COUNCIL REGULATION (EC, EURATOM, ECSC) No 2356/95 of 5 October 1995 laying down the weightings applicable from 1 January 1994 to the remuneration of officials of the European Communities serving in third countries

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing a Single Council and a Single Commission of the European Communities,

Having regard to the Staff Regulations of officials of the European Communities and the conditions of employment of other servants of the Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68 (1), as last amended by Regulation (ECSC, EC, Euratom) No 3161/94 (2) and in particular the first paragraph of Article 13 of Annex X,

Having regard to the proposal from the Commission,

Whereas account should be taken of changes in the cost of living in countries outside the Community and weightings applicable to remuneration payable in the currency of the country of employment to officials serving in third countries should be determined with effect from 1 January 1994;

Whereas, under Annex X of the Staff Regulations, the Council sets the weightings every six months; whereas it will accordingly have to set new weightings for the coming half-years, and, in particular, those applicable from 1 July 1995;

Whereas the weightings to apply with effect from 1 July 1995 in respect of which payment has been made on the basis of a previous regulation could lead to retrospective adjustments to remuneration (positive or negative);

Whereas provision should be made for back-payments in the event of an increase in remunerations as a result of these weightings;

Whereas provision should be made for the recovery of sums overpaid in the event of a reduction in remunerations as a result of these weightings for the period between 1 July 1995 and the date of the Council Decision setting the weightings to apply with effect from 1 July 1995;

Whereas, however, in order to mirror the weightings applicable within the Community to remuneration and pensions of officials and other servants of the European Communities, provision should be made for any such recovery to apply solely to a period of no more than six months preceding the decision and for its effects to be spread over a period of no more than 12 months following the date of that decision,

HAS ADOPTED THIS REGULATION:

Article 1

With effect from 1 January 1994, the weightings applicable to remuneration payable in the currency of the country of employment shall be as shown in the Annex.

The exchange rates for the payment of such remuneration shall be those used for implementation of the general budget of the European Communities for the month preceding the date referred to in the first paragraph.

Article 2

In accordance with the first paragraph of Article 13 of Annex X of the Staff Regulations, the Council shall set weightings every six months. It shall accordingly set new weightings with retrospective effect from 1 July 1994, 1 January 1995 and 1 July 1995 respectively.

The institutions shall make back-payments in the event of an increase in remuneration as a result of these weightings.

For the period between 1 July 1995 and the date of the Council Decision setting the weightings applicable with effect from 1 July 1995, the institutions shall make retrospective downward adjustments to remuneration in the event of a reduction as a result of these weightings.

Retrospective adjustments involving the recovery of sums overpaid shall, however, concern only a period of no more than six months preceding the decision and this recovery shall be spread over no more than 12 months from the date of that decision.

Article 3

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.

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

Done at Luxembourg, 5 October 1995.

For the Council The President C. ALBERDI ALONSO

ANNEX

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