EN Official Journal of the European Union L 228/1

COUNCIL REGULATION (EU) No 768/2010

of 26 August 2010

laying down the weightings applicable from 1 July 2009 to the remuneration of officials, temporary staff and contract staff of the European Union serving in third countries

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 336 thereof,

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 Council Regulation (EEC, Euratom, ECSC) No 259/68 (1), and in particular the first paragraph of Article 13 of Annex X thereto,

Having regard to the proposal from the European Commission,

Whereas:

(1) It is necessary to take account of changes in the cost of living in countries outside the Union and to determine accordingly the weightings applicable from 1 July 2009 to remuneration paid in the currency of the country of employment to officials, temporary staff and contract staff serving in third countries.

(2) The weightings in respect of which payment has been made on the basis of Council Regulation (EC) No 613/2009 (2) may lead to retrospective upward or downward adjustments to remuneration.

(3) Provision should be made for back-payments in the event of an increase in remuneration as a result of the new weightings.

(4) Provision should be made for the recovery of sums overpaid in the event of a reduction in remuneration as a result of the new weightings for the period from 1 July 2009 to the date of entry into force of this Regulation.

(5) Provision should be made for any such recovery to be restricted to a period of no more than 6 months preceding the date of entry into force of this Regulation and for its effects to be spread over a period of no more than 12 months following that date, as is the case with the weightings applicable within the European Union to remuneration and pensions of officials and other servants of the European Union,

HAS ADOPTED THIS REGULATION:

Article 1

With effect from 1 July 2009, the weightings applicable to the remuneration of officials, temporary staff and contract staff of the European Union serving in third countries payable in the currency of the country of employment shall be as shown in the Annex.

The exchange rates for the calculation of such remuneration shall be established in accordance with the rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3) and shall correspond to 1 July 2009.

Article 2

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

2. The institutions shall make retrospective downward adjustments to remuneration in the event of a reduction as a result of the weightings shown in the Annex for the period from 1 July 2009 to 31 August 2010.

Retrospective adjustments involving the recovery of sums overpaid shall be restricted to a period of no more than 6 months preceding 31 August 2010. Recovery shall be spread over a period of no more than 12 months from that date.

Article 3

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

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 26 August 2010. For the Council The President S. VANACKERE

(1) OJ L 56, 4.3.1968, p. 1.

(2) OJ L 181, 14.7.2009, p. 1.

(3) OJ L 248, 16.9.2002, p. 1.