Council Regulation (EC) No 160/2009 of 23 February 2009 amending the Conditions of Employment of Other Servants of the European Communities

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27.2.2009 Official Journal of the European Union L 55/1

I

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

REGULATIONS

COUNCIL REGULATION (EC) No 160/2009

of 23 February 2009

amending the Conditions of Employment of Other Servants of the European Communities

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 283 thereof,

Having regard to the Protocol on the Privileges and Immunities of the European Communities, and in particular Article 13 thereof,

Having regard to the proposal presented by the Commission after consulting the Staff Regulations Committee,

Having regard to the opinion of the European Parliament (1),

Having regard to the opinion of the Court of Justice,

Having regard to the opinion of the opinion of the Court of Auditors,

Whereas:

(1) In accordance with Article 21 of Decision 2005/684/EC, Euratom of the European Parliament of 28 September 2005 adopting the Statute for Members of the European Parliament (2), Members are entitled to assistance from personal staff whom they may freely choose.

(2) At present, Members of the European Parliament employ all their staff directly under contracts subject to national law, while recovering the costs incurred from the European Parliament, subject to a fixed maximum amount.

(3) On 9 July 2008, the Bureau of the European Parliament adopted implementing measures for the Statute for Members of the European Parliament. Pursuant to Article 34 of those implementing measures, Members shall make use of:

(a) 'accredited parliamentary assistants', employed at one of the European Parliament's three places of work under the specific legal arrangements adopted on the basis of Article 283 of the Treaty and whose contracts are concluded and administered directly by the European Parliament, and

(b) natural persons who are to assist Members in their Member States of election and who have concluded an employment or service contract with them in keeping with applicable national law, in accordance with the conditions laid down in the aforementioned implementing measures, hereinafter referred to as 'local assistants'.

(4) In contrast to local assistants, accredited parliamentary assistants are, as a general rule, expatriates. They work in the premises of the European Parliament in a European, multilingual and multicultural environment and undertake tasks which are directly linked to the work carried out by one or several Members of the European Parliament in the exercise of their functions as Members of the European Parliament.

(1) Opinion of 16 December 2008 (not yet published in the Official

Journal).

(2) OJ L 262, 7.10.2005, p. 1.

L 55/2 Official Journal of the European Union 27.2.2009

(5) For these reasons, and with a view to ensuring transparency and legal certainty through common rules, it is appropriate to provide for accredited parliamentary assistants to be employed by way of direct contracts with the European Parliament. However, local assistants, including those working for Members elected in one of the Member States in which the European Parliament's three places of work are located, should continue to be employed, in accordance with the implementing measures for the Statute for Members of the European Parliament, by Members of the European Parliament under contracts concluded under the applicable national law in the Member State in which they are elected.

(6) It is therefore appropriate for accredited parliamentary assistants to be subject to the Conditions of employment of other servants of the European Communities, laid down by Regulation (EEC, Euratom, ECSC) No 259/68 of the Council (1) in such a way as to take account of their particular circumstances, the particular tasks they are called on to perform and the specific duties and obligations they have to fulfil vis-à-vis the Members of the European Parliament for whom they are called on to work.

(7) The introduction of this specific category of servants does not affect Article 29 of the Staff Regulations of Officials of the European Communities, laid down by Regulation (EEC, Euratom, ECSC) No 259/68, hereinafter referred to as the 'Staff Regulations', which provides that internal competitions are only open to officials and temporary staff, and no provision of this Regulation may be construed as giving accredited parliamentary assistants privileged or direct access to posts of officials or other categories of servants of the European Communities or to internal competitions for such posts.

(8) As is the case for contract staff, Articles 27 to 34 of the Staff Regulations should not apply to accredited parliamentary assistants.

(9) Accredited parliamentary assistants should thus...

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