COUNCIL REGULATION (EC, ECSC, EURATOM) No 2762/98 of 17 December 1998 adjusting with effect from 1 July 1998 the remuneration and pensions of officials and other servants of the European Communities and the weightings applied thereto

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

Having regard to the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities laid down by Council Regulation (EEC, Euratom, ECSC) No 259/68 (1), as last amended by Regulation (EC, ECSC, Euratom) No 2594/98 (2) and in particular Articles 63, 64, 65, 65a and 82 of the Staff Regulations, Annex XI to the Staff Regulations, and Article 20, first paragraph, and Article 64 of the Conditions of Employment,

Having regard to the proposal from the Commission,

Whereas a review of the remuneration of officials and other servants carried out on the basis of a report by the Commission has shown that the remuneration and pensions of officials and other servants of the Communities should be adjusted under the 1998 annual review;

Whereas, in accordance with Annex XI to the Staff Regulations, the annual adjustment in respect of 1999 will entail the establishment before 31 December 1999 of new weightings with retroactive effect from 1 July 1999;

Whereas these new weightings could lead to retroactive adjustments to remuneration and pensions (positive or negative) in respect of the period of 1999 for which payments have already been made on the basis of this Regulation;

Whereas provision should therefore be made for the payment of arrears in the event of an upward adjustment as a result of these weightings or for the recovery of sums overpaid in the event of a downward adjustment for the period between the effective date and the date of entry into force of the Council's decision on the annual adjustment in respect of 1999;

Whereas provision should be made for the effects of any such recovery to be spread over a period of not more than twelve months following the date of entry into force of the Council's decision on the annual adjustment in respect of 1999,

HAS ADOPTED THIS REGULATION:

Article 1

With effect from 1 July 1998:

(a) the table of basic monthly salaries in Article 66 of the Staff Regulations is replaced by the following:

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(b) - in Article 1(1) of Annex VII to the Staff Regulations BEF 6 566 shall be replaced by BEF 6 691,

- in Article 2(1) of Annex VII to the Staff Regulations BEF 8 456 shall be replaced by BEF 8 617,

- in the second sentence of Article 69 of the Staff Regulations and in the second subparagraph of Article 4(1) of Annex VII thereto BEF 15 107 shall be replaced by BEF 15 394,

- in the first paragraph of Article 3 of Annex VII to the Staff Regulations BEF 7 557 shall be replaced by BEF 7 701.

Article 2

With effect from 1 July 1998, the table of basic monthly salaries in Article 63 of the Conditions of Employment of Other Servants shall be replaced by the following:

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Article 3

With effect from 1 July 1998 the fixed allowance referred to in Article 4a of Annex VII to the Staff Regulations shall be:

- BEF 4 016 per month for officials in Grade C4 or C5,

- BEF 6 157 per month for officials in Grade C1, C2 or C3.

Article 4

Pensions for which entitlement has accrued by 1 July 1998 shall be calculated from that date by reference to the table of basic monthly salaries laid down in Article 66 of the Staff Regulations, as amended by Article 1(a) of this Regulation.

Article 5

With effect from 1 July 1998, the date '1 July 1997` in the second paragraph of Article 63 of the Staff Regulations shall be replaced by '1 July 1998`.

Article 6

1. With effect from 16 May 1998, the weightings applicable to the remuneration of officials and other servants employed in the countries and places listed below shall be as follows:

United Kingdom: 153,6.

2. With effect from 1 July 1998, the weightings applicable to the remuneration of officials and other servants employed in the countries and places listed below shall be as follows:

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3. The weightings applicable to pensions shall be determined in accordance with Article 82(1) of the Staff Regulations. Articles 3 to 10 of Council Regulation (ECSC, EEC, Euratom) No 2175/88 (3) shall remain in force.

4. In accordance with Annex XI to the Staff Regulations these weightings could be adjusted by a Council Regulation before 31 December 1999 establishing new weightings with effect from 1 July 1999. In this event the institutions shall make the corresponding positive or negative adjustment to the remuneration and pensions of the officials, former officials and other persons concerned with retroactive effect for the period between the effective date and the date of entry into force of the decision on the 1999 adjustment.

If this retroactive adjustment necessitates the recovery of sums overpaid, such recovery may be spread over a period of not more than twelve months from the date of entry into force of the decision on the 1999 annual adjustment.

Article 7

With effect from 1 July 1998, the table in Article 10(1) of Annex VII to the Staff Regulations shall be replaced by the following:

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Article 8

With effect from 1 July 1998, the allowances for shiftwork laid down in Article 1 of Council Regulation (ECSC, EEC, Euratom) No 300/76 (4) shall be BEF 11 640, BEF 17 569, BEF 19 210 and BEF 26 189.

Article 9

With effect from 1 July 1998, the amounts in Article 4 of Regulation (EEC, Euratom, ECSC) No 260/68 (5) shall be subject to a weighting of 4,165412.

Article 10

This Regulation shall enter into force on the day following that of 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 Brussels, 17 December 1998.

For the Council

The President

W. MOLTERER

(1) OJ L 56, 4. 3. 1968, p. 1.

(2) OJ L 325, 3. 12. 1998, p. 1.

(3) OJ L 191, 22. 7. 1988, p. 1.

(4) OJ L 38, 13. 2. 1976, p. 1. Regulation as supplemented by Regulation (Euratom, ECSC, EEC) No 1307/87 (OJ L 124, 13. 5. 1987, p. 6) and last amended by Regulation (EC, ECSC, Euratom) No 2461/98 (OJ L 307, 17. 11. 1998, p. 5).

(5) OJ L 56, 4. 3. 1968, p. 8. Regulation as last amended by Regulation (EC, ECSC, Euratom) No 2459/98 (OJ L 307, 17. 11. 1998, p. 3).