ANNEX XIII - Staff Regulations
Transitional measures applicable to officials of the Union (Article 107a of the SR)
TABLE OF CONTENTS
Section 1
Articles 1 •
2 •
3 •
4 •
5 •
6 •
7 •
8 •
Article 11 •
Section 2 Article 12 •
Section 3 Article 18 • Article 19 •
Section 4 Articles 20 • 21 • 22 • 23 • 24a • 25 • 26 • 27 • 28 • 29 •
Section 5 Article 30 • Article 31 • Article 32 • Article 33 •
Section 2 Article 12 •
Section 3 Article 18 • Article 19 •
Section 4 Articles 20 • 21 • 22 • 23 • 24a • 25 • 26 • 27 • 28 • 29 •
Section 5 Article 30 • Article 31 • Article 32 • Article 33 •
Section 1
Article 1
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1. For the period from 1 May 2004 to 30 April 2006 Article 5 (1) and (2) of the Staff Regulations are replaced by the following:
‘1. The posts covered by the Staff Regulations shall be classified, according to the nature and importance of the duties to which they relate, in four categories A*, B*, C* and D*, in descending order of rank.
2. Category A* shall comprise twelve grades, category B* shall comprise nine grades, category C* shall comprise seven grades and category D* shall contain five grades.’
2. Any reference to the date of recruitment shall be taken to refer to the date of entry into service.
Article 2
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1. On 1 May 2004, and subject to Article 8 of this Annex, the grades of officials having one of the administrative statuses set out in Article 35 of the Staff Regulations shall be renamed as follows:
| Former grade | New (intermediate) grade | Former grade | New (intermediate) grade | Former grade | Former grade | New (intermediate) grade | |
| A1 | A*16 | ||||||
| A2 | A*15 | ||||||
| A3/LA3 | A*14 | ||||||
| A4/LA4 | A*12 | ||||||
| A5/LA5 | A*11 | ||||||
| A6/LA6 | A*10 | B1 | B*10 | ||||
| A7/LA7 | A*8 | B2 | B*8 | ||||
| A8/LA8 | A*7 | B3 | B*7 | C1 | |||
| B4 | B*6 | C2 | |||||
| B5 | B*5 | C3 | D1 | D*4 | |||
| C4 | D2 | D*3 | |||||
| C5 | D3 | D*2 | |||||
| D4 | D*1 |
| Category A (2) | |||||||||
| Former grades | New intermediate grade | 1 | 2 | 3 | 5 | 6 | 7 | 8 | |
| A1 | A*16 | 14 822,86 | 15 445,74 | 16 094,79 | 16 094,79 | 16 094,79 | |||
| 12 717,09 | 13 392,63 | 14 068,17 | 15 419,25 | 16 094,79 | |||||
| 0,8579377 | 0,867076 | 0,8740822 | 0,9580274 | 1 | |||||
| A2 | A*15 | 13 100,93 | 13 651,45 | 14 225,11 | 14 822,86 | 15 445,74 | |||
| 11 285,38 | 11 930,01 | 12 574,64 | 13 863,90 | 14 508,53 | |||||
| 0,8614182 | 0,8739006 | 0,8839749 | 0,9353053 | 0,9393224 | |||||
| A3 | A*14 | 11 579,04 | 12 065,60 | 12 572,62 | 13 100,93 | 13 651,45 | 14 225,11 | 14 822,86 | |
| 9 346,34 | 9 910,20 | 10 474,06 | 11 601,78 | 12 165,64 | 12 729,50 | 13 293,36 | |||
| 0,8071775 | 0,8213599 | 0,8330849 | 0,8855692 | 0,891161 | 0,8948613 | 0,8968148 | |||
| A*13 | 10 233,93 | 10 663,98 | 11 112,09 | 11 579,04 | |||||
| A4 | A*12 | 9 045,09 | 9 425,17 | 9 821,23 | 10 233,93 | 10 663,98 | 11 112,09 | 11 579,04 | |
| 7 851,92 | 8 292,03 | 8 732,14 | 9 612,36 | 10 052,47 | 10 492,58 | 10 932,69 | |||
| 0,8680864 | 0,8797751 | 0,8891086 | 0,9392638 | 0,9426565 | 0,944249 | 0,9441793 | |||
| A5 | A*11 | 7 994,35 | 8 330,28 | 8 680,33 | 9 045,09 | 9 425,17 | 9 821,23 | 10 233,93 | |
| 6 473,51 | 6 857,02 | 7 240,53 | 8 007,55 | 8 391,06 | 8 774,57 | 9 158,08 | |||
| 0,8097606 | 0,823144 | 0,8341307 | 0,8852925 | 0,8902821 | 0,8934288 | 0,8948742 | |||
| A6 | A*10 | 7 065,67 | 7 362,57 | 7 671,96 | 7 994,35 | 8 330,28 | 8 680,33 | 9 045,09 | |
| 5 594,32 | 5 899,56 | 6 204,80 | 6 815,28 | 7 120,52 | 7 425,76 | 7 731,00 | |||
| 0,7917607 | 0,8012909 | 0,8087633 | 0,8525121 | 0,8547756 | 0,8554698 | 0,8547179 | |||
| A*9 | 6 244,87 | 6 507,29 | 6 780,73 | 7 065,67 | |||||
| A7 | A*8 | 5 519,42 | 5 751,35 | 5 993,03 | 6 244,87 | 6 507,29 | |||
| 4 815,59 | 5 055,21 | 5 294,83 | 5 774,07 | 6 013,69 | |||||
| 0,8724812 | 0,8789606 | 0,883498 | 0,9246101 | 0,9241466 | |||||
| A8 | A*7 | 4 878,24 | 5 083,24 | 5 296,84 | 5 519,42 | ||||
| 4 258,95 | 4 430,71 | ||||||||
| 0,8730505 | 0,8716311 | ||||||||
| A*6 | 4 311,55 | 4 492,73 | 4 681,52 | 4 878,24 | |||||
| A*5 | 3 810,69 | 3 970,82 | 4 137,68 | 4 311,55 | |||||
| (1) The figures in italics in the tables refer to the former salaries as set out in Article 66 of the Staff Regulations before 1 May 2004. They are included in these tables merely for explanatory reasons and do not have any legal implication. (2) The figure on the third line corresponding to each step is a coefficient representing the ratio between the basic salary before and after 1 May 2004. | |||||||||
| Category B (2) | |||||||||
| Former grades | New intermediate grade | 1 | 2 | 3 | 5 | 6 | 7 | 8 | |
| B*11 | 7 994,35 | 8 330,28 | 8 680,33 | 9 045,09 | |||||
| B1 | B*10 | 7 065,67 | 7 362,57 | 7 671,96 | 7 994,35 | 8 330,28 | 8 680,33 | 9 045,09 | |
| 5 594,32 | 5 899,56 | 6 204,80 | 6 815,28 | 7 120,52 | 7 425,76 | 7 731,00 | |||
| 0,7917607 | 0,8012909 | 0,8087633 | 0,8525121 | 0,8547756 | 0,8554698 | 0,8547179 | |||
| B*9 | 6 244,87 | 6 507,29 | 6 780,73 | 7 065,67 | |||||
| B2 | B*8 | 5 519,42 | 5 751,35 | 5 993,03 | 6 244,87 | 6 507,29 | 6 780,73 | 7 065,67 | |
| 4 847,05 | 5 074,29 | 5 301,53 | 5 756,01 | 5 983,25 | 6 210,49 | 6 437,73 | |||
| 0,878181 | 0,8822781 | 0,884616 | 0,9217181 | 0,9194688 | 0,9159029 | 0,911128 | |||
| B3 | B*7 | 4 878,24 | 5 083,24 | 5 296,84 | 5 519,42 | 5 751,35 | 5 993,03 | 6 244,87 | |
| 4 065,67 | 4 254,62 | 4 443,57 | 4 821,47 | 5 010,42 | 5 199,37 | 5 388,32 | |||
| 0,8334297 | 0,8369898 | 0,8389096 | 0,8735465 | 0,8711729 | 0,8675695 | 0,8628394 | |||
| B4 | B*6 | 4 311,55 | 4 492,73 | 4 681,52 | 4 878,24 | 5 083,24 | 5 296,84 | 5 519,42 | |
| 3 516,44 | 3 680,31 | 3 844,18 | 4 171,92 | 4 335,79 | 4 499,66 | 4 663,53 | |||
| 0,815586 | 0,8191701 | 0,8211393 | 0,8552101 | 0,852958 | 0,8494989 | 0,8449312 | |||
| B5 | B*5 | 3 810,69 | 3 970,82 | 4 137,68 | 4 311,55 | 4 492,73 | 4 681,52 | 4 878,24 | |
| 3 143,24 | 3 275,85 | 3 408,46 | 3 673,68 | 3 806,29 | 3 938,90 | 4 071,51 | |||
| 0,824848 | 0,8249807 | 0,8237611 | 0,8520555 | 0,8472109 | 0,841372 | 0,8346268 | |||
| B*4 | 3 368,02 | 3 509,54 | 3 657,02 | 3 810,69 | |||||
| B*3 | 2 976,76 | 3 101,85 | 3 232,19 | 3 368,02 | |||||
| (1) The figures in italics in the tables refer to the former salaries as set out in Article 66 of the Staff Regulations before 1 May 2004. They are included in these tables merely for explanatory reasons and do not have any legal implication. (2) The figure on the third line corresponding to each step is a coefficient representing the ratio between the basic salary before and after 1 May 2004. | |||||||||
| Category C (2) | |||||||||
| Former grades | New intermediate grade | 1 | 2 | 3 | 5 | 6 | 7 | 8 | |
| C*7 | 4 878,24 | 5 083,24 | 5 296,84 | 5 519,42 | |||||
| C1 | C*6 | 4 311,55 | 4 492,73 | 4 681,52 | 4 878,24 | 5 083,24 | 5 296,84 | 5 519,42 | |
| 3 586,63 | 3 731,26 | 3 875,89 | 4 165,15 | 4 309,78 | 4 454,41 | 4 599,04 | |||
| 0,8318656 | 0,8305106 | 0,8279127 | 0,8538223 | 0,8478411 | 0,8409561 | 0,833247 | |||
| C2 | C*5 | 3 810,69 | 3 970,82 | 4 137,68 | 4 311,55 | 4 492,73 | 4 681,52 | 4 878,24 | |
| 3 119,61 | 3 252,15 | 3 384,69 | 3 649,77 | 3 782,31 | 3 914,85 | 4 047,39 | |||
| 0,818647 | 0,8190122 | 0,8180164 | 0,84651 | 0,8418734 | 0,8362348 | 0,8296824 | |||
| C3 | C*4 | 3 368,02 | 3 509,54 | 3 657,02 | 3 810,69 | 3 970,82 | 4 137,68 | 4 311,55 | |
| 2 910,01 | 3 023,56 | 3 137,11 | 3 364,21 | 3 477,76 | 3 591,31 | 3 704,86 | |||
| 0,8640121 | 0,861526 | 0,8578323 | 0,8828349 | 0,8758292 | 0,8679526 | 0,8592873 | |||
| C4 | C*3 | 2 976,76 | 3 101,85 | 3 232,19 | 3 368,02 | 3 509,54 | 3 657,02 | 3 810,69 | |
| 2 629,42 | 2 735,93 | 2 842,44 | 3 055,46 | 3 161,97 | 3 268,48 | 3 374,99 | |||
| 0,8833161 | 0,8820317 | 0,8794161 | 0,9071977 | 0,9009642 | 0,893755 | 0,8856638 | |||
| C5 | C*2 | 2 630,96 | 2 741,52 | 2 856,72 | 2 976,76 | ||||
| 2 424,48 | 2 523,83 | 2 623,18 | |||||||
| 0,9215191 | 0,9205951 | 0,9182489 | |||||||
| C*1 | 2 325,33 | 2 423,04 | 2 524,86 | 2 630,96 | |||||
| (1) The figures in italics in the tables refer to the former salaries as set out in Article 66 of the Staff Regulations before 1 May 2004. They are included in these tables merely for explanatory reasons and do not have any legal implication. (2) The figure on the third line corresponding to each step is a coefficient representing the ratio between the basic salary before and after 1 May 2004. | |||||||||
| Category D (2) | |||||||||
| Former grades | New intermediate grade | 1 | 2 | 3 | 5 | 6 | 7 | 8 | |
| D*5 | 3 810,69 | 3 970,82 | 4 137,68 | 4 311,55 | |||||
| D1 | D*4 | 3 368,02 | 3 509,54 | 3 657,02 | 3 810,69 | 3 970,82 | 4 137,68 | 4 311,55 | |
| 2 740,03 | 2 859,83 | 2 979,63 | 3 219,23 | 3 339,03 | 3 458,83 | 3 578,63 | |||
| 0,8135433 | 0,8148732 | 0,8147699 | 0,8447893 | 0,8408918 | 0,8359346 | 0,8300101 | |||
| D2 | D*3 | 2 976,76 | 3 101,85 | 3 232,19 | 3 368,02 | 3 509,54 | 3 657,02 | 3 810,69 | |
| 2 498,38 | 2 604,79 | 2 711,20 | 2 924,02 | 3 030,43 | 3 136,84 | 3 243,25 | |||
| 0,8392951 | 0,8397537 | 0,8388121 | 0,8681718 | 0,8634835 | 0,8577585 | 0,8510926 | |||
| D3 | D*2 | 2 630,96 | 2 741,52 | 2 856,72 | 2 976,76 | 3 101,85 | 3 232,19 | 3 368,02 | |
| 2 325,33 | 2 424,85 | 2 524,37 | 2 723,41 | 2 822,93 | 2 922,45 | 3 021,97 | |||
| 0,8838333 | 0,8844911 | 0,8836603 | 0,9148907 | 0,9100795 | 0,9041702 | 0,8972542 | |||
| D4 | D*1 | 2 325,33 | 2 423,04 | 2 524,86 | 2 630,96 | ||||
| 2 192,47 | 2 282,38 | 2 372,29 | |||||||
| 0,942864 | 0,9419476 | 0,9395718 | |||||||
| |||||||||
Article 3
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The step occupied by an official and the seniority acquired in grade and step shall not be affected by the procedure described in Article 2 (1) of this Annex. Salaries shall be determined in accordance with Article 7 of this Annex.
Article 4
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For the purposes of these provisions and for the period specified in the introductory sentence of Article 1 of this Annex:
- (a) the words ‘function group’ shall be replaced by ‘category’:
- (i) in the Staff Regulations in:
- — Article 5(5),
— Article 6(1),
— Article 7(2),
— Article 31(1),
— the third paragraph of Article 32,
— Article 39, point (f),
— Article 40(4),
— Article 41(3),
— Article 51(1), (2), (8) and (9),
— the first paragraph of Article 78;
(ii) in Annex II to the Staff Regulations in the fourth paragraph of Article 1; (iii) in Annex III to the Staff Regulations in:
(iv) in Annex IX to the Staff Regulations in:
- (i) in the Staff Regulations in:
— Article 5(3), point (c);
— the third paragraph of Article 48;
— the second paragraph of Article 56;
(ii) in Annex II to the Staff Regulations in the first paragraph of Article 10;
(c) the words ‘function group AST’ shall be replaced by ‘categories B*, C* and D*’:
- (i) in the Staff Regulations in:
- — the second paragraph of Article 43;
— the third paragraph of Article 48;
(ii) in Annex VI to the Staff Regulations in Articles 1 and 3;
(d) the words ‘grade AST 1 to AST 4’ shall be replaced by ‘categories C* and D* grades 1 to 4’ in the Staff Regulations in the third paragraph of Article 56; (e) in Article 5(3)(a) of the Staff Regulations the words ‘function group AST’ are replaced by ‘categories B* and C*’; (f) Article 29 (4) of the Staff Regulations is replaced by: ‘The European Parliament shall organise at least one competition for category C*, B* and A* before 1 May 2006.’; (g) in the second paragraph of Article 43 of the Staff Regulations the words ‘an administrator's function’ are replaced by ‘a function in the next higher category’; (h) in Article 45a (1) of the Staff Regulations, the words ‘function group AST may’ are replaced by ‘category B* may’ and the words ‘function group AD’ are replaced by ‘a post in category A*’; (i) in Article 46 of the Staff Regulations, the words ‘AD 9 to AD 14’ are replaced by ‘A *9 to A *14’.; (j) in paragraph 2 of Article 29 of the Staff Regulations, the words ‘grades AD 16 or AD 15’ are replaced by ‘grades A*16 orA*15’ and the words ‘grades AD 15 or 14’ by ‘grades A*15 or A*14’; (k) in the first paragraph of Article 12 of Annex II to the Staff Regulations, the words ‘AD 14’ are replaced by ‘A*14’; (l) in Article 5 of Annex IX to the Staff Regulations:
- (i) in paragraph 2, the words ‘AD 13’ are replaced by ‘A*13’;
(ii) in paragraph 3, the words ‘AD 14’ are replaced by ‘A*14 or higher’ and the words ‘AD 16 or AD 15’ by ‘A*16 or A*15’;
(iii) in paragraph 4, the words ‘AD 16’ are replaced by ‘A*16’ and the words ‘AD 15’ by ‘A*15’;
(m) in the second paragraph of Article 43 of the Staff Regulations, the words ‘As of grade 4,’ are deleted; (n) in Article 5 (4) of the Staff Regulations, the reference to ‘Annex I, point A’ are replaced by a reference to ‘Annex XIII.1’; (o) where in the text of the Staff Regulations reference is made to the basic monthly salary of an official in grade AST 1, this shall be replaced by a reference to the basic monthly salary of an official in grade D*1.
Article 5
-
1. Notwithstanding Article 45 of the Staff Regulations, officials eligible for promotion on 1 May 2004 shall continue to be eligible even if they have not completed a minimum of two years in their grade.
2. Officials whose names appear before 1 May 2006 on the list of candidates suitable for transfer from one category to another shall, if transfer takes place as from 1 May 2004 be placed in the grade and step they occupied in the former category, or failing this at the first step in the starting grade of the new category.
3. Articles 1 to 11 of this Annex shall apply to temporary servants engaged before 1 May 2004 who are subsequently recruited as officials in accordance with paragraph 4.
4. Temporary servants whose names appear before 1 May 2006 on the list of candidates suitable for transfer from one category to another or on the list of successful candidates of an internal competition shall, if recruitment takes place as from 1 May 2004, be placed in the grade and step they occupied as a temporary servant in the former category, or failing this at the first step in the starting grade of the new category.
5. An official in grade A3 on 30 April 2004 shall, upon appointment after that date as Director, be promoted to the next higher grade, in accordance with Article 7 (5) of this Annex. The last sentence of Article 46 of the Staff Regulations shall not apply.
Article 6
-
Without prejudice to Articles 9 and 10 of this Annex, for the first promotion of officials recruited before 1 May 2004, the percentages referred to in Article 6 (2) of the Staff Regulations and in Article Annex I, point B to the Staff Regulations shall be adapted to comply with the arrangements in force in each institution prior to that date.
Where the promotion of an official takes effect prior to 1 May 2004, it shall be governed by the provisions of the Staff Regulations in force at the date on which the promotion takes effect.
Article 7
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Basic monthly salaries of officials recruited before 1 May 2004 shall be determined in accordance with the following rules:
1. The renaming of grades pursuant to Article 2 (1) of this Annex shall not lead to any changes in the basic monthly salary paid to each official.
2. For each official, a multiplication factor shall be calculated at 1 May 2004. This multiplication factor shall be equal to the ratio between the basic monthly salary paid to an official before 1 May 2004 and the applicable amount defined in Article 2 (2) of this Annex.
The basic monthly salary paid to the official on 1 May 2004 shall be equal to the product of the applicable amount and the multiplication factor.
The multiplication factor shall be applied in order to determine the official's basic monthly salary following advancement in step or update of remunerations.
3. Notwithstanding the foregoing provisions, for periods after 1 May 2004 the basic monthly salary paid to an official shall be not less than that he would have received under the system in force before that date through automatic advancement in step in the grade formerly occupied by him. For each grade and step, the former basic salary to be taken into account is equal to the applicable amount after 1 May 2004 multiplied by the coefficient defined in Article 2 (2) of this Annex.
4. An official in grades A*10 to A*16 and AD 10 to 16 respectively who is on 30 April 2004 head of unit, director or director-general, or is subsequently appointed head of unit, director or director general and has performed his new duties satisfactorily during the first nine months, shall be entitled to an increase in the basic monthly salary corresponding to the percentage between the first and the second step in each grade as set out in the tables in Article 2(1) and Article 8 (1) of this Annex.
5. Without prejudice to paragraph 3, for each official, the first promotion after 1 May 2004 shall, depending on the category occupied before 1 May 2004 and the step occupied at the time the promotion takes effect, lead to an increase in basic monthly salary to be determined on the basis of the following table:
| Steps | ||||||||
| Grade | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| A | 13,1 % | 11,0 % | 6,8 % | 5,7 % | 5,5 % | 5,2 % | 5,2 % | 4,9 % |
| B | 11,9 % | 10,5 % | 6,4 % | 4,9 % | 4,8 % | 4,7 % | 4,5 % | 4,3 % |
| C | 8,5 % | 6,3 % | 4,6 % | 4,0 % | 3,9 % | 3,7 % | 3,6 % | 3,5 % |
| D | 6,1 % | 4,6 % | 4,3 % | 4,1 % | 4,0 % | 3,9 % | 3,7 % | 3,6 % |
Article 8
-
1. With effect from 1 May 2006, the grades introduced by Article 2 (1) shall be renamed as follows:
| Former (intermediate) grade | New grade | Former (intermediate) grade | New grade | |
| A*16 | AD 16 | |||
| A*15 | AD 15 | |||
| A*14 | AD 14 | |||
| A*13 | AD 13 | |||
| A*12 | AD 12 | |||
| A*11 | AD 11 | B*11 | AST 11 | |
| A*10 | AD 10 | B*10 | AST 10 | |
| A*9 | AD 9 | B*9 | AST 9 | |
| A*8 | AD 8 | B*8 | AST 8 | |
| A*7 | AD 7 | B*7/C*7 | AST 7 | |
| A*6 | AD 6 | B*6/C*6 | AST 6 | |
| A*5 | AD 5 | B*5/C*5/D*5 | AST 5 | |
| B*4/C*4/D*4 | AST 4 | |||
| B*3/C*3/D*3 | AST 3 | |||
| C*2/D*2 | AST 2 | |||
| C*1/D*1 | AST 1 |
[]
Article 9
-
From 1 May 2004 to 30 April 2011 and by derogation from Annex I, point B, to the Staff Regulations, with regard to officials in grades AD 12 and 13 and AST 10 the percentages referred to in Article 6 (2) of the Staff Regulations shall be as follows:
| Grade | 1 May 2004 until | ||||||
| 30.4.2005 | 30.4.2006 | 30.4.2007 | 30.4.2008 | 30.4.2010 | 30.4.2011 | ||
| A*/AD 13 | - | - | 0,05 | 0,1 | 0,2 | 0,2 | |
| A*/AD 12 | 0,05 | 0,05 | 0,05 | 0,1 | 0,2 | 0,25 | |
| B*/AST 10 | 0,05 | 0,05 | 0,05 | 0,1 | 0,2 | 0,2 |
Article 11
- Article 45 (2) shall not apply to promotions that take effect prior to 1 May 2006.
Section 2
Article 12
-
1. Between 1 May 2004 and 30 April 2006, reference to grades in function groups AST and AD in paragraph 2 and 3 of Article 31 of the Staff Regulations shall be made as follows:
- — AST 1 to AST 4: C*1 to C*2 and B*3 to B*4,
— AD 5 to AD 8: A*5 to A*8,
— AD 9, AD 10, AD 11, AD 12: A*9, A*10, A*11, A*12.
2. In the case of officials recruited from lists of suitable candidates resulting from competitions published before 1 May 2004 Article 5 (3) of the Staff Regulations shall not apply. 3. Officials who have been included in a list of suitable candidates before 1 May 2006 and are recruited between 1 May 2004 and 30 April 2006 shall:
- — 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:
—
| Grade of the competition | Grade of recruitment |
|---|---|
| A8/LA8 | A*5 |
| A7/LA7 and A6/LA6 | A*6 |
| A5/LA5 and A4/LA4 | A*9 |
| A3/LA3 | A*12 |
| A2 | A*14 |
| A1 | A*15 |
| B5 and B4 | B*3 |
| B3 and B2 | B*4 |
| C5 and C4 | C*1 |
| C3 and C2 | C*2 |
Article 13
-
1. Officials who have been included in a list of suitable candidates before 1 May 2006 and are recruited after that date shall be graded in accordance with the following table:
| Grade of competition | Grade of recruitment | |
| A8/LA8 | A*5 | AD 5 |
| A7/LA7 and A6/LA6 | A*6 | AD 6 |
| A*7 | AD 7 | |
| A*8 | AD 8 | |
| A5/LA5 and A4/LA4 | A*9 | AD 9 |
| A*10 | AD 10 | |
| A*11 | AD 11 | |
| A3/LA3 | A*12 | AD 12 |
| A2 | A*14 | AD 14 |
| A1 | A*15 | AD 15 |
| B5 and B4 | B*3 | AST 3 |
| B3 and B2 | B*4 | AST 4 |
| C5 and C4 | C*1 | AST 1 |
| C3 and C2 | C*2 | AST 2 |
Section 3
Article 18
-
1. Beneficiaries who were entitled in the month before 1 May 2004 to the fixed allowance mentioned in the former Article 4a of Annex VII to the Staff Regulations shall keep it ad personam up to grade 6. The amounts of the allowance shall be updated every year by the same percentage as the annual pay update referred to in Annex XI of the Staff Regulations. When the net remuneration of an official who has been promoted to grade 7, as a consequence of the abolition of the fixed allowance, is lower than the net remuneration he received, all other conditions being unchanged, in the last month before the promotion, he shall be entitled to a compensatory allowance equal to the difference until his advancement to the next higher step in grade.
--------------- NOTE de SFP-Europa --------------------------------------
Annexe VII - Article 4 bis (25) Statut applicable avant 1er mai 2004 [Reg. 423/2014 - 2012]
Le fonctionnaire de catégorie C affecté à un emploi de dactylographe, de sténodactylographe, de télexiste, de typiste, de secrétaire de direction ou de secrétaire principal peut bénéficier d'une indemnité forfaitaire. Le montant de cette indemnité est arrêté par le Conseil selon la procédure prévue à l'article 65 paragraphe 3 du statut.
-
— [] EUR par mois pour les fonctionnaires classés dans les grades C4 ou C5,
— [] EUR par mois pour les fonctionnaires classés dans les grades C1, C2 ou C3.
Article 19
-
Notwithstanding the provisions of Regulation (EU) No 1023/2013 of the European Parliament and of the Council (1), Articles 63, 64, 65, 82 and 83a of the Staff Regulations, Annexes XI and XII thereto and Articles 20(1), 64, 92 and 132 of the Conditions of Employment of Other Servants as in force before 1.11.2013 shall continue to be in force exclusively for the purpose of any adjustment required to comply with a judgment of the Court of Justice of the European Union under Article 266 of the Treaty on the Functioning of the European Union on the application of those articles.
Section 4
Article 20
-
1. The pensions of officials who retire before 1 May 2004 shall be subject to the correction coefficient referred to in point (b) of Article 3(5) of Annex XI to the Staff Regulations for Member States in which they have established proven main residence.
The minimum applicable correction coefficient shall be 100.
If they establish their residence in a third country, the applicable correction coefficient shall be 100.
[]
| Avec effet au 1er juillet , les coefficients correcteurs applicables aux pensions en vertu de l'article 20, paragraphe 1, de l'annexe XIII du statut sont fixés comme indiqué dans la colonne 4 du tableau ci-après. |
- (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 their last place of employment or with the country of their place of origin within the meaning of (4) of Annex VII. However, for family or medical reasons, officials receiving a pension may request the appointing authority to change their place of origin; the decision in that regard shall be taken on production by the official concerned of appropriate supporting evidence. By way of derogation from45" target="blank"> 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. 4. This Article shall apply by analogy to invalidity allowances and to allowances under Article 41 and 50 of the Staff Regulations and Regulations (EEC) No 1857/89 (EC, Euratom, ECSC) 2688/95 (, (EC Euratom, ECSC) 2689/95 (, (EC, Euratom) No 1746/2002, (EC, Euratom) No 1747/2002 or (EC, Euratom) No 1748/2002.
Article 21
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Notwithstanding the second sentence of the second paragraph of Article 77 of the Staff Regulations, officials who entered the service before 1 May 2004 shall be entitled to 2 % of their salary referred to therein for every year of pensionable service calculated in accordance with Article 3 of Annex VIII.
Officials who entered the service in the period from 1 May 2004 until 31 December 2013 shall be entitled to 1,9 % of their salary referred to therein for every year of pensionable service calculated in accordance with Article 3 of Annex VIII.
Article 22
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1. Officials with 20 or more years’ service on 1 May 2004 shall become entitled to a retirement pension when they reach the age of 60.
Officials aged 35 years or more on 1 May 2014 and who entered the service before 1 January 2014 shall become entitled to a retirement pension at the age shown in the table below:
| Age on 1 May 2014 | Pensionable age | Age on 1 May 2014 | Pensionable age |
|---|---|---|---|
| 60 years and above | 60 years | 47 years | 62 years 6 months |
| 59 years | 60 years 2 months | 46 years | 62 years 8 months |
| 58 years | 60 years 4 months | 45 years | 62 years 10 months |
| 57 years | 60 years 6 months | 44 years | 63 years 2 months |
| 56 years | 60 years 8 months | 43 years | 63 years 4 months |
| 55 years | 61 years | 42 years | 63 years 6 months |
| 54 years | 61 years 2 months | 41 years | 63 years 8 months |
| 53 years | 61 years 4 months | 40 years | 63 years 10 months |
| 52 years | 61 years 6 months | 39 years | 64 years 3 months |
| 51 years | 61 years 8 months | 38 years | 64 years 4 months |
| 50 years | 61 years 11 months | 37 years | 64 years 5 months |
| 49 years | 62 years 2 months | 36 years | 64 years 6 months |
| 48 years | 62 years 4 months | 35 years | 64 years 8 months |
Article 23
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1. When point (a) of Article 52 of the Staff Regulations applies, and without prejudice to the provisions of Article 50, an official in service before 1 January 2014 shall be retired automatically on the last day of the month in which he reaches the age of 65. For officials in service before 1 January 2014, the words ‘age of 66’ and ‘age 66’ in the second paragraph of Article 78 and point (b) of Article 81a (1) of the Staff Regulations and in point (b) of Article 12 (1) of Annex VIII shall be read as ‘age of 65’ and ‘age 65’.
2. Notwithstanding Article 52 of the Staff Regulations, officials who entered the service before 1 January 2014 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 this Annex may request that point (b) of Article 9 of Annex VIII be applied
- (a) until 31 December 2015 as from the age of 55;
(b) until 31 December 2016 as from the age of 57.
3. By way of derogation from the eighth paragraph of Article 50 of the Staff Regulations, an official who is retired in the interests of the service in accordance with the first paragraph of Article 50 of the Staff Regulations shall be entitled to receive the payment of a pension under Article 9 of Annex VIII in accordance with the table below:
| Date of the decision under the first paragraph of Article 50 | Age |
|---|---|
| Until 31 December 2016 | 55 years |
| After 31 December 2016 | 58 years |
Article 24
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1. In the case of a pension determined before 1 May 2004, the recipient's pension entitlement shall continue to be determined after that date in accordance with the rules applied when the entitlement was initially determined. The same holds true as regards cover under the joint sickness insurance scheme. However, the rules on family allowances and correction coefficients in force as from 1 May 2004 shall apply immediately without prejudice to the application of Article 20 of this Annex.
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.
2. When these provisions enter into force, the nominal amount of net pension received before 1 May 2004 shall be guaranteed. That guaranteed amount shall nevertheless be adjusted if the recipient's family situation or country of residence changes. For persons who retire between 1 May 2004 and 31 December 2007, the nominal amount of net pension received on retirement shall be guaranteed with reference to the Staff Regulations provisions in force on the date of their retirement.
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.
3. Provided that recipients of an invalidity pension have not asked to be covered by the provisions applicable as from 1 May 2004, and have not been declared fit to resume their duties, their invalidity pensions thus maintained shall be considered retirement pensions when the recipients reach the age of 65 years.
4. Paragraphs 1 and 2 shall apply to recipients of one of the allowances paid under Articles 41 or 50 of the Staff Regulations or under Regulation (EEC) No 1857/89, Regulation (EC, Euratom, ECSC) 2688/1995, Regulation (EC Euratom, ECSC) No 2689/1995, Regulation (EC, Euratom) No 1746/2002, Regulation (EC, Euratom) No 1747/2002 or Regulation (EC, Euratom) No 1748/2002. However, their retirement pensions shall be determined in accordance with the rules in force on the date on which their payment commences.
Article 24a
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In the case of a pension determined before 1 January 2014, the recipient's pension entitlement shall continue to be determined after that date in accordance with the rules applied when the entitlement was initially determined. The same applies to the cover under the joint sickness insurance scheme.
Article 25
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1. For pensions determined before 1 May 2004, the grade used for calculating pension shall be determined in accordance with the tables in Article 2 (1) and Article 8 (1) of this Annex.
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.
2. On a transitional basis, the basic salary within the meaning of Articles 77 and 78 of the Staff Regulations and of Annex VIII shall be determined by applying the corresponding multiplication factor laid down in Article 7 to the salary which corresponds to the recipient's grading taken into account to determine entitlement to retirement pension or invalidity benefit, in accordance with the table in Article 66 of the Staff Regulations.
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.
3. For recipients of a survivor's pension, paragraphs 1 and 2 of this Article shall apply by reference to the deceased official or former official.
4. Paragraphs 1 and 2 of this Article shall apply by analogy to recipients of one of the allowances paid under Articles 41 or 50 of the Staff Regulations or under Regulation (EEC) No 1857/89, Regulation (EC, Euratom, ECSC) 2688/1995, Regulation (EC Euratom, ECSC) No 2689/1995, Regulation (EC, Euratom) No 1746/2002, Regulation (EC, Euratom) No 1747/2002 or Regulation (EC, Euratom) No 1748/2002.
Article 26
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1. Requests to qualify for the facilities for transfer of pension rights under Article 11 (2) of Annex VIII submitted before 1 May 2004 shall be considered in accordance with the rules in force at the time of their submission.
2. In so far as the time limit stipulated in Article 11 (2) of Annex VIII has not yet been exceeded on 1 May 2004, the officials concerned who did not submit such a request within the time limits previously stipulated, or whose request has been rejected for having been submitted after those time limits, shall still be able to submit or resubmit a request for transfer under Article 11 (2) of Annex VIII.
3. Officials who submitted a request for transfer within the time limits but rejected the offer made to them, who did not submit a transfer request within the time limits previously stipulated, or whose request was rejected for having been submitted after those time limits, may still submit or resubmit such a request by 31 October 2004 at the latest.
4. In the cases provided for in paragraphs 2 and 3 of this Article, the institution where the official is working shall determine the number of pensionable years to be taken into account under its own scheme pursuant to the general implementing provisions adopted in respect of Article 11 (2) of Annex VIII, which shall take into account the provisions of this Annex. However, for the purposes of paragraph 3 of this Article the official's age and grade to be taken into account shall be those at the time of establishment.
5. Officials who agreed to transfer their pension rights pursuant to Article 11 (2) of Annex VIII before 1 May 2004 may request recalculation of the bonus already obtained under the Union institutions' pension scheme pursuant to that Article. Recalculation shall be based on the parameters in force at the time when the bonus was obtained, adjusted in accordance with Article 22 of this Annex.
6. Officials who obtain a bonus pursuant to paragraph 1 may, from notification of the bonus under the Union institutions' pension scheme, request application of paragraph 5.
Article 27
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1. When the actuarial equivalent referred to in Article 11(1) and Article 12(1)(b) of Annex VIII to the Staff Regulations is calculated, officials and temporary staff shall be covered, for the portion of their rights relating to periods of service before 1 May 2004, by the provisions set out below.
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 Union in accordance with Article 11(2) of Annex VIII to the Staff Regulations, plus compound interest at the rate of 3,5 % a year.
2. However, where officials or temporary servants leave because their contracts are revoked or terminated, the severance grant to be paid or actuarial equivalent to be transferred shall be determined in the light of the decision taken on the basis of Article 9(1)(h) of Annex IX to the Staff Regulations. 3. Unless they have benefited from Article 11(2) or (3) of Annex VIII to the Staff Regulations, officials in service on 1 May 2004 and who would, for lack of a transfer option under Article 11(1) , have been entitled to payment of a severance grant in accordance with the Staff Regulationsrules in force before 1 May 2004, shall retain the right to payment of a severance grant calculated in accordance with the rules in force before that date.
Article 28
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1. Servants referred to in Article 2 of the Conditions of Employment of Other Servants who were under contract on 1 May 2004 and who are appointed as officials after that date and before 1 January 2014 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 as referred to in Article 77 of the Staff Regulations.
2. Servants referred to in Articles 2, 3a and 3b of the Conditions of Employment of Other Servants who are under contract on 1 January 2014 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 or contract staff which takes into account the change in their pensionable age as referred to in Article 77 of the Staff Regulations, in the event that they are at least 35 years old on 1 May 2014.
Article 29
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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.
Section 5
Article 30
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1. By way of derogation from Annex I, Section A, point 2, the following table of types of posts in function group AD shall apply to officials in service on 31 December 2013:
| Director-General | AD 15 – AD 16 |
| Director | AD 14 – AD 15 |
| Head of unit or equivalent | AD 9 – AD 14 |
| Adviser or equivalent | AD 13 – AD 14 |
| Senior Administrator in transition | AD 14 |
| Administrator in transition | AD 13 |
| Administrator | AD 5 – AD 12 |
2. With effect from 1 January 2014, the appointing authority shall classify officials in service on 31 December 2013 in function group AD in types of posts as follows:
- (a) Officials who were in grade AD 14 on 31 December 2013 and who were not Director or equivalent, Head of unit or equivalent or Adviser or equivalent shall be assigned to the type of post Senior Administrator in transition.
(b) Officials who were in grade AD 13 on 31 December 2013 and who were not Head of unit or equivalent or Adviser or equivalent shall be assigned to the type of post Administrator in transition.
(c) Officials who were in grades AD 9 to AD 14 on 31 December 2013 and who were Head of unit or equivalent shall be assigned to the type of post Head of unit or equivalent.
(d) Officials who were in grades AD 13 or AD 14 on 31 December 2013 and who were Adviser or equivalent shall be assigned to the type of post Adviser or equivalent.
(e) Officials who were in grades AD 5 to AD 12 on 31 December 2013 and who were not Head of unit or equivalent shall be assigned to the type of post Administrator.
3. By way of derogation from paragraph 2, officials in grades AD 9 to AD 14 holding special responsibilities may be assigned by the appointing authority before 31 December 2015 to the type of post "Head of unit or equivalent" or "Adviser or equivalent". Each appointing authority shall lay down provisions to give effect to this Article. However, the total number of officials benefiting from this provision shall not exceed 5 % of the officials in function group AD on 31 December 2013. 4. The assignment to a type of post shall be valid until the official is assigned to a new function corresponding to another type of post. 5. Provided they satisfy the conditions laid down in the first paragraph of Article 44, officials in grade AD 12, step 5, holding a post of Administrator shall, as from 1 January 2016, receive an increase in basic salary equivalent to the difference between the salary corresponding to grade AD 12, step 4, and grade AD 12, step 3. 6. Provided they satisfy the conditions laid down in the first paragraph of Article 44, officials in grade AD 12, step 5, holding a post of Administrator and benefiting from the measure in paragraph 5 shall receive after two years an additional increase in basic salary equivalent to the difference between the salary corresponding to grade AD 12, step 5, and grade AD 12, step 4. 7. By way of derogation from paragraph 5, the following provisions shall apply to officials in grade AD 12 holding a post of Administrator, who were recruited before 1 May 2004 and who have not been promoted between 1 May 2004 and 31 December 2013:
- (a) provided they satisfy the conditions laid down in the first paragraph of Article 44 , officials in step 8 shall, as from 1 January 2016, receive an increase in basic salary equivalent to the difference between the salary corresponding to grade AD 12, step 4, and grade AD 12, step 3.
(b) provided they benefit from the measure in point (a), officials in step 8 shall receive after two years an additional increase in basic salary equivalent to the difference between the salary corresponding to grade AD 12, step 5, and grade AD 12, step 4.
8. Provided they satisfy the conditions laid down in the first paragraph of Article 44 , officials in grade AD 13, step 5, holding a post of Administrator in transition shall, as from 1 January 2016, receive an increase in basic salary equivalent to the difference between the salary corresponding to grade AD 13, step 4, and grade AD 13, step 3. 9. Provided they satisfy the conditions laid down in the first paragraph of Article 44 , officials in grade AD 13, step 5, holding a post of Administrator in transition and benefiting from the measure in paragraph 8 shall receive after two years an additional increase in basic salary equivalent to the difference between the salary corresponding to grade AD 13, step 5, and grade AD 13, step 4. 10. Officials receiving the increase in basic salary provided for in paragraphs 5 to 9 and subsequently appointed Head of unit or equivalent or Adviser or equivalent in the same grade shall keep such increase in basic salary. 11. By way of derogation from the first sentence of Article 46 , officials appointed to the next higher grade and benefiting from the increase in basic salary provided for in paragraphs 5, 6, 8 and 9 shall be placed in the second step of that grade. They shall lose the benefit of the increase of basic salary provided for in paragraphs 5, 6, 8 and 9. 12. The increase of basic salary in paragraph 7 shall not be paid after promotion and shall not be included in the basis used for determining the increase in basic monthly salary referred to in Article 7 (5) of this Annex.
Article 31
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1. By way of derogation from Annex I, Section A, point 2, the following table of types of posts in function group AST shall apply to officials in service on 31 December 2013:
| Senior Assistant in transition | AST 10 – AST 11 |
|---|---|
| Assistant in transition | AST 1 – AST 9 |
| Administrative Assistant in transition | AST 1 – AST 7 |
| Support Agent in transition | AST 1 – AST 5 |
2. With effect from 1 January 2014, the appointing authority shall classify officials in service on 31 December 2013 in function group AST in types of posts as follows:
- (a) Officials who were in grade AST 10 or AST 11 on 31 December 2013 shall be assigned to the type of post Senior Assistant in transition.
(b) Officials not covered by point (a) who were before 1 May 2004 in the former category B or who were before 1 May 2004 in the former category C or D and have become a member of function group AST without restriction, as well as AST officials recruited since 1 May 2004, shall be assigned to the type of post Assistant in transition.
(c) Officials not covered by points (a) and (b) who were before 1 May 2004 in the former category C shall be assigned to the type of post Administrative Assistant in transition.
(d) Officials not covered by points (a) and (b) who were before 1 May 2004 in the former category D shall be assigned to the type of post Support Agent in transition.
3. The assignment to a type of post shall be valid until the official is assigned to a new function corresponding to another type of post. Administrative Assistants in transition and Support Agents in transition may be assigned to the type of post of Assistant as defined in Annex I, Section A, only in accordance with the procedure laid down in Articles 4 and 29(1) of the Staff Regulations. Promotion shall only be allowed within the career streams corresponding to each type of post indicated in paragraph 1. 4. By way of derogation from Article 6 (1) of the Staff Regulations and from Annex I, Section B, the number of vacant positions in the next higher grade required for promotion purposes shall be calculated separately for Support Agents in transition. The following multiplication rates shall apply:
| Grade | |
| Support Agents in transition | 5 |
| 4 | |
| 3 |
As far as Support Agents in transition are concerned, comparative merits for the purposes of promotion (Article 45 (1) of the Staff Regulations) shall be considered between eligible officials of the same grade and classification. 5. Administrative Assistants in transition and Support Agents in transition who were before 1 May 2004 in the former category C or D shall continue to be entitled either to compensatory leave or to remuneration, where the requirements of the service do not allow compensatory leave during the two months following that in which the overtime was worked, as provided for in Annex VI. 6. Officials who were authorised, on the basis of point (g) of Article 55a (2) of the Staff Regulations and Article 4 of Annex IVa to the Staff Regulations, to work part-time for a period starting before 1 January 2014 and extending beyond that date may continue to work part-time under the same conditions for a maximum overall period of five years. 7. For officials whose pensionable age under Article 22 of this Annex is less than 65 years, the period of three years referred to in point (g) of Article 55a (2) of the Staff Regulations may exceed their pensionable age, without however exceeding the age of 65 years.
Article 32
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By way of derogation from the first sentence of the fourth paragraph of Article 1 of Annex II to the Staff Regulations, the representation of the function group AST/SC need not be ensured in the Staff Committee until the next elections of a new Staff Committee at which the AST/SC staff can be represented.
Article 33
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By way of derogation from Article 40 (2) of the Staff Regulations, when an official has, on 31 December 2013, been on leave on personal grounds for more than 10 years over the entire career, the total length of leave on personal grounds may not exceed 15 years in the course of the official's entire career.
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