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Council Decision (EU) 2016/1351Show full title

Council Decision (EU) 2016/1351 of 4 August 2016 concerning the Staff Regulations of the European Defence Agency, and repealing Decision 2004/676/EC

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  1. Introductory Text

  2. TITLE I GENERAL PROVISIONS

    1. Article 1.(1) These Staff Regulations shall apply to staff engaged under...

    2. Article 2.A staff member whose contract is for more than one...

  3. TITLE II TEMPORARY STAFF

    1. CHAPTER 1 General provisions

      1. Article 3.For the purposes of these Staff Regulations, ‘temporary staff’ means...

      2. Article 4.With the exception of the Chief Executive and the Deputy...

      3. Article 5.Temporary staff shall not be engaged for any purpose other...

      4. Article 6.(1) In the application of these Staff Regulations, any discrimination...

      5. Article 7.(1) Members of temporary staff in active employment shall have...

      6. Article 8.(1) The posts covered by these Staff Regulations shall be...

      7. Article 9.(1) The AACC shall, acting solely in the interests of...

      8. Article 10.(1) The grade and step at which temporary staff are...

    2. CHAPTER 2 Rights and obligations

      1. Article 11.(1) A member of temporary staff shall carry out his...

      2. Article 12.(1) A member of temporary staff shall not, in the...

      3. Article 13.A member of temporary staff shall refrain from any action...

      4. Article 14.(1) Members of temporary staff shall refrain from any form...

      5. Article 15.(1) Subject to Article 17, a member of temporary staff wishing...

      6. Article 16.If the spouse of member of temporary staff is in...

      7. Article 17.(1) A member of temporary staff who intends to stand...

      8. Article 18.A member of temporary staff shall, after leaving the service,...

      9. Article 19.(1) A member of temporary staff shall refrain from any...

      10. Article 20.(1) A member of temporary staff has the right to...

      11. Article 21.(1) All rights in any writings or other work done...

      12. Article 22.(1) A member of temporary staff shall not, without permission...

      13. Article 23.A member of temporary staff shall reside either in the...

      14. Article 24.A member of temporary staff, whatever his rank, shall assist...

      15. Article 25.(1) A member of temporary staff who receives orders which...

      16. Article 26.A member of temporary staff may be required to make...

      17. Article 27.(1) Any member of temporary staff who, in the course...

      18. Article 28.(1) A member of temporary staff who further discloses information...

      19. Article 29.The Agency shall assist any member of temporary staff, in...

      20. Article 30.The Agency shall facilitate such further training and instruction for...

      21. Article 31.Members of temporary staff shall be entitled to exercise the...

      22. Article 32.Members of temporary staff may submit requests concerning issues covered...

      23. Article 33.The personal file of a member of temporary staff shall...

      24. Article 34.Members of temporary staff shall have the right to acquaint...

      25. Article 35.Any decision requiring damage suffered by the Agency as a...

      26. Article 36.The privileges and immunities enjoyed by members of the temporary...

    3. CHAPTER 3 Conditions of engagement

      1. Article 37.(1) The engagement of temporary staff shall be directed to...

      2. Article 38.Before being engaged, a member of the temporary staff shall...

      3. Article 39.(1) A member of the temporary staff may be required...

      4. Article 40.(1) A member of temporary staff shall be recruited at...

      5. Article 41.The ability, efficiency and conduct in the service of each...

    4. CHAPTER 4 Working conditions

      1. Section A Parental or family leave

        1. Article 42.A member of temporary staff shall be entitled to up...

        2. Article 43.In the case of medically certified serious illness or disability...

      2. Section B Hours of work

        1. Article 44.(1) Members of temporary staff in active employment shall at...

        2. Article 45.(1) A member of temporary staff may request authorisation to...

        3. Article 46.A member of temporary staff may request authorisation to work...

        4. Article 47.A member of temporary staff may not be required to...

        5. Article 48.A member of temporary staff who is expected to work...

        6. Article 49.A member of temporary staff shall be entitled to special...

        7. Article 50.Special allowances may be granted to certain members of temporary...

      3. Section C Leave

        1. Article 51.Members of temporary staff shall be entitled to annual leave...

        2. Article 52.Pregnant women shall, in addition to the leave provided for...

        3. Article 53.(1) A member of temporary staff who provides evidence of...

        4. Article 54.The annual leave of a member of temporary staff who...

        5. Article 55.Except in case of sickness or accident, a member of...

      4. Section D Public holidays

        1. Article 56.A list of public holidays shall be drawn up by...

        2. Article 57.In exceptional circumstances a member of the temporary staff may...

        3. Article 58.A member of the temporary staff who is called up...

    5. CHAPTER 5 Remuneration and expenses

      1. Article 59.The remuneration of temporary staff shall comprise basic salary, family...

      2. Article 60.(1) The remuneration of members of the temporary staff shall...

      3. Article 61.The payment of family allowances and expatriation allowance shall be...

      4. Article 62.Subject to Articles 63 to 66, a member of the temporary staff...

      5. Article 63.A member of the temporary staff engaged for a period...

      6. Article 64.(1) A member of the temporary staff engaged for a...

      7. Article 65.The daily subsistence allowance shall be as set out in...

      8. Article 66.Article 8 of Annex IV on annual payment of travel expenses...

      9. Article 67.Payment of sums due shall be as set out in...

    6. CHAPTER 6 Social security benefits

      1. Section A Sickness and accident insurance, social security benefits

        1. Article 68.A member of temporary staff during the period of employment,...

        2. Article 69.A member of temporary staff, during the period of employment,...

        3. Article 70.(1) Contributions of the temporary staff and of the Agency...

        4. Article 71.(1) A former member of the temporary staff who is...

        5. Article 72.(1) On the birth of a child to a member...

        6. Article 73.In the event of the death of a member of...

        7. Article 74.Gifts, loans or advances may be made to temporary staff...

      2. Section B Insurance against invalidity and death

        1. Article 75.Temporary staff members are insured in accordance with the following...

        2. Article 76.Where the medical examination made before a member of the...

        3. Article 77.(1) A member of the temporary staff who is suffering...

        4. Article 78.(1) Invalidity shall be established by the Invalidity Committee referred...

        5. Article 79.The persons entitled under a deceased member of the temporary...

        6. Article 80.The right to receive payment of pension shall have effect...

        7. Article 81.The surviving spouse of a member of the temporary staff...

        8. Article 82.Where a member of temporary staff or person entitled to...

        9. Article 83.In the case of divorce or where there is more...

        10. Article 84.(1) Notwithstanding any other provisions, notably those concerning the minimum...

        11. Article 85.(1) The pensions provided for in these Staff Regulations shall...

      3. Section C Severance grant

        1. Article 86.On leaving the service, a member of temporary staff shall...

        2. Article 87.Where a member of the temporary staff has exercised the...

        3. Article 88.(1) The rate for the calculation of compound interest shall...

      4. Section D Funding of the invalidity and life assurance scheme and of the pension scheme

        1. Article 89.(1) Benefits paid under the social security scheme provided for...

        2. Article 90.Members of temporary staff shall contribute one third of the...

        3. Article 91.In accordance with conditions to be laid down by the...

      5. Section E Settlements of claims by temporary staff

        1. Article 92.The invalidity scheme or the survivor's pension scheme are set...

      6. Section F Payment of benefits

        1. Article 93.(1) Payment of benefits shall be made in accordance with...

      7. Section G Subrogation in favour of the agency

        1. Article 94.(1) Where the death, accidental injury or sickness of a...

    7. CHAPTER 7 Recovery of overpayments

      1. Article 95.Any sum overpaid shall be recovered if the recipient was...

    8. CHAPTER 8 Termination of employment

      1. Article 96.Apart from cessation on death, the employment of temporary staff...

      2. Article 97.Employment may be terminated by the Agency without notice: during...

      3. Article 98.(1) After the disciplinary procedure provided for in Title V...

      4. Article 99.(1) The employment of a member of the temporary staff...

      5. Article 100.Without prejudice to Articles 98 and 99, any intentional or negligent failure...

  4. TITLE III CONTRACT STAFF

    1. CHAPTER 1 General provisions

      1. Article 101.For the purposes of these Staff Regulations, ‘contract staff’ means...

      2. Article 102.(1) Contract staff shall be paid from the total appropriations...

      3. Article 103.(1) Contract staff shall be divided into four function groups...

    2. CHAPTER 2 Rights and obligations

      1. Article 104.Articles 11 to 35 shall apply by analogy.

    3. CHAPTER 3 Conditions of engagement

      1. Article 105.(1) Contract staff shall be selected on the broadest possible...

      2. Article 106.Before being engaged, a member of the contract staff shall...

      3. Article 107.(1) A member of the contract staff whose contract is...

      4. Article 108.The contracts of contract staff may be concluded for a...

      5. Article 109.(1) Contract staff shall only be recruited:

      6. Article 110.(1) The first paragraph of Article 41 shall apply by analogy...

    4. CHAPTER 4 Working conditions

      1. Article 111.Articles 42 to 58 shall apply by analogy. Overtime worked by contract...

    5. CHAPTER 5 Remuneration and expenses

      1. Article 112.Articles 59 to 67 shall apply by analogy, subject to the amendments...

      2. Article 113.The scale of basic salaries shall be determined according to...

      3. Article 114.Notwithstanding Article 64(3), the installation allowance provided for in paragraph 1 and...

    6. CHAPTER 6

      1. Section A Social security benefits

        1. Article 115.Articles 68 to 70 shall apply by analogy. However, Article 68(4) and (5)...

        2. Article 116.(1) A former member of the contract staff who becomes...

        3. Article 117.Articles 72 and 73 shall apply by analogy.

        4. Article 118.Gifts, loans or advances may be made to contract staff...

      2. Section B Insurance against the risk of invalidity and death

        1. Article 119.Contract staff shall be insured in accordance with the following...

        2. Article 120.Where the medical examination made before a member of the...

        3. Article 121.(1) A member of the contract staff who is suffering...

        4. Article 122.(1) Invalidity shall be established by the Invalidity Committee provided...

        5. Article 123.(1) The persons entitled under a deceased contract staff member,...

        6. Article 124.The right to receive payment of pension shall have effect...

        7. Article 125.The surviving spouse of a contract staff member shall be...

        8. Article 126.(1) Where a member of contract staff or a former...

        9. Article 127.In the case of divorce or where there is more...

        10. Article 128.Articles 84 and 85 shall apply by analogy.

      3. Section C Severance grant

        1. Article 129.On leaving the service, a member of contract staff shall...

        2. Article 130.(1) Where a member of the contract staff has exercised...

      4. Section D Funding of the invalidity and life assurance scheme and of the pension scheme

        1. Article 131.Articles 89 and 90 shall apply by analogy.

        2. Article 132.In accordance with conditions to be laid down by the...

      5. Section E Settlements of claims by contract staff

        1. Article 133.The invalidity scheme or the survivor's pension scheme are set...

      6. Section F Payment of benefits

        1. Article 134.(1) Articles 84 and 85 shall apply by analogy, as well as...

      7. Section G Subrogation in favour of the agency

        1. Article 135.The provisions of Article 94 shall apply by analogy in favour...

    7. CHAPTER 7 Recovery of undue payment

      1. Article 136.The provisions of Article 95 shall apply by analogy.

    8. CHAPTER 8 Termination of employment

      1. Article 137.Articles 96 to 100 shall apply by analogy to contract staff. In...

  5. TITLE IV STAFF REPRESENTATION

    1. Article 138.(1) A Staff Committee shall be formed according to modalities...

  6. TITLE V DISCIPLINARY PROCEDURE

    1. Section A General provisions

      1. Article 139.(1) Any failure by a staff member or former staff...

      2. Article 140.(1) Whenever an internal investigation reveals the possibility of the...

      3. Article 141.On the basis of the investigation report, after having notified...

      4. Article 142.A staff member who, for objective reasons, cannot be heard...

    2. Section B Disciplinary board

      1. Article 143.(1) A Disciplinary Board shall be established in the Agency....

      2. Article 144.(1) The AACC and the Staff Committee referred to in...

      3. Article 145.The Disciplinary Board shall be assisted by a secretary appointed...

      4. Article 146.(1) The chairman and members of the Disciplinary Board shall...

    3. Section C Disciplinary measures

      1. Article 147.(1) The AACC may impose one of the following penalties:...

      2. Article 148.The severity of the disciplinary penalties imposed shall be commensurate...

    4. Section D Disciplinary proceedings not involving the disciplinary board

      1. Article 149.The AACC may decide on the penalty of a written...

    5. Section E Disciplinary proceedings before the disciplinary board

      1. Article 150.(1) The AACC shall submit a report to the Disciplinary...

      2. Article 151.(1) On receipt of the report, the staff member concerned...

      3. Article 152.(1) If, in the presence of the Chairman of the...

      4. Article 153.Before the first meeting of the Disciplinary Board, the chairman...

      5. Article 154.(1) The staff member concerned shall be heard by the...

      6. Article 155.(1) If the Disciplinary Board does not consider that it...

      7. Article 156.After consideration of documents submitted and having regard to any...

      8. Article 157.(1) The Chairman of the Disciplinary Board shall not vote...

      9. Article 158.The secretary shall draw up minutes of meetings of the...

      10. Article 159.(1) Expenses incurred on the initiative of a staff member...

      11. Article 160.(1) After hearing the member of staff, the AACC shall...

    6. Section F Suspension

      1. Article 161.(1) If the AACC accuses a staff member of serious...

      2. Article 162.(1) The decision suspending a staff member shall state whether...

    7. Section G Parallel criminal prosecution

      1. Article 163.Where the member of staff is prosecuted for those same...

    8. Section H Final provisions

      1. Article 164.A staff member against whom a disciplinary penalty other than...

      2. Article 165.Where new facts supported by relevant evidence come to light,...

      3. Article 166.If no case has been made against the staff member...

      4. Article 167.The Steering Board shall adopt implementing arrangements for these procedures....

  7. TITLE VI APPEALS

    1. Article 168.(1) Any person to whom these Staff Regulations apply may...

    2. Article 169.(1) The Court of Justice of the European Union shall have...

  8. TITLE VII SPECIAL ADVISERS

    1. Article 170.(1) The remuneration of special advisers shall be determined by...

    2. Article 171.Articles 1(2), Articles 6, 11, 12, 13 and 14, the first paragraph...

    3. Article 172.(1) The provisions of these Staff Regulations concerning the rights...

    4. Article 173.Within three years after the entry into force of these...

    5. Article 174.Decision 2004/676/EC is hereby repealed.

    6. Article 175.This Decision shall take effect on the day of its...

  9. Signature

    1. ANNEX I

      PART-TIME WORK

      1. Article 1.The request for authorisation to work part-time shall be submitted...

      2. Article 2.The AACC may, at the request of the staff member...

      3. Article 3.A staff member shall be entitled, during the period for...

      4. Article 4.The AACC may lay down detailed rules for the application...

    2. ANNEX II

      LEAVE

      1. SECTION 1 Annual leave

        1. Article 1.In the year in which a staff member enters or...

        2. Article 2.Annual leave may be taken all at once or in...

        3. Article 3.If, during annual leave, a staff member contracts an illness...

        4. Article 4.Where a staff member, for reasons other than the requirements...

        5. Article 5.Where a staff member is recalled to duty for service...

      2. SECTION 2 Special leave

        1. Article 6.In addition to annual leave, a staff member may, on...

      3. SECTION 3 Travelling time

        1. Article 7.Staff members who are entitled to the expatriation or foreign...

    3. ANNEX III

      COMPENSATORY LEAVE AND REMUNERATION FOR OVERTIME

      1. Article 1.Within the limits laid down in Article 48, overtime worked by...

      2. Article 2.If a staff member is travelling on mission, the time...

      3. Article 3.Notwithstanding Articles 1 and 2, remuneration for overtime worked by certain groups...

    4. ANNEX IV

      REMUNERATION AND REIMBURSEMENT OF EXPENSES

      1. SECTION 1 Family allowances

        1. Article 1.(1) The household allowance shall be set at a basic...

        2. Article 2.(1) A staff member who has one or more dependent...

        3. Article 3.(1) Subject to the conditions laid down in the general...

      2. SECTION 2 Expatriation allowance

        1. Article 4.(1) An expatriation allowance shall be paid, equal to 16 %...

      3. SECTION 3 Reimbursement of expenses

        1. A. INSTALLATION ALLOWANCE

          1. Article 5.(1) An installation allowance equal to two months' basic salary...

        2. B. RESETTLEMENT ALLOWANCE

          1. Article 6.(1) An established staff member who provides evidence of a...

        3. C. TRAVEL EXPENSES

          1. Article 7.(1) A staff member shall be entitled to a flat-rate...

          2. Article 8.(1) Staff members entitled to the expatriation or foreign residence...

        4. D. REMOVAL EXPENSES

          1. Article 9.(1) Within the limits of cost ceilings, staff members obliged...

        5. E. DAILY SUBSISTENCE ALLOWANCE

          1. Article 10.(1) Where a staff member furnishes evidence that a change...

        6. F. MISSION EXPENSES

          1. Article 11.(1) A staff member travelling on mission and holding an...

          2. Article 12.(1.) Travel by rail Travel expenses for missions carried out...

          3. Article 13.(1) The daily subsistence allowance for missions shall comprise a...

          4. Article 14.Detailed rules for the application of Articles 11, 12 and 13 shall...

        7. G. FIXED REIMBURSEMENT OF EXPENSES

          1. Article 15.(1) Staff members who, by reason of their duties, regularly...

          2. Article 16.By decision of the AACC, senior management staff (Director-General or...

      4. SECTION 4 Payment of sums due

        1. Article 17.(1) Payment of remuneration to staff members shall be made...

        2. Article 18.(1) Payment shall be made to each staff member at...

    5. ANNEX V

      SEVERANCE GRANT AND PENSION

      1. CHAPTER 1 Severance grant

        1. Article 1.(1) A staff member whose service terminates otherwise than by...

      2. CHAPTER 2 Invalidity allowance

        1. Article 2.(1) Subject to the provisions of Article 76, a staff member...

        2. Article 3.While a former staff member drawing invalidity allowance is aged...

      3. CHAPTER 3 Survivor's pension

        1. Article 4.Where a staff member dies being on active employment, leave...

        2. Article 5.Where a former staff member was in receipt of invalidity...

        3. Article 6.For purpose of Articles 4 and 5, the duration of the marriage...

        4. Article 7.(1) The orphan's pension provided for in the first, second...

        5. Article 8.Where a staff member leaves a surviving spouse and also...

        6. Article 9.The right to receive payment of survivor's pension shall have...

        7. Article 10.Where the difference in age between the deceased staff member...

        8. Article 11.A surviving spouse's entitlement to survivor's pension shall cease on...

        9. Article 12.The divorced spouse of a staff member or a former...

        10. Article 13.Where the deceased staff member leaves more than one divorced...

        11. Article 14.Where under Article 19 of this Annex the divorced spouse ceases...

      4. CHAPTER 4 Provisional pensions

        1. Article 15.The spouse or persons recognised as dependants of a staff...

        2. Article 16.The spouse or persons recognised as dependants of a former...

        3. Article 17.The provisions of Article 16 shall apply to persons recognised as...

        4. Article 18.Provisional pensions under Articles 15, 16 and 17 shall be converted into...

      5. CHAPTER 5 Pension increases in respect of dependent children

        1. Article 19.The provisions of the second paragraph of Article 81 of these...

        2. Article 20.The award of a survivor's pension or of an invalidity...

        3. Article 21.Salaries and invalidity allowances shall in all cases be subject...

        4. Article 22.Staff members on leave on personal grounds who are continuing...

        5. Article 23.Contributions properly deducted shall not be refunded. Contributions wrongly deducted...

      6. CHAPTER 6 Calculation of pension

        1. Article 24.The Agency shall be responsible for calculating the amount of...

        2. Article 25.The amount of pension may at any time be calculated...

        3. Article 26.Where a staff member or former staff member in receipt...

        4. Article 27.A former staff member or those entitled under him in...

        5. Article 28.Where a staff member has been temporarily deprived, in whole...

      7. CHAPTER 7 Payments of benefits

        1. Article 29.Benefits under this pension scheme shall be paid monthly in...

    6. ANNEX VI

      TYPES OF POSTS IN EACH FUNCTION GROUP, AS PROVIDED FOR IN ARTICLE 7(3)

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