Reform of Annex X
2013
The active attempt to
make the external service
of the European Union
unattractive
Ferdinand Kopp, SFE
28.11.2013
Part of the staff regulation reform
2013?
• Annex 10 as part of the staff regulations
• for EU staff in Delegations
• regulates the working conditions of EU staff in
EU Delegations:
– Annual leave
– Additional Rest leave for specific hardship posts
– Allowance for living conditions
– Remuneration, Weighting and equivalent
purchasing power irrespective of their place of
employment
• Accommodation for staff and family
• Supplementary sickness and accident
insurance
Applicable in analogy to all contract agents (Art. 118 of the CONDITIONS OF
EMPLOYMENT OF OTHER SERVANTS OF THE EUROPEAN UNION)
Purpose of Annex X
• Special and exceptional provisions applicable
to officials serving in a third country
• In order to take into account the specific
additional challenges and burdens at the place
of employments in the third country
• To attract qualified staff for the work outside
of the EU, often in difficult environment and
conditions
How and Why Changes ?
• How and why were the changes introduced at
the last moment ?
• What was the purpose?
• Did the Member States ask for the changes ?
• Need for changes?
ANNUAL LEAVE
• BEFORE :
3 ½ working days for each
month of service.
• AFTER :
of service.
2 working days for each month
= reduction of 43 %
= reduction of 43 %
Less time for administrate courses
Less time for medical visits
Less time for family visits
Less time for contacts in Brussels or place
of origin
Less time for relaxing
ALLOWANCE FOR LIVING CONDITIONS
BEFORE:
An allowance for living conditions shall be fixed,
according to the official's place of employment,
as a percentage of a reference amount.
• The parameters taken into account for fixing the allowance
for living conditions shall be the following:
• health and hospital environment,
• security,
• climate,
• to which three parameters shall be applied a weighting of
1:
• degree of isolation,
• other local conditions,
Each parameter shall have the following value:
• 0: where conditions are normal but not
equivalent to those normally obtaining in the
Community,
• 2: where conditions are difficult compared
with those normally obtaining in the
Community,
• 4: where conditions are very difficult
compared with those normally obtaining in
the Community.
• 10% where the value equals 0,
• 15% where the value is greater than 0 but not greater than 2,
• 20% where the value is greater than 2 but not greater than 5,
• 25% where the value is greater than 5 but not greater than 7,
• 30% where the value is greater than 7 but not greater than 9,
• 35% where the value is greater than 9, but not greater than 11,
• 40% where the value is greater than 11.
AFTER:
In the case of other places of employment, the
allowance for living conditions shall be fixed
taking into account, inter alia, the following
parameters:
•
•
•
•
•
health and hospital environment,
security,
climate,
degree of isolation,
other local living conditions,
• The allowance for living conditions fixed for
each place of employment shall be reviewed
and, where appropriate, adjusted each year by
the appointing authority after the opinion of
the Staff Committee has been obtained.
If personal risk, a temporary additional allowance shall
be paid to him by special reasoned decision of the
appointing authority:
• where the authority recommends to its staff not to
settle their families or other dependants in the place
of employment, provided that they follow that
recommendation;
• where the authority decides to reduce temporarily
the number of staff serving in the place of
employment.
• In duly justified cases, the appointing authority
may also determine that a post is a non-family
posting. The above-mentioned allowance shall be
paid to staff members who respect that
determination.
• Detailed provisions for the application of this
Article shall be decided by the appointing
authority.
ACCOMMODATION
BEFORE:
Where the official is not provided with
accommodation by the institution, his rent shall
be reimbursed, provided that the
accommodation corresponds to his duties and
to the composition of his dependent family.
= EEAS provides accommodation
AFTER:
On the basis of a list of countries to be defined
by the appointing authority, and where the
official is not provided with accommodation by
the institution, the appointing authority shall
either pay the official an accommodation
allowance or reimburse the rent paid by the
official.
= Official can rend himself and get certain
allowance or will be reimbursed corresponding
to the official's level of duties and composition
of family
Contract Agents in Delegation
- Same rules applicable for Contract Agents
- contracts are linked to their delegation
- Double affected because they have made the
choice to leave based on the package received at
the input under the old status / RAA. Now the
situation is different.
- the working conditions are degraded due to this
reform difficult for contract staff to return to their
country or to return to the EEAS or Commission.
Conclusions
The "reform" of Annex X is:
• Immature, as written with a fast pencil in a late
night
• Several principles of good administration and
staff law are neglected, e.g. predictability,
transparency, duty of care etc
• Not necessary
• A high risk for the attractively of the external
service of EU and the needed success under the
Lisbon Treaty
SFE fights for
• Better working environment in Delegations
• creating working conditions to attract
qualified staff as representatives of the
European idea in the world
• Promoting an attractive external service which
can fulfil the expectations of the Lisbon Treaty
• Protecting the interests of the staff abroad
and of their families
Thanks for your attention !