2.10.85 Official Journal of the European Communities No C 250/5 
II 
(Preparatory Acts) 
COMMISSION 
Amended proposal for a Council Regulation introducing special measures to terminate the ser­
vice of officials of the European Communities 
COM(85) 469 final 
(Submitted by the Commission to the Council on 20 August 1985) 
(85/C 250/06) 
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, 
made after consulting the Staff Regulations Committee, 
Having regard to the opinion of the European Par­
liament, 
Having regard to the opinion of the Court of Justice, 
Whereas, in order to meet requirements resulting either 
from the accession of Spain and Portugal to the 
European Communities or from the need to acquire staff 
with new skills, special termination of service measures 
should be adopted, 
HAS ADOPTED THIS REGULATION: 
Article 1 
In the interests of the service, and in order to meet 
requirements resulting either from the accession of Spain 
and Portugal to the European Communities or from the 
need to acquire staff with new skills, the institutions 
within the meaning of Article 1 of the Staff Regulations 
(l) are authorized to adopt measures terminating the 
service of officials in grades A 3, LA 3, A 4, LA 4, A 5, 
LA 5, B 1, B 2, C 1, C 2, D 1 and D 2 who are over 55 
years of age, under the conditions specified below. 
This Article shall not apply to officials paid from 
research and investment appropriations employed in the 
0) Council Regulation (EEC, Euratom, ECSC) No 259/68 of 
29 February 1968; OJ No L 56, 4. 3. 1968). scientific and technical service where, and for as long as, 
they are covered by other specific termination of service 
arrangements approved by the Council. 
Article 2 
The number of termination of service decisions may not 
exceed the number fixed each year by the budgetary 
authority on a proposal from each institution, within a 
ceiling of 20 % of the total number of officials eligible 
under this Regulation. 
Article 3 
Having due regard to the interests of the service, the 
institution shall select, within the limits laid down in 
Article 2 and after consulting the Joint Committee, from 
officials requesting the application of measures termin­
ating their service under Article 1, those to whom such 
measures shall be applied. 
To this end it shall take into consideration their age, 
ability, efficiency, conduct in the service, family situation 
and seniority. Minimum seniority of 10 years shall be 
required. This requirement shall not apply to the Court 
of Auditors until 1 January 1988. 
By way of derogation from Article 1, this Regulation 
shall apply to all officials, other than those in grades A 1 
and A 2, who have at least 25 years service. 
Article 4 
1. A former official affected by the measure provided 
for in Article 1 shall be entitled to a monthly allowance 
equal to 70 % of the basic salary for the grade and step 
held at the time of departure, determined by reference to 
the table set out in Article 66 of the Staff Regulations in 
force on the first day of the month for which the 
allowance is payable. 
No C 250/6 Official Journal of the European Communities 2.10.85 
2. Entitlement to the allowance shall cease not later 
than the last day of the month in which the former 
official attains the age of 65 and in any event as soon as 
the former official is eligible for the maximum retirement 
pension. 
At that point the former official shall automatically 
receive a retirement pension, which shall take effect on 
the first day of the calendar month following the month 
in which the allowance was paid for the last time. 
3. The allowance provided for in paragraph 1 shall be 
adjusted by the weighting fixed for the country in which 
the recipient proves that he is resident. 
If the recipient of the allowance resides in a country for 
which no weighting has been fixed, the weighting to be 
applied to the allowance shall be equal to 100. 
The allowance shall be expressed in Belgian francs. It 
shall be paid in the currency of the country of residence 
of the recipient. However, if it is subject to the weighting 
of 100 under the second subparagraph, it shall be paid in 
Belgian francs. 
Allowances paid in a currency other than the Belgian 
franc shall be calculated on the basis of the exchange 
rates specified in the second paragraph of Article 63 of 
the Staff Regulations. 
4. Gross income accruing to the former official from 
any new employment shall be deducted from the 
allowance provided in paragraph 1, in so far as that 
income plus that allowance exceeds the total gross 
remuneration last received by the official, determined by 
reference to the salary scales in force on the first day of 
the month for which the allowance is payable. That 
remuneration shall be weighted as provided for in 
paragraph 3. 
Gross income and total gross remuneration last received, 
as referred to above, mean sums paid after deduction of 
social security contributions but before deduction of tax. 
The former official concerned shall provide any written 
proof which may be required and shall notify the 
institution of any factor which may affect his right to the 
allowance. 
5. Under the conditions set out in Article 67 of the 
Staff Regulations and Articles 1, 2 and 3 of Annex VII 
to the Staff Regulations, family allowances shall be 
payable either to the recipient of the allowance provided 
for in paragraph 1 or to the person or persons to whom 
custody of the child or children has been entrusted by 
law or by an order of court or of the competent 
administrative authority; the household allowance shall 
be calculated by reference to that allowance. 6. Recipients of the allowance shall be entitled, in 
respect of themselves and persons covered by their 
insurance, to benefit under the sickness insurance scheme 
provided for in Article 72 of the Staff Regulations, 
provided they pay the relevant contribution, calculated 
on the basis of the allowance provided for in paragraph 
1, and are not covered by another sickness insurance by 
virtue of legal or statutory provisions. 
7. During the period for which he is entitled to 
receive the allowance, the former official shall continue 
to acquire further rights to retirement pension based on 
the salary attaching to his grade and step, provided that 
the contribution provided for in the Staff Regulations by 
reference to that salary is paid during that period and 
provided that the total pension does not exceed the 
maximum specified in the second paragraph of Article 77 
of the Staff Regulations. For the purposes of Article 5 of 
Annex VIII to the Staff Regulations and Article 108 of 
the former Rules and Regulations of the European Coal 
and Steel Community such period shall be considered to 
be a period of service. 
8. Subject to Articles 1 (1) and 22 of Annex VIII to 
the Staff Regulations, the surviving spouse of a former 
official who dies while in receipt of the monthly 
allowance provided for in paragraph 1 shall be entitled, 
provided that he or she had been his or her spouse for at 
least one year when the former official left the service of 
an institution, to a survivor's pension equal to 60 % of 
the retirement pension which, irrespective of length of 
service or age, would have been payable to the former 
official if he had qualified for it at the time of death. 
The amount of the survivor's pension referred to in the 
previous subparagraph shall not be less than the amounts 
specified in the second paragraph of Article 79 of the 
Staff Regulations. However, in no case may it exceed the 
amount of the retirement pension to which the former 
official would have been entitled had he survived and 
been granted a retirement pension when he ceased to be 
eligible for the allowance referred to above. 
The duration of the marriage referred to in the first sub­
paragraph shall not be taken into account if there are one 
or more children of a marriage contracted by the official 
before he or she left the service, provided that the surviving 
spouse maintains or has maintained those children. 
The same shall apply if the former official's death 
resulted from one of the cicumstances referred to at the 
end of the second paragraph of Article 17 of Annex VIII 
to the Staff Regulations. 
9. On the death of a former official in receipt of the 
allowance provided for in paragraph 1, dependent children 
within the meaning of Article 2 of Annex. VII to the Staff 
Regulations shall be entitled to an orphan's pension under 
the conditions set out in the first, second and third 
paragraphs of Article 80 of the Staff Regulations and in 
Article 21 of Annex VIII to the Staff Regulations. 
10. For the purposes of Article 107 of the Staff Regu­
lations and of Article 102 (2) of the Staff Regulations of 
2.10.85 Official Journal of the European Communities No C 250/7 
Officials of the European Coal and Steel Community, an 
official affected by the measure provided for in Article 1 
shall be treated as an official who has remained in 
service until the age of 65 provided he continues to pay 
the contribution during the period of receipt of the 
allowance referred to in paragraph 1 of this Article. 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, 
Having regard to Council Regulation (EEC) No 3331/ 
82 (*), and in particular to the first, fourth, fifth, sixth 
and seventh indents of Article 4 (1) and to Article 4 (2) 
thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Par­
liament, 
Whereas, in order to implement Council Regulation 
(EEC) No 3331/82, it is necessary to determine the total 
quantities of each product to be supplied under the 
food-aid programmes in compliance with the 
Community's international commitments; 
Whereas the Community has entered into certain 
commitments under the Food Aid Convention; 
Whereas the Community also intends entering into 
certain commitments under a Convention to be 
concluded whith the United Nations Relief and Works 
Agency for Palestine Refugees in the Near East 
(UNRWA) O; 
Whereas a list of the countries and organizations eligible 
for food-aid operations should be drawn up without 
prejudice to emergency operations; 
Whereas provisions should be made for the possibility of 
making food available to non-governmental organi­
zations; whereas the latter must meet certain conditions 
guaranteeing the successful execution of food-aid 
operations; 
0) OJ No L 352, 14. 12. 1982, p. 1. 
(2) OJ No L 188, 16. 7. 1984, p. 18. Article 5 
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. 
Whereas the basic and derived products which may be 
supplied under food-aid operations should be determined 
by taking account, in particular, of the available stocks 
of the products in question; 
Whereas general criteria should also be established for 
the transport of food aid beyond the fob stage, taking 
into account the financial and geographical situation of 
the countries concerned and the channels and inter­
mediaries via which the aid will be dispatched; whereas 
account should also be taken to this end of the need to 
ensure that the effectiveness of the food-aid operations is 
increased; 
Whereas, in order to ensure that the objectives of 
food-aid operations are attained, it is furthermore 
necessary to stipulate that aid is granted only where the 
recipients undertake to comply with the supply terms laid 
down by the Commission; 
Whereas the methods of mobilizing, transporting and 
delivering the products should be specified; whereas it is 
also necessary to determine the procedure for mobilizing 
the products outside the Community; 
Whereas the Commission must be able to take all the 
measures necessary for the proper execution of food-aid 
programmes and operations; whereas, to this end, 
Member States must provide the Commission with all the 
assistance required and, in particular, with all relevant 
information; 
Whereas, in circumstances and subject to appropriate 
conditions, multiannual food-aid programmes can make 
a positive contribution to the development of the 
recipient country; whereas, howewer, it is not intended 
to lay down multiannual quantities of food aid, Proposal for a Council Regulation laying down implementing rules for Regulation (EEC) No 
3331/82 on food-aid policy and food-aid management 
COM(85) 482 final 
(Submitted by the Commission to the Council on 18 September 1985) 
(85/C 250/07)