No C 267/2 Official Journal of the European Communities 14. 10. 88 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Regulation (EEC) introducing special and temporary measures to 
terminate the service of officials of the European Communities 
COM(88) 513 final 
(Submitted by the Commission on 4 October J 988) 
(88/C 267/02) 
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 performance of future activities and the specific 
research programmes of the Joint Research Centre call 
for a radical restructuring of the Centre designed to 
ensure that it has adequate skills at its disposal; 
Whereas this restructuring must be carried out with no 
increase in staffing and the number of retirements is far 
from sufficient to allow the recruitments needed to attain 
the Centre's new objectives; 
Whereas in order to ensure that the restructuring and the 
attainment of these new objectives are not impeded by 
inadequate staff skills, special termination-of-service 
measures must be adopted; 
Whereas these special measures could prove ineffective if 
in every case their application required the prior 
agreement of the officials concerned; and whereas, if 
dictated by the interests of the service, it must be possible 
for such measures to be mandatory and not subject to 
such agreement, HAS ADOPTED THIS REGULATION: 
Article 1 
1. In the interests of the service the Commission is 
authorized until 31 December 1989, to adopt, within the 
meaning of Article 47 of the Staff Regulations of 
Officials of the European Communities, hereinafter 
referred to as 'the Staff Regulations', and on the 
conditions set out in this Regulation, measures termin­
ating the service of officials in active employment or on 
secondment, in grades other than A 1 and A 2, who are 
aged at least 50, have completed at least 10 years' 
service, are paid from research and investment appropri­
ations and are included in the establishment plan of the 
Joint Research Centre. 
2. The number of officials in all categories to whom 
these measures may be applied shall not exceed 100. 
Article 2 
1. After consulting the Joint Committee, which shall 
give a hearing to any official who so requests, the 
Commission shall draw up the list of officials affected by 
the measures referred to in Article 1. 
2. However, the Commission shall grant any requests 
for termination of service under this Regulation from 
officials aged 60 and over. 
3. The measures provided for in Article 1 and in 
paragraph 1 above shall in no way be disciplinary in 
nature. 
Article 3 
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 
nt to 88 Cofficial]ournal of thePuropean Communities ^oC^DBB^ 
the tahle set out in Article DD of the Staff Regulations in 
force on the first day of the month for which the 
allowance is payahle 
^ Entitlement to the allowance shall cease not later 
than the last day of the month in which the former 
official attains the age of D^andmanye^ent as soon as 
the former official is ehgihle for the maximum retirement 
pension 
At that point the former official shall automatically 
receive a retirementpensiom ^hich shall tal^e effect on 
thefirstdayof the calendar monthfollo^ingthemonth 
in which the allowance waspaid for the lasttime 
^ The allowance provided for in paragraph I shall he 
weighted at therate fixed in accordance withthe second 
subparagraph of Article 8^gt^ of the Staff Regulations 
for the country situated inside or outside the Community 
where the recipientpro^es he has his residence 
If therecipient of the allowance estahhsheshis residence 
in a country outside the Community^ the weighting of 
100 shall he applied 
The allowance shall he expressed in Belgian francs It 
shallhepaidmthecurrencyof the countryof residence 
of the recipient Plowe^ermf^^^h^ect to the weighting 
of lOOunderthepre^ioussuhparagraph^itshallhepaid 
in Belgian francs 
Allowances paid in a currency other than the Belgian 
franc shall he calculated on the hasis of exchange rates 
specified in the second paragraph of Article (^ of the 
Staff Regulations 
^ C^ross income accruing to the formerofficial from 
any new employment shall he deducted from the 
allowancepro^idedformparagraph P msofaras that 
income plus that allowance exceeds the total gross 
remuneration last receded hy the official^determmedhy 
reference tothe salary scalesinforceonthe first dayof 
the month for which the allowance is payahle That 
remuneration shall he weighted as provided for in 
paragraph ^ 
(Gross income and total gross remuneration last recei^ed^ 
asreferredtoaho^mean sums paid after deductionof 
social security contnhutions hut hefore deduction of tax 
Theformerofficial concernedshallpro^ideany written 
proof which may he required and shall notify the 
institution of any factor which may affect his right to the 
allowance 
^ Under the conditions set out in Article DB of the 
Staff Regulations and Articles P^and^of AnnexVH 
to the Staff Regulations^ family allowances shall he 
payahle either to the recipient of the allowances provided 
for in paragraph I or in his name and on hishehalf to 
theperson or persons to whom custody of thechild or 
children has heen entrusted hy law or hy an order of court or of the competent administrative authority^ the 
household allowanceshall hecalculated hy reference to 
that allowance 
D Recipients of the allowance shall he entitled^ in 
respect of themselves and persons cohered hy their 
insurancem^ benefit under the sickness insurance scheme 
provided for in Article ^ of the Staff Regulations 
pro^idedthe^ pay the relevant contnhution calculated on 
the hasis of the allowance provided for in paragraph I 
and are not cohered hy another sickness insurance hy 
^Birtueof legal or statutory provisions 
B^ Muring the period for which he is entitled to 
receive the allowances the former official shall continue 
toacquirefurther rights to retirementpensionhased on 
thesalary attaching tohisgradeandstep^pro^idedthat 
the contnhution provided for mtheStaff Regulations hy 
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 Articled 
of the Staff Regulations Por the purposes of Article^of 
Annex VHItothe Staff Regulationsand article 108 of 
theformerRulesandRegulationsofthePuropeanCoal 
andSteelCommumty^such period shall he consideredto 
he a period of service 
8 Suh^ecttoArticles Igp and^of AnnexVIIIto 
the Staff Regulations^ the sur^i^mg spouse of a former 
official who dies while in receipt of the monthly 
allowance provided for in paragraph 1 shall he entitled^ 
provided that he or she had heen his or her spouse for at 
least one year when the former official left the service of 
the Commissions ^o a sur^noPs pension equal to ^0^ 
of theretirementpensionwhich^ irrespective of lengthof 
service or age^ would ha^e heen payahle to the former 
official if he had qualified for it at the time of death 
The amountof the sur^nBoPs pension referred to in the 
previous suhparagraph shall not he less than the amounts 
specified in the second paragraph of Article B^ of the 
Staff Regulations Plowe^ermn no case may it exceed the 
amount of the retirement pension to which the former 
official would ha^e heen entitled had he sur^Bi^ed and 
heengrantedaretirement pension when heceasedtohe 
ehgihlefortheallowancereferred toaho^e 
The duration of the marriage referred to in the first 
suhparagraph shall not he tal^en into account if there are 
one or more children of a marriage contracted hy the 
official hefore he or she left the service provided that the 
sur^nang spouse maintains or has maintained those 
children 
The same shall ^pply if the former official's death 
resultedfromoneofthecircumstancesreferredtoatthe 
end of the second paragraph of Article l^of AnnexVIII 
tothe Staff Regulations 
No C 267/4 Official Journal of the European Communities 14. 10. 88 
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 Regu­
lations and in Article 21 of Annex VIII to the Staff 
Regulations. 
10. For the purposes of Article 107 of the Staff Regu­
lations and of Article 102 (2) of the Staff Regulations of Officials of the European Coal and Steel 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. 
Article 4 
This Regulation shall enter into force on the day 
following its publication in the Official Journal of the 
European Communities.