Legal provisions of COM(2004)253-1 - Rates and conditions of the special allowances provided for in Article 56c of the Staff Regulations which may be granted to compensate for particularly arduous working conditions

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Article 1

Special allowances determined in accordance with the following Articles shall be granted to officials called upon to do particularly arduous work.

Article 2

The allowances shall be expressed in points. One point shall be equal to 0,032% of the basic salary of an official in grade 1, step 1 1. The allowances shall be adjusted by the correction coefficients applicable to the remuneration of officials.

The allowances shall be paid monthly.

Article 3

1. The following table lists the special working conditions in which allowances may be granted and the number of points per hour of actual work:

For the period from 1 May 2004 to 30 April 2006: Grade D*1, step 1.

Special working conditionsNumber of points per hour of actual work for function groups AD and AST 1
I. Safety of the individual
(a)Wearing of particularly uncomfortable clothing for protection against fire, contamination, radiation or corrosive substances:
1.Special heavy clothing10
2.Self-contained protective suits against fire50
3.Other self-contained protective suits34
4.Protective clothing with self-contained breathing apparatus25
5.Other protective clothing with breathing apparatus20
(b)Partial protection:
1.Self-contained breathing apparatus16
2.Complete respirators10
3.Anti-dust respirators6
4.Other protective apparatus against toxic, asphyxiating, corrosive substances, etc.2
5.Glove-boxes and remote handling devices2
II. Place of work
(a)Confined
Work in confined spaces, without daylight, which are crossed by high-tension cables or by high-temperature pipework and which are so cluttered as to make it difficult to move about2
(b)Noisy
Work in spaces with an average sound volume exceeding 85 decibels2
(c)Dangerous sites necessitating the use of onerous protective appliances
1.Underground passages2
2. Places where work is carried out at more than 6 metres above the ground

involving exceptional risks
5
In these cases the allowance shall be granted by decision of the appointing authority after consulting, where appropriate, a joint committee.
III. Nature of work
(a)Handling or working with certain substances in conditions which make the work arduous (see list in Annex)2
(b)Work with explosives as a certified explosives expert5

For the period from 1 May 2004 to 30 April 2006: categories A*, B*, C*, D*.

2. In order to make constant supervision possible, work performed under the conditions defined in paragraph 1 must be recorded promptly and in chronological order. The record must detail the work performed by reference to the above table.

The appointing authority shall lay down the procedure for carrying out the supervision; where the number of hours of work in question can be taken as being the same every month the appointing authority may dispense with the record.

Article 4

The allowances for work performed under the conditions defined in item I of the table in Article 3 may not be aggregated; nor may those provided for in items II and III of that table.

The allowances for work performed under the conditions defined in items I and III of that table may also not be aggregated.

For the purposes of applying the above paragraphs, where more than one allowance would be due at the same time the highest allowance only shall be paid.

Article 5

Subject to the application of Article 2 of Regulation (ECSC, EEC, Euratom) No 300/76 determining the categories of officials entitled to allowances for shiftwork, and the rates and conditions thereof 1, the allowances paid under this Regulation shall not exceed 1 500 points per official per month.

OJ L 38, 13.2.1976, p. 1. Regulation as last amended by Regulation (EC, Euratom) No .../2004 (OJ L ...).

Article 6

This Regulation shall apply by analogy to temporary, auxiliary and contract staff.

Article 7

In April each year the Commission shall submit to the Council a report on:

- the number of officials and servants in each category who received the allowances referred to in this Regulation, broken down by institution and location, and the number of hours worked under the various conditions set out in the table in Article 3,

- the total expenditure relating to these allowances.

Article 8

Regulation (EEC) No 1799/72 1 is hereby repealed on the day on which this Regulation enters into force.

OJ L 192, 22.8.1972, p. 1.

Article 9

This Regulation shall enter into force on 1 May 2004.

This Regulation shall be binding in its entirety and directly applicable in all Member States.