No C 176/4 Official Journal of the European Communities 5. 7. 84 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Regulation introducing special and temporary measures to 
terminate the service of certain officials in the scientific and technical services of the 
European Communities 
COM(84) 214 final 
(Submitted by the Commission to the Council on 13 April 1984) 
(84/C 176/04) 
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 
Parliament, 
Having regard to the opinion of the Court of Justice, 
Whereas, given the need to renew the potential and 
structure of the Joint Research Centre and recruit 
young scientific and technical staff, special and 
temporary termination of service measures, valid until 
31 December 1985, should be adopted; whereas these 
measures should be confined to A, B and C category 
officials in the scientific and technical services, 
HAS ADOPTED THIS REGULATION: 
Article 1 
1. In the interests of the service, and in order to 
take account of the adjustment of skills required by 
the new structure of the Joint Research Centre, the 
Commission is hereby authorized until 31 December 
1985 to adopt, within the meaning of Article 47 of 
the Staff Regulations and on the conditions set out in 
this Regulation, measures terminating the service of 
officials in the scientific and technical services who 
are in active employment or on secondment, who are 
paid from research and investment appropriations and 
who are included in the list of posts of the Joint 
Research Centre. 2. The number of officials to whom the measures 
are to be applied shall not exceed 120. 
Article 2 
After consulting the Joint Committee, the Com­
mission shall: 
(a) draw up the list of Grade A3 or A 4 officials, 
aged 50 or over, exercising responsibility for the 
conduct of scientific programmes or performing 
manangement tasks, to whom the measures 
referred to in Article 1 are to be applied. To this 
end it shall: 
— give priority, showing due regard to the 
interests of the service, to those officials who 
request application of these measures, 
— and, in all cases, take account of the age, 
ability, efficiency, conduct in the service, 
marital status and seniority of officials and, 
where appropriate, of the arduous nature of 
certain duties they have to perform; 
(b) draw up the list of Grade A 7, A 6, A 5 and 
Category B and C officials aged 55 years or over 
who request application of these measures, giving 
priority to officials who have reached the final 
step of their grade and taking account of the 
criteria set out in the second indent of subpara­
graph (a). 
Article 3 
1. A former official affected by the measures 
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. 
5.7.84 Official Journal of the European Communities No C 176/5 
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 pragraph 1 shall 
be adjusted by the weighting fixed for the country 
inside or outside the Communities 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. 
The allowance 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 
concerned from any new employment shall be 
deducted from the allowance provided for 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 remun­
eration shall be weighted as provided for in para­
graph 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 to recipients of the allowance provided for 
in paragraph 1; 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 Regu­
lations, 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 regulatory 
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 11 of the Staff Regu­
lations. 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 and 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 first payment of 
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 provided for in paragraph 1. 
The duration of the marriage referred to in the first 
subparagraph 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 circumstances referred to at 
the end of the second paragraph of Article 17 of 
Annex VIII to the Staff Regulations. 
No C 176/6 Official Journal of the European Communities 5.7.84 
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 
Regulations and of Article 102 (2) of the Staff Regu­
lations of officials of the European Coal and Steel 
Community, an official affected by the measure 
referred to 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. 
Article 4 
This Regulation shall enter into lorce 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.