents relating to the procedure. He shall have at least fifteen days, but no longer than 30 days, from the date of receipt of the proposal to prepare a defence. He may be assisted by a person of his choice. The official may submit written comments. He shall be heard by the Joint Advisory Committee. The official may also call witnesses. 4. The institution’ shall be replaced by ‘The appointing authority of each institution’; (b) In the first and resented before the Joint Advisory Committee by an official designated for that purpose by the Appointing Authority. That official shall have the same rights as the official concerned. 5. In the light of the proposal under paragraph 2 and any written and verbal statements from the official concerned or from witnesses, the Joint Advisory Committee shall deliver by a majority a reasoned opinion stating the measure which it considers appropriate in the light of the facts established at its request. It shall forward that opinion to the Appointing Authority and to the official concerned within two months of the date on which the matter is referred to it. The chairman shall not vote on decisions of the Joint Advisory Committee, except in procedural matters and where votes are tied. 6. An official dismissed for incompetence shall, for the period defined in paragraph 7, be entitled to a monthly dismissal allowance equal to the basic monthly salary of an official in the first step of grade AST 1. The official shall also be entitled during the last sentences of the first subparagraph of paragraph 6, the words 'grade 1' shall be replaced by the words 'grade AST 1'; same period to the family allowances provided for in Article 67. The household allowance shall be calculated on the basis of the basic monthly salary of an official in grade AST 1 in accordance with Article 1 of Annex VII. The allowance shall not be paid if the official resigns after the start of the procedure referred to in paragraphs 1, 2 and 3 or if he is entitled to the immediate payment of a full pension. If he is entitled to unemployment benefit under a national unemployment scheme, the amount of that benefit shall be deducted from the above allowance. 7. The period during which the payments referred to in paragraph 6 are to be made shall be: (a) three months where the official has completed less than five years' service at the date on which the dismissal decision is taken; (b) six months where the official has completed at least five years' service but less than ten; (c) nine months where the official has completed at least 10 years' service but less than 20; (d) 12 months where the official has completed over 20 years' service. 8. Officials who are downgraded on grounds of incompetence may after a period of six years ask for all references to that measure to be deleted from their personal files. 9. Officials shall be entitled to reimbursement of reasonable expenses incurred on their initiative in the course of the proceedings, including fees payable to a defending adviser not belonging to the institution, where the proceedings provided for in this Article end without any decision being taken to dismiss or downgrade.';
Amendment 86 #
Proposal for a regulation
Article 1 – point 21 – point d Staff Regulations
Article 1 – point 21 – point d Staff Regulations
Article 55 – paragraph 4
4. The appointing authority of each institution may introduce flexible working- time arrangements. Officials to whom the provisions of the second paragraph of Article 44 apply shall manage their working-time without resorting to such arrangements. A derogation from core obligations may be granted to an official by his hierarchical superior if this is compatible with the interests of the service.
Amendment 94 #
Proposal for a regulation
Article 1 – point 23
Article 1 – point 23
Staff Regulations
Article 56
Article 56
23. The third paragraph of Article 56 shall be replaced by the following: 'As provided in Annex VI, overtime worked by officials in grades SC 1 to SC 6 andArticle 56 shall be replaced by the following: 'Article 56 An official may be required to work overtime by his hierarchical superior in cases of urgency or exceptional pressure of work; in these cases an equivalent compensatory leave shall be granted within three months. Night work, and all work on Sundays or public holidays, may be authorised only in accordance with the procedure laid down by the appointing authority. The total overtime which an official may be asked to work shall not exceed 150 hours in any six months. Overtime worked by officials in function group AD, and in function group AST 5 to 11 shall carry no right to remuneration. As provided in Annex VI, overtime worked by officials in grades AST 1 to AST 4 shall entitle them either to compensatory leave or to remuneration where requirements of the service do not allow compensatory leave during the three months following that in which the overtime was worked.';
Amendment 95 #
Proposal for a regulation
Article 1 – point 26
Article 1 – point 26
Staff Regulations
Article 57 – paragraph 1
Article 57 – paragraph 1
26. In tThe first paragraph of Article 57, the word 'institutions' shall be replaced by 'appointing authorities of the institutions shall be replaced by the following: 'Officials shall be entitled to annual leave of not less than twenty-seven working days nor more than thirty-two working days per calendar year, in accordance with rules, to be laid down by common accord of the institutions of the Union, after consulting the Staff Regulations Committee.';
Amendment 102 #
Proposal for a regulation
Article 1 – point 32 a (new)
Article 1 – point 32 a (new)
Staff Regulations
Article 67 a (new)
Article 67 a (new)
32 a. The following Article shall be inserted after Article 67: 'Article 67a An official with dependent children shall be entitled either: (a) to a place for his children at a European school; or (b) if no such place is available, to the reimbursement of school fees subject to the provisions laid down in Annex VII. The conditions for establishing European schools shall be laid down in an agreement between the institutions and Member States; funding of European schools shall be subject to the budget of the Union';
Amendment 118 #
Proposal for a regulation
Article 1 – point 43 – point a
Article 1 – point 43 – point a
Staff Regulations
Annex I – Section A – point 2
Annex I – Section A – point 2
2. Function Group AST Senior Assistant Carrying out administrative, technical or training activities requiring a high degree of autonomy and carrying significant responsibilities in terms of staff management, budget implementation or political coordination AST 9 – AST 11 Assistant Carrying out administrative, technical or training activities requiring a certain degree of autonomy, notably with regard to the implementation of rules and regulations or general instructions or as personal assistant of a Member of the institution, of the Head of a Member's private office or of a (Deputy) Director-General or an equivalent senior manager AST 5 – AST 8 Junior Assistant Carrying out administrative, technical or training activities with regard to the implementation of rules and regulations AST 1 – AST 4
Amendment 120 #
Proposal for a regulation
Article 1 – point 43 – point a
Article 1 – point 43 – point a
Staff Regulations
Annex I – Section A – point 3
Annex I – Section A – point 3
3. Function Group AST/SC SC 1 - SC 6 Secretary/Clerk Carrying out clerical and secretarial tasks, office management and other equivalent tasks requiring a certain degree of autonomy enior Secretary/Clerk Carrying out clerical and secretarial tasks, office management and other equivalent tasks requiring a high degree of autonomy and responsibility SC 5 - SC 6 Secretary/Clerk Carrying out clerical and secretarial tasks, office management and other equivalent tasks requiring a certain degree of autonomy SC 3 - SC 4 Junior Secretary/Clerk Carrying out clerical and secretarial tasks and other equivalent tasks requiring a limited degree of autonomy SC 1 - SC 2
Amendment 124 #
Proposal for a regulation
Article 1 – point 47
Article 1 – point 47
Staff Regulations
Annex V – Article 7
Annex V – Article 7
47. Article 7 of Annex V shall be replaced by the following: 'Article 7 To the annual leave of officials entitled to the expatriation or foreign residence allowance shall be added travelling time based on the geographical distance between the place of employment and the place of origin, calculated as follows: – 250 to 600 km: one day of home travelling time, – 601 to 1200 km: two days of home travelling time, – more than 1200 km: three days of home travelling time. 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. Where special leave is granted in pursuance of Section 2 above, any home travelling time shall be fixed by special decision taking into account particular needs.'deleted;
Amendment 139 #
Proposal for a regulation
Article 1 – point 49 – point c
Article 1 – point 49 – point c
1. Officials of grade AST 1 to 8 and AD 5 to 8 entitled to the expatriation or foreign residence allowance shall be entitled, within the limit set out in paragraph 2, in each calendar year to a flat- rate payment corresponding 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 European Union, 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 less than two years during the entire calendar year shall not be reimbursedtwo 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.
Amendment 152 #
Proposal for a regulation
Article 1 – point 52 – point -a (new)
Article 1 – point 52 – point -a (new)
Staff Regulations
Annex X – Article 6
Annex X – Article 6
(-a) Article 6 shall be replaced by the following: 'Article 6 An official shall, per calendar year, be entitled to annual leave three working days for each month of service.';
Amendment 156 #
Proposal for a regulation
Article 1 – point 53
Article 1 – point 53
Staff Regulations
Annex XI – Chapter 7
Annex XI – Chapter 7
Amendment 178 #
Proposal for a regulation
Article 2 – point 10 a (new)
Article 2 – point 10 a (new)
Conditions of Employment
Article 16 – paragraph 1
Article 16 – paragraph 1
10a. Article 16(1) shall be replaced by the following: 'Articles 41 to 46 and 55 to 61 of the Staff Regulations, shall apply by analogy. Special leave and parental and family leave shall not extend beyond the term of the contract.';
Amendment 190 #
Proposal for a regulation
Article 2 – point 29
Article 2 – point 29
Conditions of Employment
Article 88 – paragraph 1 – point b
Article 88 – paragraph 1 – point b