REGULATION (EURATOM, ECSC, EEC) No 2278/69 OF THE COUNCIL of 13 November 1969 amending the Staff Regulations of Officials of the European Communities and the Conditions of Employment of Other Servants of those Communities

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing a Single Council and a Single Commission of the European Communities, and in particular Article 24 thereof;

Having regard to the proposal from the Commission concerning the amendment of the Staff Regulations of Officials and the Conditions of Employment of Other Servants, made after consulting the Staff Regulations Committee, and also to the proposal from the Commission concerning the fixing of corrective factors;

Having regard to the Opinion of the European Parliament 1;

Having regard to the Opinion of the Court of Justice;

Whereas it is for the Council, acting by a qualified majority on a proposal from the Commission and after consulting the other institutions concerned, to amend those Staff Regulations and Conditions of Employment;

Whereas it seems appropriate, in the light of experience and in view of the difficulties encountered when applying the Staff Regulations of Officials of the European Communities and the Conditions of Employment of Other Servants of those Communities, to amend certain provisions thereof;

Whereas, as a first step, the provisions of those Staff Regulations and Conditions of Employment should be amended as regards the structure of the basic salary scale and miscellaneous allowances for officials and other servants of the Communities;

HAS ADOPTED THIS REGULATION:

Article 1

The Staff Regulations of Officials of the European Communities shall be amended as follows: 1. Article 66

"Basic monthly salaries are for each grade and step as provided in the following Table: 1OJ No C 97, 28.7.1969, p. 10.

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2. Article 67 (1)

"1. Family allowances shall comprise: (a) head of household allowance equal to 5 % of the basic salary but not less than Bfrs 900 per month;

(b) dependent child allowance of Bfrs 1400 per child per month;

(c) education allowance."

3. Article 69

"The expatriation allowance shall be equal to 16 % of the total of the basic salary, head of household allowance and dependent child allowance to which the official is entitled. The expatriation allowance shall be not less than Bfrs 2500 per month."

4. Article 74, first paragraph

"An official shall receive a grant of Bfrs 7000 on the birth of his child."

5. Annex VII - Article 1 (1)

"1. An official who is head of a household shall receive a head of household allowance equal to 5 % of his basic salary but not less than Bfrs 900 per month."

6. Annex VII Article 2 (1), (2) and (3)

"1. An official who has one or more dependent children shall, in accordance with paragraph 2 and 3 below, receive an allowance of Bfrs 1400 per month for each dependent child.

2. "Dependent child" means the legitimate, natural or adopted child of an official, or of his spouse, who is actually being maintained by the official.

The same shall apply to a child for whom an application for adoption has been lodged and the adoption procedure started.

3. The allowance shall be granted: (a) automatically for children under eighteen years of age;

(b) on application, with supporting evidence, by the official for children between eighteen and twenty-six who are receiving educational or vocational training."

7. Annex VII - Article 3

"An official shall receive an education allowance equal to the actual education costs incurred by him up to a maximum of Bfrs 1250 per month for each dependent child, within the meaning of Article 2 (2) above, who is in regular full-time attendance at an educational establishment.

Entitlement to this allowance shall commence on the first day of the month in which the child begins to attend a primary educational establishment and shall cease at the end of the month in which the child reaches the age of twenty-six.

The maximum referred to in the first paragraph above shall be raised to Bfrs 2500 for an official receiving the expatriation allowance whose place of employment is at least 50 km from a European school."

8. Annex VII - Article 4 (1), last subparagraph

"The expatriation allowance shall be not less than Bfrs 2500 per month."

Article 2

The Conditions of Employment of Other Servants of the European Communities shall be amended as follows:

Article 63

"The basic salary scale is determined as provided in the following Table: >PIC FILE= "T0011319">

Article 3

The temporary flat-rate allowance referred to in Article 4 (a) of Annex VII to the Staff Regulations and also in Regulations No 31/65/EEC, No 5/65/Euratom 1 shall be: - Bfrs 650 per month for officials in Grades C 4 or C 5;

- Bfrs 1000 per month for officials in Grades C 1, C 2 or C 3.

The period during which the allowance is granted shall be extended by two years from 1 January 1970.

Article 4

1. The corrective factors applicable to the remuneration of officials employed in one of the countries or places listed below shall be as follows: >PIC FILE= "T0011320"> >PIC FILE= "T0011321">

2. The corrective factor applicable to pensions in accordance with the second subparagraph of Article 82 (1) of the Staff Regulations shall be as laid down below for the country of the Communities where the recipient of the pension declares his home to be: >PIC FILE= "T0011322">

If the recipient of the pension declares his home to be in a country other than those mentioned above, the corrective factor to be applied to his pension shall be that fixed for Belgium.

3. Council Regulation (EEC, Euratom, ECSC) No 1748/68 2 of 29 October 1968 altering the corrective factors to be applied in adjustment of officials' remuneration and pension shall be repealed with effect from 1 January 1969. 1OJ No 47, 24.3.1965, p. 708/65. 2OJ No L 269, 5.11.1968, p. 1.

Article 5

Pensions due at the date of entry into force of this Regulation shall be amended as from that date on the basis of the basic salary scale laid down in Article 66 of the Staff Regulations, as amended by Article 1 of this Regulation.

Article 6

This Regulation shall enter into force on 1 January 1969.

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

Done at Brussels, 13 November 1969.

For the Council

The President

L. DE BLOCK