5.4.2007 Official Journal of the European Union L 9521 II (Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory) DECISIONS COUNCIL COUNCIL DECISION of 29 January 2007 amending Decision 2004/676/EC concerning the Staff Regulations of the European Defence Agency (2007/215[EC) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Council Joint Action 2004/551/CFSP of 12 July 2004 on the establishment of the European Defence Agency (1), and in particular Article 11(3)(3.1.) thereof, Having regard to the Council Decision 2004/676/EC of 24 September 2004 concerning the Staff Regulations of the European Defence Agency (3), and in particular Article 170(2) thereof, Having regard to the proposal from the Steering Board of the European Defence Agency, Whereas: (1) In order to ensure a more harmonised approach to human resources in a European civil service, it is appro- priate to align provisions of the Staff Regulations of the European Defence Agency with equivalent provisions of the Staff Regulations of officials of the European Communities and the Conditions of Employment of other servants of the European Communities, in particular as regards provisions concerning resettlement allowance, severance grant, dependent child allowance, respect of principle of non-discrimination and benefits for agents appointed head of unit, director or director- general. For the same reason, it is necessary to take into account the experience acquired in the application of those provisions of the Staff Regulations of officials of the European Communities and the Conditions of Employment of other servants of the European Commu- nities. () O] L 245, 17.7.2004, p. 17. () O] L 310, 7.10.2004, p. 9. () It is appropriate to proceed to the alignment of provisions of the Staff Regulations of the European Defence Agency with equivalent provisions of the Staff Regulations of officials of the European Communities and the Conditions of Employment of other servants, whilst respecting the acquired rights of the staff of the European Defence Agency before the entry into force of these amendments and taking account of their legitimate expectations. (3)  Since the initial adoption of the Staff Regulations of the European Defence Agency in 2004, several inconsis- tencies have been discovered in the text. It is necessary to correct them. (4 The Staff Regulations of the European Defence Agency, laid down in Decision 2004/676/EC, should therefore be amended accordingly, HAS DECIDED AS FOLLOWS: Article 1 Decision 2004/676/EC is hereby amended as follows: 1. in Article 5(4), the first subparagraph is replaced by the following: ‘4. For the purposes of paragraph 1, a person has a disability if he has a physical or mental impairment that is, or is likely to be, permanent. The impairment shall be determined according to the procedure set out in Article 37.;