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Article 1 - Beneficiaries
Article 2 - Determination of place of origin when taking up appointment
Article 3 - Change of place of origin while in service
Article 4 - Centre of interests transferred outside the EU
Article 5 - Change of place of origin before retirement
Article 6 - Change of place of origin on termination of service
Article 7 - Entry into force

General implementing provisions for determining or changing place of origin

(Article 7(4) of Annex VII to the Staff Regulations)

THE SECRETARY-GENERAL OF THE EUROPEAN PARLIAMENT,

having regard to the Staff Regulations of Officials of the European Union (hereinafter the "Staff Regulations"), in particular Article 7(4) of Annex VII, and the Conditions of employment of other servants of the European Union (hereinafter the "CEOS"), in particular Articles 22 and 92,

having regard to the Bureau decision of 9 December 2013 to delegate to the Secretary-General the powers necessary in respect of the adoption of internal rules, implementing provisions and measures deriving from the Staff Regulations and the CEOS and related to the implementation of their reform,

having regard to the opinion of the Staff Regulations Committee of 30 September 2014,

whereas the provisions provided for in Article 7(4) of Annex VII to the Staff Regulations for determining or changing an official's place of origin need to be defined in greater detail,

after consultation of the Legal Service, the Data Protection Officer, the Staff Committee and the Committee on Equal Opportunities,

HAS ADOPTED THE FOLLOWING GENERAL IMPLEMENTING PROVISIONS:

Article 1 - Beneficiaries

An official's place of origin as laid down in Article 7(4) of Annex VII to the Staff Regulations shall be determined or changed by the Appointing Authority in accordance with the criteria laid down in these general implementing provisions.

These general implementing provisions shall by virtue of Article 22 and 92 of the CEOS apply by analogy to temporary staff and contract staff.

Article 2 - Determination of place of origin when taking up appointment

1. The place of origin of an official taking up his appointment shall be presumed to be his place of recruitment.

If an official so requests within one year after taking up his appointment and on the basis of supporting documents, his place of origin shall be fixed as his centre of interests if the latter is not the same as his place of recruitment.

2. For the purpose of these provisions, the following definitions shall apply:
place of recruitment: the place where an official was normally resident when he was recruited. Places of temporary residence for the purpose of study, military service, training or tourism may not be considered as places of normal residence;

- centre of interests: the place where an official retains:
(a) his main family ties represented, except in duly substantiated cases, at the official's discretion, by:
(i) - both or either of his parents; failing that, one or more of his grandparents; failing that, both or either of his parents-in-law; failing that, his brothers and sisters;
or
- one or more of his children; or
(ii) the marital home, provided that both of the following conditions are fulfilled
• that it was the permanent marital home before the spouse who was first to join one of the institutions as an official or a temporary or contract staff member took up his or her appointment with the European Union, and
• that it is an item of real estate to which one or both of the spouses has ties of ownership;
(b) patrimonial ties represented by immovable property already constructed;
(c) his essential interests in the sphere of public life as regards either voting rights or the holding of an elective office.

Where no place meets the requirements referred to under paragraph 2(a), (b) and (c), an official's centre of interests shall be considered to be the place where at least two of these three requirements are met or, failing that, where he retains his main family ties represented exclusively by his father, mother or children.


3. Where an official has no centre of interests meeting the criteria listed in paragraph 2, second indent, his place of origin shall be fixed as his place of recruitment.

4. Where an official is transferred from one EU institution to the Parliament, his place of origin shall be presumed to be that determined by the preceding institution, unless the interruption of service is more than six months.

If an official so requests within one year after taking up his appointment at the Parliament and on the basis of supporting documents, his place of origin shall be fixed as his centre of interests pursuant to Article 2(2) of these rules if the latter is not the same as the place of origin determined by the other EU-institution.

Article 3 - Change of place of origin while in service

1. Where an official so requests, and on the basis of supporting documents, his place of origin may, in exceptional cases, be changed while he is in service.

2. Such a change may be made only when none of the factors which previously determined his centre of interests applies any longer and another centre of interests can be determined in accordance with the conditions referred to in the second indent of Article 2(2).

3. If the official's place of origin was fixed as his place of recruitment, without later being changed to his centre of interests pursuant to Article 2(1), that place of origin may only be changed if none of the factors which determined the centre of interests at the time of entry into service any longer applies.

Article 4 - Centre of interests transferred outside the EU

1. Where an official's centre of interests is transferred outside the territories of the Member States of the Union as well as outside the countries and territories listed in Annex Il to the Treaty on the Functioning of the European Union and the territories of the Member States of the European Free Trade Association, his place of origin may, for the purpose of Articles 7(l)(b), and 9(2) of Annex VII to the Staff Regulations, be changed by special decision of the Appointing Authority to a point on the frontier of the territory of the European Union on the direct route to his centre of interests.

2. In such a case, the original place of origin shall remain unchanged for the purposes of applying Article 8 of Annexe VII and Article 20(3) of Annex XIII to the Staff Regulations.

Article 5 - Change of place of origin before retirement

In preparation for his retirement, an official may, from the age of 55, request that his place of origin be changed on production of supporting documents relating to patrimonial ties represented by immovable property already constructed or in the process of construction. The provisions of Article 4 shall apply.

Article 6 - Change of place of origin on termination of service

l. On termination of an official's service and with reference to his place of resettlement, his place of origin may be changed at his request and by special decision of the Appointing Authority on production of supporting documents. The provisions of Article 4 shall apply.

2. Officials recruited before 1 May 2004 not receiving a pension as of I May 2004, may request the Appointing Authority to change their place of origin due to family or medical reasons when receiving a pension. This decision shall be taken on production of appropriate supporting evidence by the official concerned.

Article 7 - Entry into force

These general implementing provisions enter into force on 1 January 2014. They replace the general implementing provisions of 18 May 2004.

07 NOV 2014

Klaus WELLE

Secretary-General