No C 35/8 Official Journal of the European Communities 7.2.85 
Proposal for a Council Regulation introducing special measures to terminate the service 
of officials of the European Communities 
COM(84) 680 final 
(Submitted by the Commission to the Council on 8 January 1985) 
(85/C 35/11) 
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 requirement resulting 
either from the accession of Spain and Portugal 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 (') 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 scientific and technical service where, and for as 
long as, they are covered by other specific termi­
nation of service arrangements approved by the 
Council. 
(') Council Regulation (EEC, Euratom, ECSC) No 259/68 
of 29 February 1968 (OJ No L 56, 4. 3. 1968). 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 
terminating 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. 
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. 
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. 
7.2. 85 Official Journal of the European Communities No C 35/9 
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 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 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 71 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 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 
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 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 
Regulations and of Article 102 (2) of the Staff Regu­
lations of Officials of the European Coal and Steel 
No C 35/10 Official Journal of the European Communities 7.2.85 
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 a Single 
Council and a Single Commission of the European 
Communities, 
Having regard to the Protocol on the Privileges and 
Immunities of the European Communities, and in 
particular Article 13 thereof, 
Having regard to the proposal from the Commission, 
Whereas Council Regulation (EEC, Euratom, ECSC) 
No 260/68 ('), as last amended by Regulation 
(ECSC, EEC, Euratom) No 2151/82 (2), should be 
amended in order to take account of the following 
Regulations: 
— Regulation No ... of ... amending the Staff 
Regulations of officials and the conditions of 
employment of other servants [temporary staff — 
unemployment benefit]; 
— Regulation No ... of . . . introducing special and 
temporary measures to terminate the service of 
certain officials of the European Communities in 
the scientific and technical services; 
(') OJ No L 56, 4. 3. 1968, p. 8. 
(2) OJ No L 228, 4. 8. 1982, p. 4. 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. 
— Regulation No ... of ... introducing special 
measures to terminate the service of officials of 
the European Communities, 
HAS ADOPTED THIS REGULATION: 
Article 1 
The following ninth, 10th and 11th indents are 
hereby added to Article 2 of Regulation (EEC, 
Euratom, ECSC) No 260/68: 
'— those entitled to unemployment benefit under 
Article 28b of the conditions of employment of 
other servants, as amended by Article ... of 
Regulation No ... [Regulation at first indent of 
the recital]; 
— those entitled to the allowance for termination of 
service under Article 3 of Regualtion No .. . 
[Regulation at second indent of the recital]; 
— those entitled to the allowance for termination of 
service under Article 4 of Regulation No . . . 
[Regulation at third indent of the recital].' 
Article 2 
This Regulation shall enter into force on the day 
following its publication in the Official Journal of the 
European Communities. 
It shall apply from the time when the respective Regu­
lations referred to in Article 1 enter into force. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States. Proposal for a Council Regulation amending Regulation (EEC, Euratom, ECSC) No 
260/68 laying down the conditions and procedure for applying the tax for the benefit of 
the European Communities 
COM(84) 680 final 
(Submitted by the Commission to the Council on 8 January 1985) 
(85/C 35/12)