ARCHIVES HISTORIQUES 
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COM (85) 848 
 
 
 
Vol. 1985/0 280 
  
 
Disclaimer  
Conformém ent au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 
concernant l'ouverture au public des archives historiques de la Communauté économique 
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, 
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003 
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents 
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit 
règlem ent. 
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 
concerning the openi ng to the public of the historical archives of the European Econom ic 
Community and the European Atomic Energy Communit y (OJ L 43, 15.2.1983, p. 1), as 
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243, 
27.9.2003, p. 1), this f ile is open to the public. Where necessary, classified documents in this 
file have been declassified in conformity with Article 5 of the aforementioned regulation.  
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom  1. 
Februar 198 3 über die Freigabe der historischen Archive der Europäischen  
Wirtschaftsgemeinschaft und der Europäischen Atomgem einschaft (ABI. L 43 vom  15.2.1983,  
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. Septem ber 2003  
(ABI. L 243 vom 27 .9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit  
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5  
der genannten Verordnung freigegeben.  
COMMISSION OF THE EUROPEAN COMMUNITIES
C O M (85) 848 final 
Brussels, 23 D ecem ber
P R O P O S A L  F O R  A  C O U N C IL  R E G U L A T IO N  (E E C )
introducing special measures to terminate the service of temporary 
staff of the European Communities
(submitted to the Council by the Commission)
C O M (85) 848 final

Proposal for a Council Regulation introducing special measures to terminate 
the service of temporary staff of the European Communities
T H E  C O U N C IL  O F  T H E  E U R O P E A N  C O M M U N IT IE S
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, m ade 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, by Regulation N o  — , special measures were adopted to terminate 
the service of officials of the European Communities, in order to m eet 
requirements resulting from the accession of Spain and Portugal;
Whereas, for the sam e reasons, similar measures should be adopted, to 
terminate the service of temporary staff of the European Communities,
H A S  A D O P T E D  T H IS  R E G U L A T IO N :
Article 1
In the interests of the service, and in order to m eet requirements resulting 
from the accession of Spain and Portugal to the European Communities, the 
institutions within the meaning of Article 1  of the Staff Regulations* are 
authorized to adopt measures terminating the service of temporary staff 
within the meaning of Article 2(a), (c) and (d) of the Conditions of 
Em ploym ent of Other Servants of the European Communities w h o  hold a contract 
of indefinite duration, are aged at least 5 5  and have a  total of at least 
15 years' service, under the conditions specified below.
Council Regulation (EE C , Euratom, E C S C ) N o  259/68 of 29 February 1968; 
O J  N o  L  56, 4.3.1968).

Article 2
T he number of termination of service decisions m a y  not exceed the number 
fixed each year by the budgetary authority on a proposal from each 
institution, within a ceiling of 2 0 %  of the total number of temporary 
staff eligible under this Regulation.
Article 3
Having due regard to the interests of the service, the institution shall 
select, within the limits laid dow n in Article 2  and after consulting the 
Joint Committee, from temporary staff requesting the application of measures 
terminating their service under Article 1, those to w h o m  such measures 
shall be applied. T o  this end it shall take into consideration their 
age, ability, efficiency, conduct in the service, family situation and 
seniority.

Article 4
1. A  former m em ber of the temporary staff affected by the measure provided 
for in Article 1  shall be entitled to a monthly allowance equal to 7 0 %
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 m onth 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 m em ber of the temporary staff attains 
the age of 65 and in any event as soon as he becomes eligible for the 
m axim um  retirement pension.
A t that point the former m em ber of the temporary staff shall automatically 
receive a retirement pension calculated in accordance with Articles 39 
and 40 of the Conditions of Employment, which shall take effect on the 
first day of the calendar month following the m onth in which the allowance 
w as paid for the last time.
3. T he 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.
T he 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 m em ber of the temporary staff 
from any n ew  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 him, determined by 
reference to the salary scales in force on the first day of the m onth 
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, m ean sum s paid after deduction of social security contributions 
but before deduction of tax.
T he former m em ber of the temporary staff shall provide any written 
proof which m a y  be required and shall notify the institution of any 
factor which m a y  affect his right to the allowance.

- 4  -
5. Under the conditions set out in Article 67 of the Staff Regulations 
and Articles 1, 2  and 3  of A nnex 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 w h o m  custody 
of the child or children has been entrusted by L a w  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 m em ber of the temporary staff 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 m axim um  specified in 
Title II, Chapter 6  of the Conditions of Employment. For the purposes 
of Article 5  of A nnex VIII to the Staff Regulations, such period shall be 
considered to be a period of service.
8. Subject to Articles 1(1) and 22 of A nnex VIII to the Staff Regulations, 
the surviving spouse of a former m em ber of the temporary staff w h o  dies 
while in receipt of the monthly allowance provided for in paragraph 1  
shall be entitled, provided that he or she has been his or her spouse for 
at least one year w hen the former m em ber of the temporary staff left 
the service of an institution, to a survivor's pension equal to 6 0 %  of 
the retirement pension which, irrespective of length of service or age, 
would have been payable to the former m em ber of the temporary staff if 
he had qualified for it at the time of death.
T he amount of the survivor's pension referred to in the previous subparagraph 
shall not be less than the amounts specified in Title II, Chapter 6  of 
the Conditions of Employment. However, in no case m a y  it exceed the amount 
of the retirement pension to which the former m em ber of the temporary staff 
would have been entitled had he survived and been granted a retirement 
pension w hen he ceased to be eligible for the allowance referred to above.
T he 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 m em ber before he or she left the service, 
provided that the surviving spouse maintains or has maintained those 
chi Idren.
T he sam e shall apply if the death of the former m em ber of the temporary 
staff resulted from one of the circumstances referred to at the end of 
the second paragraph of Article 17 of A nnex VIII to the Staff Regulations.

- 5  -
9. O n  the death of a  former m em ber of the temporary staff in receipt 
of the allowance provided for in paragraph 1, dependent children 
within the meaning of Article 2  of A nnex VII to the Staff Regulations 
shall be entitled to an orphan's pension under the conditions set out in 
Title II, Chapter 6  of the Conditions of Em ploym ent and in Article 2 1  
of A nnex VIII to the Staff Regulations.
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 M em b er States.