Amended proposal for a Council Regulation (EC, Euratom, ECSC) amending Articles 1 and 2 of Regulation (EEC, Euratom, ECSC) No 259/68 laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities (1)

(96/C 41/08)

COM(95) 599 final - 94/0326(CNS)

(Submitted by the Commission pursuant to Article 189a (2) of the EC Treaty on 30 November 1995)

THE COUNCIL OF THE EUROPEAN UNION,

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 submitted by the Commission 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,

Having regard to the opinion of the Court of Auditors,

Whereas, following the addition of the Court of Auditors to the list of Community institutions by Article 4 of the Treaty establishing the European Community, the reference to it in the second paragraph of Article 1 of Council Regulation (EEC, Euratom, ECSC) No 259/68 of 29 February 1968 laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities (2), as last amended by Regulation . . ., should be removed;

Whereas, following the establishment of the Committee of the Regions, provision should be made for it to be treated as an institution of the Communities for the purposes of the Staff Regulations, and the Staff Regulations should be amended accordingly;

Whereas Article 138e of the Treaty establishing the European Community stipulates that the Ombudsman is to be completely independent in the performance of his duties, whereas, in its Decision of 9 March 1994 on the regulations and general conditions governing the performance of the Ombudsman's duties (3), Parliament provides that the Ombudsman is to be assisted by a secretariat and that, in matters concerning his staff, he is to have the same status as the institutions within the meaning of Article 1 of the Staff Regulations of Officials of the European Communities,

HAS ADOPTED THIS REGULATION:

Article 1

The Staff Regulations of Official of the European Communities are amended as follows:

1. the second paragraph of Article 1 is replaced by the following:

'Save as otherwise provided, the Economic and Social Committee, the Committee of the Regions and the Ombudsman shall, for the purpose of these Staff Regulations, be treated as institutions of the Communities`,

2. the second paragraph of Article 2 is replaced by the following:

'In respect of officials of the Economic and Social Committee, the Committee of the Regions and the Ombudsman, the rules of procedure of those Committees and of the Ombudsman shall determine who shall exercise the powers conferred by these Staff Regulations on the appointing authority.`

Article 2

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

It shall have effect from the date of entry into force of the Treaty on European Union.

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

(1) OJ No C 382, 31. 12. 1994, p. 3.

(2) OJ No L 56, 4. 3. 1968, p. 1.

(3) OJ No L 113, 4. 5. 1994, p. 15.