COUNCIL REGULATION (EEC, EURATOM, ECSC) No 3765/92

of 21 December 1992

correcting, with effect from 1 January 1991, the weightings applicable in Denmark, Germany, Greece, Spain, France, Ireland, Italy, the Netherlands, Portugal and the United Kingdom to the remuneration and pensions of officials and other servants of the European Communities

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

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 and the Conditions of Employment of Other Servants of the European Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68 (1), as last amended by Regulation (EEC, Euratom, ECSC) No 571/92 (2), and in particular Articles 64 and 82 of the Staff Regulations and the first paragraph of Article 20 and Article 64 of the Conditions of Employment,

Having regard to Council Decision 81/1061/Euratom, ECSC, EEC of 15 December 1981 amending the method of adjusting the remuneration of officials and other servants of the Communities (3), and in particular the second subparagraph of Section II.1.1 of the Annex thereto,

Having regard to the proposal from the Commission,

Whereas the Statistical Office of the European Communities has carried out a verification of the weightings for all Member States in accordance with the method for adjusting the remuneration of officials and other servants of the European Communities, as adopted by the Council on 15 December 1981;

Whereas the findings of this verification have shown that the weightings that ought to be applied in a number of countries of employment diverge significantly from those in force;

Whereas Article 64 of the Staff Regulations provides for equivalence of purchasing power between the various places of employment;

Whereas it is necessary, if the preliminary weightings applicable in some places of employment are adjusted upwards, to adjust accordingly with retroactive effect remuneration of the officials concerned and, if weightings are adjusted downwards, to recover from the officials concerned the amounts paid in excess;

Whereas it is necessary however to protect the nominal value of remuneration of the officials from whom amounts are to be recovered;

Whereas, in certain places of employment where the weightings are lower as compared with those in force when this Regulation will take effect for the first time, provision should be made for a phased application by set-off against any increases to be made at a future date;

Whereas it is therefore necesssary to amend the Regulations establishing, with effect form 1 January 1991, the weightings applicable to Denmark, Germany, Greece, Spain, France, Ireland, Italy, the Netherlands, the United Kingdom and Portugal,

HAS ADOPTED THIS REGULATION:

Article 1

1. With effect from 1 January 1991, the weightings applicable to the remuneration of officials and other servants employed in one of the countries listed below shall be as follows: >TABLE>

(*) Without prejudice to the decisions to be taken by the Council on the proposal from the Commission dated 10 September 1991.

2. The weightings applicable to pensions shall be determined in accordance with Article 82 (1) of the Staff Regulations.

Article 2

This Regulation shall enter into force on the day 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, 21 December 1992. For the Council

The President

D. HURD