Amended Proposal for a COUNCIL REGULATION amending Regulation (Euratom, ECSC, EEC) No 549/69 determining the categories of officials and other servants of the European Communities to whom the provisions of Article 12, the second paragraph of Article 13 and Article 14 of the Protocol on the Privileges and Immunities of the Communities apply

(presented by the Commission)

EXPLANATORY MEMORANDUM

The purpose of the two following proposals for a regulation is to prevent those who avail themselves of the special, temporary measures to terminate the service of from escaping the Community tax.

2001/00028 (CNS)

Amended Proposal for a COUNCIL REGULATION amending Regulation (Euratom, ECSC, EEC) No 549/69 determining the categories of officials and other servants of the European Communities to whom the provisions of Article 12, the second paragraph of Article 13 and Article 14 of the Protocol on the Privileges and Immunities of the Communities apply

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 283 thereof,

Having regard to the Protocol on the Privileges and Immunities of the European Communities, and in particular Articles 16 and 22 thereof,

Having regard to the proposal from the Commission [1],

[1] OJ C , , p. .

Having regard to the opinion of the European Parliament [2],

[2] OJ C , , p. .

Having regard to the opinion of the Court of Justice, [3]

[3] OJ C , , p. .

Having regard to the opinion of the Court of Auditors [4],

[4] OJ C , , p. .

Whereas:

(1) Regulation (Euratom, ECSC, EEC) No 549/69 [5], as last amended by Regulation (EC, ECSC, Euratom) No 1198/98 [6], should be amended to take account of Council Regulation No of introducing special measures to terminate the service of officials of the Commission of the European Communities as part of the reform of the Commission,

[5] OJ L 74, 27.3.1969, p. 1.

[6] OJ L 166, 11.6.1998, p. 3.

(2) Regulation (EEC, Euratom, ECSC) No 549/69, as last amended by Regulation (EC, ECSC, Euratom) No 1198/98, should be amended to take account of Council Regulation [yyy] No [yyy] of [...] introducing special measures to terminate the service of officials of the General Secretariat of the Council of the European Union,

(3) Regulation (EEC, Euratom, ECSC) No 549/69, as last amended by Regulation (EC, ECSC, Euratom) No 1198/2000, should be amended to take account of Council Regulation [zzz] No [zzz] of [...] introducing special measures to terminate the service of European Parliament officials and temporary staff working in the Political Groups,

HAS ADOPTED THIS REGULATION:

Article 1

In Article 2 of Regulation (Euratom, ECSC, EEC) No 549/69, the following points (p), (q), and (r ) are added:

(p) those entitled to the allowance provided for in the event of termination of service under Article 4 of Regulation [xxx] No [xxx]

(q) those entitled to the allowance provided for in the event of termination of service under Article 4 of Regulation [yyy] No [yyy]

(r) those entitled to the allowance provided for in the event of termination of service under Article 4 of Regulation [zzz] No [zzz]."

Article 2

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

This Regulation shall apply from the date of entry into force of the Regulation referred to in Article 1.

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

Done at Brussels,

For the Council

The President