55 Amendments of Younous OMARJEE related to 2011/0455(COD)
Amendment 28 #
Proposal for a regulation
Article 1 – point 2 – point a
Article 1 – point 2 – point a
Staff Regulations
Article 5 – paragraphs 1 and 2
Article 5 – paragraphs 1 and 2
Amendment 29 #
Proposal for a regulation
Article 1 – point 2 – point b
Article 1 – point 2 – point b
Staff Regulations
Article 5 – paragraph 3 – point a
Article 5 – paragraph 3 – point a
Amendment 55 #
Proposal for a regulation
Article 1 – point 9
Article 1 – point 9
Staff Regulations
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
9. In Article 29, the following subparagraph shall be added to paragraph 1: 'While maintaining the principle that the vast majority of officials shall(1), first subparagraph, point (b) shall be replaced by the following: ‘(b) whether requests for transfer have been recruited on the basis of open competitions, the appoeived from officials of the same grade in other insting authority may decide, by way of derogation from point (b),tutions, and/or whether to hold a competition internal to the institution, which shall also be open to contractonly to officials and temporary staff as defined in Articles 3a and 3b 2 of the Conditions of Employment of Oother Sservants of the European Union.'Communities and to contract staff as referred to in Articles 3a and 3b of those conditions of employment;’;
Amendment 58 #
Proposal for a regulation
Article 1 – point 10 bis (new)
Article 1 – point 10 bis (new)
Staff Regulations
Article 31 – paragraph 3 a (new)
Article 31 – paragraph 3 a (new)
10a. The following paragraph shall be added to Article 31: ‘3a. Where an official in function group SC at grade SC 2 or higher moves to function group AST, he shall be classified at a grade and step such that his remuneration is at least equal to that to which he was entitled in the AST/SC function group.';
Amendment 66 #
Proposal for a regulation
Article 1 – point 13 – point a
Article 1 – point 13 – point a
Staff Regulations
Article 42 a – paragraph 1
Article 42 a – paragraph 1
(a) In the second sentence of the first paragraph, the word 'institutions' shall be replacThe first paragraph shall be replaced by the following: ‘An official shall be entitled to up to eighteen months of parental leave without basic salary for every child, to be taken during the first twelve years after the birth or adoption of the child. The duration of the leave may be doubled for single parents recognised under general implementing provisions adopted by 'the appointing authority of each institution'; . The minimum leave taken at any one time shall not be less than one month.’;
Amendment 76 #
Proposal for a regulation
Article 1 – point 16 a (new)
Article 1 – point 16 a (new)
16a. The following article shall be inserted after Article 45a: ‘Article 45b An official in function group AST/SC may, from grade SC 2, be appointed to a post in function group AST on condition that the periodical report referred to in Article 43 shows that he has actually and properly carried out functions corresponding to the AST function group for at least two years. An official appointed to a post in function group AST on the basis of this Article shall be classified in a grade and step such that his remuneration is at least equal to that to which he would have been entitled in the AST/SC function group.';
Amendment 84 #
Proposal for a regulation
Article 1– point 20
Article 1– point 20
Staff Regulations
Article 52 – point b – paragraph 2
Article 52 – point b – paragraph 2
However, an official may at his own request and where the appointing authority considers it justified in the interest of the service, carry on working until the age of 67, in which case he shall be retired automatically on the last day of the month in which he reaches that age.';
Amendment 89 #
Proposal for a regulation
Article 1 – point 21 – point d
Article 1 – point 21 – point d
Staff Regulations
Article 55 – paragraph 4
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.'’;
Amendment 91 #
Proposal for a regulation
Article 1 – point 22 – point -a (new)
Article 1 – point 22 – point -a (new)
Staff Regulations
Article 55 a – paragraph 2 – point d a (new)
Article 55 a – paragraph 2 – point d a (new)
(-a) The following point (da) shall be inserted in the first subparagraph of paragraph 2: ‘(da) from the age of 55,’;
Amendment 92 #
Proposal for a regulation
Article 1 – point 22 – point -a a (new)
Article 1 – point 22 – point -a a (new)
Staff Regulations
Article 55 a – paragraph 2 – point d b (new)
Article 55 a – paragraph 2 – point d b (new)
(-aa) The following point shall be inserted in the first subparagraph of paragraph 2: ‘(db) for any other reason, but for no more than a total of five years over the official's entire career.’;
Amendment 93 #
Proposal for a regulation
Article 1 – point 22 – point a b(new)
Article 1 – point 22 – point a b(new)
Staff Regulations
Article 55 a – paragraph 2 – point e a (new)
Article 55 a – paragraph 2 – point e a (new)
(ab) The following point (ea) shall be inserted in the first subparagraph of paragraph 2: ‘(ea) to care for a child under 13 years of age, if the reduction in working time is not more than 5% of normal working time. In such cases, Article 3 of Annex IVa shall not apply.';
Amendment 110 #
Proposal for a regulation
Article 1 – point 41
Article 1 – point 41
Staff Regulations
Article 110 – paragraph 2 – subparagraph 1
Article 110 – paragraph 2 – subparagraph 1
Implementing rules adopted by the Commission to give effect to these Staff Regulations, including the general implementing provisions referred to in paragraph 1, shall apply by analogy to the agencies. To this end, the Commission shall inform the agenciesconsult the agencies, which shall be jointly represented in accordance with rules to be fixed by agreement between them and the Commission, ofn any such implementing rule without delay afterbefore adoption.
Amendment 111 #
Proposal for a regulation
Article 1 – point 41
Article 1 – point 41
Staff Regulations
Article 110 – paragraph 2 – subparagraph 2
Article 110 – paragraph 2 – subparagraph 2
Amendment 112 #
Proposal for a regulation
Article 1 – point 41
Article 1 – point 41
Staff Regulations
Article 110 – paragraph 2 – subparagraph 3
Article 110 – paragraph 2 – subparagraph 3
By way of derogation, an agency may, before the expiry of the nine-month period referred to above and after consulting its Staff Committee, submit to the Commission for its agreement implementing rules which are different from those adopted by the Commission. Under the same conditions, an agency may request the agreement of the Commission for not applying certain of these implementing rules. In the latter case, the Commission may, instead of accepting or rejecting the request, require the agency to submit for its agreement implementing rules which are different from those adopted by the Commission.
Amendment 113 #
Proposal for a regulation
Article 1 – point 41
Article 1 – point 41
Staff Regulations
Article 110 – paragraph 2 – subparagraph 4
Article 110 – paragraph 2 – subparagraph 4
Amendment 114 #
Proposal for a regulation
Article 1 – point 41
Article 1 – point 41
Staff Regulations
Article 110 – paragraph 2 – subparagraph 5
Article 110 – paragraph 2 – subparagraph 5
An agency may also, after consulting its Staff Committee, submit to the Commission for its agreement implementing rules which concern other subjects than the implementing rules adopted by the Commission or which differ from those already in force at the Commission.
Amendment 115 #
Proposal for a regulation
Article 1 – point 41
Article 1 – point 41
Staff Regulations
Article 110 – paragraph 2 – subparagraph 5 a (new)
Article 110 – paragraph 2 – subparagraph 5 a (new)
An agency may only adopt implementing rules which differ from those adopted by the Commission with the agreement of the Commission and after securing the opinion of the Staff Regulations Committee.
Amendment 116 #
Proposal for a regulation
Article 1 – point 41
Article 1 – point 41
Staff Regulations
Article 110 – paragraph 6
Article 110 – paragraph 6
6. The Court of Justice of the European Union shall administer a registercompendium of the rules adopted by the appointing authority of each institution to give effect to these Staff Regulations, and those rules adopted by the agencies to the extent they derogate from the rules adopted by the Commission, in accordance with the procedure provided in paragraph 2. Institutions and agencies shall have direct access to this registercompendium and full right to amend their own rules. Their staff shall also have direct access to that compendium. Every three years, the Commission shall present a report to the European Parliament and the Council on rules adopted by each institution to give effect to these Staff Regulations.';
Amendment 119 #
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 Replace ‘AST 10-AST 11’ with ‘AST8- AST11’;
Amendment 121 #
Proposal for a regulation
Article 1 – point 43 – point b – point iii
Article 1 – point 43 – point b – point iii
Staff Regulations
Annex I – Section B
Annex I – Section B
2. Multiplication rates for guiding average career equivalence in function group AST/SC: replace the rates 12%-15%-17%-20%- 25% with the rates 20%-25%-25%-25%- 33%.
Amendment 122 #
Proposal for a regulation
Article 1 – point 46 a (new)
Article 1 – point 46 a (new)
Staff Regulations
Annex V – Article 4 – paragraph 1
Annex V – Article 4 – paragraph 1
46a. The first paragraph of Article 4 of Annex V shall be replaced by the following: ‘Where an official, for reasons other than the requirements of the service or for reasons outside his control, including having to take sick leave, has not used up all his annual leave before the end of the current calendar year, the amount of leave which may be carried over to the following year shall not exceed twelve days.’
Amendment 123 #
Proposal for a regulation
Article 1 – point 46 b (new)
Article 1 – point 46 b (new)
Staff Regulations
Annex V – Article 6 – paragraph 1 – indent 10
Annex V – Article 6 – paragraph 1 – indent 10
46b. The tenth indent of Article 6 of Annex V shall be replaced by the following: ‘– serious illness of a child: up to six days where the child is aged six or under or if the official is a single parent within the meaning of the general implementing provisions adopted by the appointing authority of the institution concerned, and up to two days in all other cases;’
Amendment 126 #
Proposal for a regulation
Article 1 – point 47
Article 1 – point 47
Staff Regulations
Annex V – Article 7 – paragraph 1 – introductory wording
Annex V – Article 7 – paragraph 1 – introductory wording
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:
Amendment 140 #
Proposal for a regulation
Article – point 49 – point c
Article – point 49 – point c
Staff Regulations
Annex VII – Article 8 – paragraph 1 – subparagraph 1
Annex VII – Article 8 – paragraph 1 – subparagraph 1
Officials 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.
Amendment 141 #
Proposal for a regulation
Article 1– point 49 – point c
Article 1– point 49 – point c
Staff Regulations
Annex VII – Article 8 – paragraph 2 – subparagraph 2
Annex VII – Article 8 – paragraph 2 – subparagraph 2
Where the place of origin as defined in Article 7 is outside the territories of the Member States of the Union as well as outside the countries and territories listed in Annex II to the Treaty on the Functioning of the European Union and the territories of the Member States of the European Free Trade Association, the flat- rate payment shall be based on an allowance per kilometre of geographical distance between the official's place of employment and the capital city of the Member State whose nationality he holds. Officials whose place of origin is outsidegeographical distance used as the basis for the flat-rate payment shall be limited to the borders of the territories of the Member States of the European Union as well as outsidend of the countries and territories listed in Annex II to the Treaty on the Functioning of the European Union and of the territories of the Member States of the European Free Trade Association and who are not nationals of one of the Member States shall not be entitled to the flat-rate payment.
Amendment 145 #
Proposal for a regulation
Article 1 – point 50 – point c – point i a (new)
Article 1 – point 50 – point c – point i a (new)
Staff Regulations
Annex VIII – Article 9 – paragraph 1 – point a
Annex VIII – Article 9 – paragraph 1 – point a
ia) Paragraph 1, point a) shall be replaced by the following: ‘a) be deferred until the first day of the calendar month following that in which he reaches the age of 65, even if he has not completed 10 years’ service;’
Amendment 146 #
Proposal for a regulation
Article 1 – point 50 – point d a (new)
Article 1 – point 50 – point d a (new)
Staff Regulations
Annex VIII – Article 11 – paragraph 2 – subparagraph 2
Annex VIII – Article 11 – paragraph 2 – subparagraph 2
(da) the following shall be added at the end of Article 11, paragraph 2, subparagraph 2: ‘The number of years of pensionable service recognised may not be less than half the former period of service concerned’.
Amendment 147 #
Proposal for a regulation
Article 1 – point 50 – point e
Article 1 – point 50 – point e
Staff Regulations
Annex VIII – Article 12 – paragraph 1
Annex VIII – Article 12 – paragraph 1
e) In Article 12(1) and (2), the numberArticle 12 shall be amended as follows: i) Paragraph 1 shall be replaced by the following: ‘1. An official aged less than 65 years whose service terminates for reasons other than death or invalidity without qualifying for an immediate or deferred retirement pension shall be entitled, on leaving the service: a) where he has completed less than one year’s service and has not made use of the arrangement laid down in Article 11(2), to payment of a severance grant equal to three times the amounts withheld from his basic salary in respect of his pension contributions, after deduction of any amounts paid under Articles 42 and 112 of the Conditions of Employment of other servants; b) in other cases, to a pension provided under Article 11(1) and deferred until the first day of the calendar month following that in which he reaches the age of 63 years, or to payment of the actuarial equivalent of such pension to a private insurance company or pension fund of his choice, on condition such company or fund guarantees that: i) the capital will not be repaid; ii) a monthly income will be paid from age 60 at the earliest, and age 65 at the latest; iii) provisions are included for reversion or survivors’ pensions; iv) transfer to another insurance company or other fund will be authorised only if such fund fulfils the conditions laid down in points i) to iii).’; ii) In paragraphs 1 and 2 the figure '63' shall be replaced by '65';
Amendment 157 #
Proposal for a regulation
Article 1 – point 53
Article 1 – point 53
Staff Regulations
Annex XI – Article 15 – paragraph 1
Annex XI – Article 15 – paragraph 1
Point 53 shall be replaced by the following: ‘The provisions of this Annex shall apply from 1 January 2013 to 31 December 2022.’
Amendment 158 #
Proposal for a regulation
Article 1 – point 55 – point c a (new)
Article 1 – point 55 – point c a (new)
Staff Regulations
Annex XIII – Article 18 – paragraph 1 a (new)
Annex XIII – Article 18 – paragraph 1 a (new)
(ca) The following paragraph shall be inserted in Article 18: ‘1a. An official in service on 31 December 2012 shall retain his entitlement to the travelling time provided for in Article 7 of Annex V and the flat-rate payment of travelling expenses provided for in Article 8 of Annex VII, even if he is not in receipt of the foreign residence or expatriation allowance. An official in service on 31 December 2012 shall retain his entitlement to the flat-rate payment of travelling expenses from his place of employment to his place of origin provided for in Article 8 of Annex VII, even if said place of origin lies outside the territory of the Member States of the Union or outside the countries and territories listed in Annex II to the Treaty on the Functioning of the European Union or outside the territory of the European Free Trade Association States.’
Amendment 161 #
Proposal for a regulation
Article 1 – point 55 – point f – point i
Article 1 – point 55 – point f – point i
Staff Regulations
Annex XIII – Article 23 – paragraph 1
Annex XIII – Article 23 – paragraph 1
1. NotwithstandThe table ing Article 523 of Annex XIII of the Staff Regulations, officials who enter the service before 1 January 2013 and who leave the service before the age at which they would have become entitled to a retirement pension in accordance with Article 22 of shall be replaced by the table below: Age at 1 May 2013 Minimum age 54 years or over 50 years 53 years 50 years 6 months 52 years 51 years 51 years 51 years 6 months 50 years 52 years 49 years 52 years 7 monthis Annex may request the second subparagraph of point (b) of Article 9(1) of Annex VIII to be applied from the age determined in accordance with the table below: Until 31 December 2013 55 years 6 months Until 31 December 2014 56 years Until 31 December 2015(+ 1 m.) 48 years 53 years 2 months (+ 2 m.) 47 years 53 years 9 months (+ 3 m.) 46 years 54 years 4 months (+ 4 m.) 45 years 54 years 11 months (+ 5 m.) 44 years 55 years 6 months (+ 6 m.) 43 years 56 years 1 month 42 years 56 years 68 months Until 31 December 2016 57 years Until 31 December 201741 years 57 years 3 months 40 years 57 years 610 months less than 40 years 58 years
Amendment 162 #
Proposal for a regulation
Article 1 – point 55 – point g a (new)
Article 1 – point 55 – point g a (new)
Staff Regulations
Annex XIII – Article 26 a (new)
Annex XIII – Article 26 a (new)
(ga) The following Article 26a shall be inserted after Article 26: ‘Article 26a Officials who requested the transfer of their pension entitlements within the time limit set but refused the transfer proposal they were offered, who did not request the transfer within the time set or whose request was refused on the grounds it was made after the deadline, may still submit their request or reapply by 31 December 2013 at the latest.’
Amendment 169 #
Proposal for a regulation
Article 1 – point 55 – point i
Article 1 – point 55 – point i
Staff Regulations
Annex XIII – Article 30 – paragraph 2 – point a a (new)
Annex XIII – Article 30 – paragraph 2 – point a a (new)
(aa) Officials who are in grade AST 8 or AST 9 on 31 December 2012 and are effectively carrying out the duties of a senior assistant shall be classified as Senior Assistants;
Amendment 174 #
Proposal for a regulation
Article 1 – point 55 – point i
Article 1 – point 55 – point i
Staff Regulations
Annex XIII – Article 30 – paragraph 6 a (new)
Annex XIII – Article 30 – paragraph 6 a (new)
6a. ‘By way of derogation from Annex I, section B, the multiplication rates for guiding average career equivalence for grade 9 of function group AST are as follows: for 2013: 20 % for 2014: 20 % for 2015: 17 % for 2016: 14 % for 2017: 11 % from 2018: 8 %’
Amendment 175 #
Proposal for a regulation
Article 1 – point 55 – point i
Article 1 – point 55 – point i
Staff Regulations
Annex XIII – Article 30 – paragraph 7 a (new)
Annex XIII – Article 30 – paragraph 7 a (new)
7a. Officials aged 55 years or over on 1 January 2013 may work half time in accordance with Article 55a(2)(e) of the Staff Regulations and Article 4 of Annex IVa for a maximum period of five years prior to their retirement.’
Amendment 177 #
Proposal for a regulation
Article 2 – point 9
Article 2 – point 9
Amendment 179 #
Proposal for a regulation
Article 2 – point 10 a (new)
Article 2 – point 10 a (new)
Conditions of Employment
Article 16 – paragraph 4 a (new)
Article 16 – paragraph 4 a (new)
10a. The following paragraph shall be added to Article 16: ‘The second and third paragraphs shall not apply to staff members with permanent contracts.’
Amendment 180 #
Proposal for a regulation
Article 2 – point 11 a (new)
Article 2 – point 11 a (new)
Conditions of Employment
Article 17 – paragraph 4 a (new)
Article 17 – paragraph 4 a (new)
11a. The following paragraph shall be added to Article 17 after paragraph 4: ‘Women whose maternity leave begins before the end of their contract will be entitled to maternity leave and maternity pay.’
Amendment 184 #
Proposal for a regulation
Article 2 – point 19
Article 2 – point 19
Conditions of Employment
Article 47 – point a
Article 47 – point a
'at the end of the month in which the servant reaches the age of 65, or, on an exceptional basis, at the date fixed in accordance with the second subparagraph of Article 52(b) of the Staff Regulations; or';
Amendment 185 #
Proposal for a regulation
Article 2 – point 19 a (new)
Article 2 – point 19 a (new)
Conditions of Employment
Article 47 – point c – point i
Article 47 – point c – point i
In Article 47(c)(i), the words ‘and a maximum of 10 months’ shall be deleted.
Amendment 186 #
Proposal for a regulation
Article 2 – point 19 a (new)
Article 2 – point 19 a (new)
Conditions of Employment
Article 48 – point b
Article 48 – point b
19a. Article 48(b) shall be replaced by the following: ‘(b) if the servant appointed under a fixed-term contract is unable to resume his duties at the end of a period of paid sick leave as provided for in Article 16. In such case, the servant shall receive an allowance equal to his basic salary, plus family allowances at the rate of two days per month of service completed.’
Amendment 187 #
Proposal for a regulation
Article 2 – point 21
Article 2 – point 21
Conditions of Employment
Article 51
Article 51
Article 37, with the exception of point (b) of the first paragraph, and Articles 38 and 45 of the Staff Regulations shall apply by analogy to members of the temporary staff referred to in Article 2(f).
Amendment 188 #
Proposal for a regulation
Article 2 – point 21
Article 2 – point 21
Conditions of Employment
Article 53 – paragraph 2
Article 53 – paragraph 2
In case of an external selection procedure, temporary staff referred to in Article 2(f) shall be engaged only at grades SC1 to SC3, AST 1 to AST 4 or AD 5 to AD 8. However, the agency may, where appropriate, authorise the engagement at grade AD 9, AD 10, AD 11 or, on an exceptional basis, at grade AD 12. The total number of engagements at grades AD 9 to AD 12 in an agency shall not exceed 20 % of the total number of engagements of temporary staff to the function group AD, calculated over a five- year rolling period.
Amendment 189 #
Proposal for a regulation
Article 2 – point 21
Article 2 – point 21
Conditions of Employment
Article 54 – paragraph 1
Article 54 – paragraph 1
In the case of temporary staff referred to in Article 2(f), classification in the next higher grade shall be exclusively by selection from among staff members who have completed a minimum period of two years in their grade, after consideration of the comparative merits of such temporary staff and of the reports on them. The last sentence of Article 45(1) and Article 45(2) of the Staff Regulations shall apply by analogy. The multiplication rates for guiding average career equivalence, as set out for officials in Section B of Annex I to the Staff Regulations, may not be exceededshall apply by analogy.
Amendment 191 #
Proposal for a regulation
Article 2 – point 30 a (new)
Article 2 – point 30 a (new)
Conditions of Employment
Article 93
Article 93
FUNCTION Step GROUP GRADE 1 2 3 4 5 6 7 18 19 5 832,42 5 953,71 6 077,52 6 203,91 6 332,92 6 464,62 6 599,06 17 18 5 154,85 5 262,04 5 371,47 5 483,18 5 597,20 5 713,60 5 832,42 16 17 4 555,99 4 650,73 4 747,45 4 846,17 4 946,95 5 049,83 5 154,85 IV 15 16 4 026,70 4 110,44 4 195,92 4 283,18 4 372,25 4 463,17 4 555,99 14 15 3 558,90 3 632,91 3 708,46 3 785,58 3 864,31 3 944,67 4 026,70 13 14 3 145,45 3 210,86 3 277,63 3 345,80 3 415,37 3 486,40 3 558,90 III 12 3 4 026,63 4 110,36 4 195,84 4 283,09 4 372,15 4 463,07 4 555,88 11 12 3 558,86 3 632,87 3 708,41 3 785,53 3 864,25 3 944,60 4 026,63 III 10 1 3 145,45 3 210,86 3 277,63 3 345,80 3 415,37 3 486,40 3 558,90 9 10 2 780,03 2 837,84 2 896,86 2 957,09 3 018,59 3 081,36 3 145,43 89 2 457,08 2 508,17 2 560,33 2 613,57 2 667,92 2 723,40 2 780,03 8 3 145,45 3 210,86 3 277,63 3 345,80 3 415,37 3 486,40 3 558,90 7 2 780,03 2 837,84 2 896,86 2 957,09 3 018,59 3 081,36 3 145,43 II 6 2 456,97 2 508,07 2 560,24 2 613,49 2 667,84 2 723,33 2 779,98 5 2 171,49 2 216,65 2 262,76 2 309,82 2 357,86 2 406,91 2 456,97 4 1 919,18 1 959,10 1 999,84 2 041,44 2 083,90 2 127,24 2 171,49 I 4 3 2 364,28 2 413,35 2 463,43 2 514,56 2 566,74 2 620,01 2 674,392 780,03 2 837,84 2 896,86 2 957,09 3 018,59 3 081,36 3 145,43 3 2 457,08 2 508,17 2 560,33 2 613,57 2 667,92 2 723,40 2 780,03 I 2 2 090,12 2 133,50 171,49 2 216,65 2 177262,786 2 222,98 2 269,11309,82 2 357,86 2 31406,291 2 364,28456,97 1 1 847,76 1 886919,118 1 925,2559,10 1 965,2199,84 2 041,44 2 00583,990 2 047,63 2 090,12 127,24 2 171,49
Amendment 192 #
Proposal for a regulation
Article 2 – point 33 a (new)
Article 2 – point 33 a (new)
Conditions of Employment
Article 126 – paragraph 1
Article 126 – paragraph 1
33a. Article 126(1) shall be replaced by the following: ‘1. The accredited parliamentary assistant shall be classified by grade via a fair system proposed by the authority, in accordance with the indication given by the Member or Members whom the assistant will support, in accordance with their proved qualifications and the implementing measures referred to in Article 125(1). In order to be classified in grades 14 to 19, as set out in Article 133, accredited parliamentary assistants shall be required, as a minimum, to have a university degree or equivalent professional experience.’;
Amendment 194 #
Proposal for a regulation
Article 2 – point 33 b (new)
Article 2 – point 33 b (new)
Conditions of Employment
Article 126 – paragraph 1 – subparagraph 1 a (new)
Article 126 – paragraph 1 – subparagraph 1 a (new)
In Article 126(1), the following subparagraph shall be added: ‘By way of derogation from Article 9, the arrangements relating to the autonomous representation of accredited parliamentary assistants shall be laid down by the implementing measures referred to in Article 125(1) taking into account that a formal link shall be established between the statutory representation of staff and the autonomous representation of assistants.’;
Amendment 196 #
Proposal for a regulation
Article 2 – point 33 c (new)
Article 2 – point 33 c (new)
Conditions of Employment
Article 126 – paragraph 2 – subparagraph 2
Article 126 – paragraph 2 – subparagraph 2
33c. In the second subparagraph of Article 126(2), after the words: ‘taking into account that a formal link shall be established between the statutory representation of staff and the autonomous representation of assistants’ the following shall be added: ‘In the absence of any formally established link between the autonomous representation of assistants and the statutory representation of staff, or if the autonomous representation of assistants judges these links to be invalid, the autonomous representation of assistants may at any time refer its objection to the European Court of Justice of the European Union for a ruling thereon. In such a case, the legal fees of the autonomous representation of assistants shall be met by Parliament, which shall not be allowed to require it to use the services of a preselected lawyer or legal firm.’
Amendment 197 #
Proposal for a regulation
Article 2 – point 33 d (new)
Article 2 – point 33 d (new)
Conditions of Employment
Article 129 – paragraph 1
Article 129 – paragraph 1
33d. In Article 129(1), after the words:’the requirements of Article 128(2)(d)’, the following shall be added: ‘The strict confidentiality of the data obtained in the course of the medical examination shall be guaranteed. The medical examination shall accordingly be strictly limited to what is necessary to establish the fitness of the accredited assistant to carry out the duties for which he is recruited. Where an accredited assistant considers that the medical examination exceeds this specific parameter, the medical services and the appointing authority shall forward to him by registered mail the medical justification for each of the examinations accredited assistants are required to undergo. If the accredited assistant does not agree with the justification and makes this known within three weeks from receipt of the mail, the appointing authority shall refer the matter to the Court of Justice of the European Union for a ruling on the suitability and relevance of these examinations to assess the ability of a candidate to carry out the duties for which he is recruited. The fees incurred by the assistant in question for the services of a lawyer or legal firm shall be met by Parliament. The accredited assistant shall be free to use the services of a layer or legal firm of his own choosing.’
Amendment 198 #
Proposal for a regulation
Article 2 – point 33 e (new)
Article 2 – point 33 e (new)
Conditions of Employment
Article 131 – paragraph 2
Article 131 – paragraph 2
33. Article 131(2) shall be replaced by the following: ‘2. The weekly working hours of an accredited parliamentary assistant shall be set by the Member; for full time accredited parliamentary assistants in normal circumstances amount to 40 hours per week but may not exceed 42 hours per week. The second and fourth paragraphs of Article 55 of the Staff Regulations shall apply by analogy.’;
Amendment 200 #
Proposal for a regulation
Article 2 – point 33 f (new)
Article 2 – point 33 f (new)
Conditions of Employment
Article 131 – paragraph 4
Article 131 – paragraph 4
33f. Article 131(4) shall be replaced by the following: ‘4. However, overtime worked by accredited parliamentary assistants shall carry the right to compensation.’;
Amendment 201 #
Proposal for a regulation
Article 2 – point 33 g (new)
Article 2 – point 33 g (new)
Conditions of Employment
Article 132
Article 132
33g. In Article 132, after the words:’The arrangements for reimbursement of mission expenses shall be laid down in the implementing measures referred to in Article 125(1)’, the following shall be added: ‘Where it emerges from the official list of Members that the Member’s constituency or domicile is situated within the European Community or in a Member State but outside of Europe, Parliament shall, within the limit of two return journeys per year per accredited assistant working exclusively for that Member, reimburse the airfare, in accordance with the implementation provisions regarding missions, between his place of work and the Member’s constituency or domicile.’
Amendment 203 #
Proposal for a regulation
Article 2 – point 33 h (new)
Article 2 – point 33 h (new)
Conditions of Employment
Article 132 a (new)
Article 132 a (new)
33h. The following Article 132a shall be inserted: ‘Article 132 In accordance with the implementing measures referred to in Article 125(1), the Articles 5, 6 and 9 of Annex VII to the Staff Regulations (reimbursement of expenses incurred by him on taking up appointment, transfer or leaving the service) shall apply by analogy to accredited parliamentary assistants who are appointed with a contract of a minimum period of 2,5 years, whereas Articles 7(1), 7(2), first subparagraph, and 8(1), 8(2) shall apply by analogy to accredited parliamentary assistants who are appointed with a contract of a minimum period of 1 year.’;
Amendment 205 #
Proposal for a regulation
Article 2 – point 33 i (new)
Article 2 – point 33 i (new)
Conditions of Employment
Article 139 – paragraph 3 a (new)
Article 139 – paragraph 3 a (new)
33i. The following paragraph shall be inserted in Article 139: ‘3a. Where the contract ceases pursuant to paragraphs 1(d), 1(e) and 3, the procedure to be followed shall guarantee observance of the rights of defence of the accredited parliamentary assistants and the duty to protect employees. In accordance with the implementing measures referred to in Article 125(1), this procedure shall cover all the different stages from the probationary period before recruitment to the steps to be followed for a duly justified dismissal.’;
Amendment 206 #
Proposal for a regulation
Article 2 – point 33 j (new)
Article 2 – point 33 j (new)
Conditions of Employment
Article 139 – paragraph 4
Article 139 – paragraph 4
33j. In Article 139(4), after the words: ‘shall not be regarded as constituting ‘years of service’ for the purposes of Article 29(3) and (4) of the Staff Regulations’, the following shall be added: ‘However, all accredited assistants who have worked full time for at least four years, three-quarter time for at least six years or half time for at least eight years shall, from completion of these periods of service and up to four years from the end of their last contract, be entitled to assume posts as contract or temporary staff published by the European institutions and normally filled by competition. Assistants who have worked for at least four years as accredited assistants in Function Group I shall be entitled to assume posts as contractual or temporary staff in Function Groups II and III. Assistants who have worked for at least four years as accredited assistants in Function Group II shall be entitled to assume posts as contractual or temporary staff in Function Groups III and IV.’