Issue No. 4, 22 May 2008
Read the proposed revision of the Agreement
Read the FAQ n°1
Read the FAQ n°2
Read the FAQ n°3
1. Q: In FAQ 2 the last question asked what would happen if the sector voted No. You referred in your answer to the possibility of there being no Agreement, but I didn't quite follow why any payments would then attract national tax. Can you elaborate?
2. Q: Are all these FAQ and the Delegations' replies binding on the Institutions?
3. Q: Is the proposed semi-flexible ticket a ticket that can be changed as well as reimbursed?
4. Q: If I buy my ticket 6 days before the start of my assignment though I was recruited 3 or 4 weeks earlier will I be reimbursed if only a fully-flexible ticket is available at that stage?
5. Q: Does the ticket need to contain an indication that it is semi-flexible?
6. Q: What if the most direct route is not the most cost-efficient? Can I be expected to fly via a hub instead? And if I chose to do so anyway, would I be reimbursed?
7. Q: Suppose I have a contract with one of the Institutions and buy a semi-flexible air ticket, as required. There is a penalty for changing the time and date of the flights (say EUR 50 for each leg) as well as a penalty for returning the ticket (say EUR 100). Then it turns out that I have to cancel the contract (I fall ill, have a family emergency, etc). Are the penalties my own risk then? In other words, do I have to pay the 2 times EUR 50 for changing the ticket or the EUR 100 for returning it if I have no contracts with the Institution(s) in the foreseeable future?
1. Q: In FAQ 2 the last question asked what would happen if the sector voted No. You referred in your answer to the possibility of there being no Agreement, but I didn't quite follow why any payments would then attract national tax. Can you elaborate?
A: The text of Article 90 of the Conditions of Employment of Other Servants (CEOS) in the Staff Regulations says:
" By way of derogation from the provision of this title, conference interpreters engaged by the European Parliament or engaged by the Commission on behalf of the Community institutions and bodies shall be subject to the conditions laid down in the Agreement of 28 July 1999 between the European Parliament, the Commission and the Court of Justice, on behalf of the institutions, on the one hand, and the associations representing the profession, on the other."
(FR : « Par dérogation aux dispositions du présent titre, les interprètes de conférence engagés par le Parlement européen ou engagés par la Commission pour le compte des institutions et organismes communautaires sont soumis aux conditions prévues dans la convention du 28 juillet 1999 conclu entre le Parlement européen, la Commission et la Cour de justice, agissant au nom des institutions, d'une part, et les associations représentatives de la profession, d'autre part. » (Article 90, Régime applicable aux autres agents (RAAA) du Statut)).
The text of article 90 refers to the Agreement. The Agreement, in article 8, says that ACI remuneration is subject to Community tax and exempt from national tax. This means that if there is no longer any Agreement, (see FAQ 2), article 90, though it would remain in the text of the CEOS, would become an empty shell, voided of its purpose, and so ACI remuneration would no longer be subject to Community tax and would attract national tax.
2. Q: Are all these FAQ and the Delegations' replies binding on the Institutions?
A: The idea of the FAQ was suggested by colleagues and the Delegation acted on the suggestion as the best way of sharing information and explanations with the largest possible number of people. They were never intended to be a substitute for the text of the proposed revision, which, if adopted, would be the legally-binding instrument.
You are urged to read and become familiar with the proposed revision itself as well.
If adopted, the Negotiating Delegation, with the Professional Delegations at the EP, the Commission and in Luxembourg depending on the Institution, would, as is the case in all AIIC sectors, see to its correct implementation.
3. Q: Is the proposed semi-flexible ticket a ticket that can be changed as well as reimbursed?
A: The text provides for a ticket that is
- IATA
- Reimbursable
- Changeable on payment of a penalty.
These three criteria are cumulative and tickets should meet all three.
4. Q: If I buy my ticket 6 days before the start of my assignment though I was recruited 3 or 4 weeks earlier will I be reimbursed if only a fully-flexible ticket is available at that stage?
A: There is no lead time for ticket purchase in the proposed revision. However, we would like to reiterate the following:
- automatic reimbursement of a "semi-flexible" ticket
- automatic reimbursement of a higher category ticket in the cases mentioned in art. 10 of the Rules for implementing certain provisions of the Agreement
- reimbursement of the higher category ticket on submission of all useful supporting evidence (see FAQ no. 3).
5. Q: Does the ticket need to contain an indication that it is semi-flexible?
A: You can always print out the conditions and attach them when submitting your payment claim.
6. Q: What if the most direct route is not the most cost-efficient? Can I be expected to fly via a hub instead? And if I chose to do so anyway, would I be reimbursed?
A: As the text says:
"The ACI determines the route and time of the journeys for the performance of contracts concluded with one or more institutions, reimbursement of travel expenses and payment of any allowances which may be due being limited, except in cases of force majeure, to the most direct route and the transport means offering the best cost/efficiency ratio".
In other words, you cannot be expected to fly via a hub in order to save costs if there is a direct flight available.
7. Q: Suppose I have a contract with one of the Institutions and buy a semi-flexible air ticket, as required. There is a penalty for changing the time and date of the flights (say EUR 50 for each leg) as well as a penalty for returning the ticket (say EUR 100). Then it turns out that I have to cancel the contract (I fall ill, have a family emergency, etc). Are the penalties my own risk then? In other words, do I have to pay the 2 times EUR 50 for changing the ticket or the EUR 100 for returning it if I have no contracts with the Institution(s) in the foreseeable future?
A: As the text says:
"The institutions reimburse all costs resulting from a change of programme and/or of contract, and/or a contract cancellation which they have instigated, and all costs resulting from force majeure and ACI illness. This will also apply in the event of death and illness of an ACI's relative, in accordance with the rules applicable to officials of the institutions."
For your information, those rules stipulate "...certified serious illness... of an official's spouse, relative in the ascending line, relative in the descending line, brother or sister..."

