30. 7. 79 Official  Journal  of the European  Communities No C 191/9 
Proposal  for a Council  Regulation  (ECSC,  EEC,  Euratom)  amending  the Staff  Regulations 
of officials  and  the  conditions  of employment  of other  servants  of the  European 
Communities 
(Submitted  by the Commission  to the Council  on 13 June  1979) 
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, 
submitted  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  Articles  2 and  3 of Council  Regulation  (EEC, 
Euratom,  ECSC)  No  259/68  (1), as last  amended  by 
Regulation  (Euratom,  ECSC,  EEC)  No 3085/78  (2), lay 
down  the  Staff  Regulations  of officials  and  the 
conditions  of employment  of other  servants  of the 
European  Communities  respectively;  whereas  it is for 
the Council,  acting  by a qualified  majority  on a 
proposal  from  the Commission  and  after  consulting  the 
other  institutions  concerned,  to amend  the  Staff 
Regulations  and  the conditions  of employment; 
Whereas,  in the light  of experience  gained  in applying 
the said  Staff  Regulations  and  tfre  said  conditions  of 
employment  and of developments  in the Member  States, 
particularly  in respect  of pensions  and  social  security, 
certain  provisions  thereof  should  be amended, 'The official  shall  furnish  such  written  proof  as may 
be required  and  inform  the institution  of any  facts 
liable  to affect  his entitlement. 
The allowance  and  the  total  remuneration  last 
received,  as referred  to in the fourth  subparagraph, 
shall  be weighted  at the rate  fixed  for the country 
inside  or outside  the  Communities  where  the 
recipient  proves  he has his residence. 
If the recipient  establishes  his residence  in a country 
for which  ho weighting  has been  fixed,  the weighting 
for Belgium  shall  be applied. 
The allowance  shall  be expressed  in Belgian  francs. 
It shall  be paid  in the currency  of the country  of 
residence  of the recipient. 
Allowances  paid  in a currency  other  than  the Belgian 
franc  shall  be calculated  at the  exchange  rates 
specified  in the second  paragraph  of Article  63.' 
Article  2 
The fifth  paragraph  of Article  50 is replaced  by the 
following: 
'The provisions  of the fifth  to ninth  subparagraphs 
of Article  41(3)  shall  apply.' 
HAS  ADOPTED  THIS  REGULATION: 
CHAPTER  1 
Amendments  to the Staff  Regulations  of officials  of the 
European  Communities 
Article  1 
The fifth  subparagraph  of Article  41 (3) is replaced  by 
the following  subparagraphs: 
(!) OJ  No L 56, 4. 3. 1968,  p. 1. 
(2) OJ  No L 369,  29. 12. 1978,  p. 6. Article  3 
In Article  52 the  phrase  after  the  word  'retired'  is 
replaced  by the following: 
'— either  automatically  on the  last  day  of the 
month  in which  he reaches  the age of 65, 
— or at his own  request  on the  last  day  of the 
month  in which  he reaches  the age of 60; if this 
request  was  submitted  within  six months  of the 
official's  60th  birthday,  he shall  be eligible  for 
the increase  referred  to in Article  5 of Annex 
VIII, 
— or at his own  request  on the last  day  of the 
month  in respect  of which  the  request  was 
submitted  where  he is at least  60 years  of age or 
No C 191/10 Official  Journal  of the European  Communities 30. 7. 79 
where  he is between  50 and  60 years  of age and 
satisfies  the  requirements  for  immediate 
payment  of a pension  in accordance  with 
Article  9 of Annex  VIII. 
The second  sentence  of the second  paragraph  of 
Article  48 shall  apply  by analogy.' 
Article  4 
In Article  53 the  words  following  the  phrase  'the 
provisions  of Article  78 apply'  are replaced  by 'shall 
automatically  be retired  on the last day of the month  in 
which  the  appointing  authority  recognizes  his 
permanent  incapacity  to perform  his duties.' 
Article  5 
Article  73 (4) is deleted. 
Article  6 
In Article  79: 
1. In the  first  paragraph  the  words  'or of age'  are 
inserted  after  'irrespective  of length  of service'. 
2. In the  second  paragraph  the  phrase  'with  the 
exception  of leave  on personal  grounds  for  the 
period  during  which,  pursuant  to Article  40 (3),  no 
pension  rights  have  been  acquired'  are deleted. 
3. The  following  third  paragraph  is added: 
'Nor  shall  this amount  be less than  42%  of the final 
basic  salary  received  by the official  where  death  is 
due to one  of the  circumstances  set out  in the 
second  paragraph  of Article  78.' 
Article  7 
In Article  80: 
— in the second  paragraph  the words  'recipient  of are 
replaced  by the words  'spouse  in receipt  of', 
— in the fourth  paragraph,  the phrase  'or a former 
official  entitled  to a retirement  pension  or to an 
invalidity  pension'  is inserted  after  the phrase  'on an 
official'  and the phrase  'not  being  an official  of the 
Communities'  is replaced  by the phrase  'not  being 
an official  or a member  of the temporary  staff, 
— the  following  fifth  paragraph  is added: 'Entitlement  as provided  for in the first,  second  and 
third  paragraphs  shall  apply  in the  event  of the 
death  of a former  official  entitled  to an allowance 
under  Article  50 of the Staff  Regulations,  Article  5 
of Regulation  (EEC,  Euratom,  ECSC)  No 259/68, 
Article  3 of Regulation  (Euratom,  ECSC,  EEC) 
No 2530/72  or  Article  3 of Regulation  (ECSC, 
EEC,  Euratom)  No 1543/73,  and in the event  of the 
death  of a former  official  who  left the service  before 
reaching  the  age  of 60 and  requested  that  his 
retirement  pension  be deferred  until  the first  day of 
the calendar  -month  following  that  in which  he 
reached  the age of 60.' 
Article  8 
In Title  V the following  Article  81a  is inserted  after 
Article  81: 
'Article  81a 
1. Notwithstanding  any  other  provisions,  notably 
those  concerning  the minimum  amounts  payable  to 
persons  entitled  to a survivor's  pension,  the total 
amount  payable  by way  of survivor's  pension  plus 
family  allowances  less  tax  and  other  compulsory 
deductions  to the widow  and  other  entitled  persons 
may not exceed  the following: 
(a) in the event  of the death  of an official  having  one 
of the administrative  statuses  set out in Article 
35 of the Staff  Regulations,  the amount  of the 
remuneration  which  the  official  would  have 
received  in his grade  and  step  if he had  still  been 
in the  service,  less  tax  and  other  compulsory 
deductions,  together  with  any  allowances 
received  by him  in accordance  with  Section  3 of 
Annex  VII; 
(b) for the period  following  the date  on which  the 
official  referred  to at (a) above  would  have 
reached  the  age  of 65,  the  amount  of the 
retirement  pension  to which  he would  have  been 
entitled  thereafter,  had  he been  alive,  based  on 
his grade  and  step  at the time  of death,  plus  the 
family  allowances  which  he would  have  received, 
less tax and  other  compulsory  deductions; 
(c) in the event  of the  death-  of a former  official 
entitled  to a retirement  pension  or to an 
invalidity  pension,  the amount  of the pension  to 
which  he would  have  been  entitled,  had  he been 
alive,  subject  to the allowances  and  deductions 
set out at (b) above; 
(d) in the event  of the death  of a former  official  who 
left the service  before  reaching  the age of 60 and 
30. 7. 79 Official  Journal  of the European  Communities No C 191/11 
requested  that  his retirement  pension  be deferred 
until  the  first  day  of the  calendar  month 
following  that  in which  he reached  the age of 60, 
the amount  of the retirement  pension  to which 
he would  have  been  entitled  at the age  of 60, 
had he been  alive,  subject  to the allowances  and 
deductions  set out at (b) above; 
(e) in the  event  of the  death  of an official  or a 
former  official  entitled  to an allowance  under 
Article  41 orArticle50  of these  Staff  Regulations, 
Article  5 of Regulation  (EEC,  Euratom,  ECSC) 
No 259/68,  Article  3 of Regulation  (Euratom, 
ECSC,  EEC)  No  2530/72  or Article  3 of 
Regulation  (ECSC,  EEC,  Euratom)  No 1543/73, 
the amount  of the allowance  to which  he would 
have  been  entitled,  had  he been  alive,  subject  to 
the allowances  and  deductions  set out  at (b) 
above; 
(f) for the period  following  the date  on which  the 
former  official  referred  to at (e) above  would 
have  ceased  to be entitled  to the allowance,  the 
amount  of the retirement  pension  to which  he 
would  have  been  entitled  on that  date,  had  he 
been  alive,  subject  to the  allowances  and 
deductions  set out at (b) above. 
2. For  the  purposes  of paragraph  1, weightings 
shall  be disregarded. 
3. The  maximum  amount  as  defined  in 
subparagraphs  (a) to (f) above  shall  be apportioned 
among  the persons  entitled  to survivor's  pension  in 
proportion  to  their  respective  entitlements, 
paragraph  1 being  disregarded  for this purpose. 
The second,  third  and  fourth  subparagraphs  of 
Article  82 (1)  shall  apply  to the  amounts  thus 
apportioned.' 
Article  9 
The second  subparagraph  of Article  82 (1) is replaced 
by the following: 
'They  shall  be weighted  at the rate  fixed  for the 
country  inside  or outside  the Communities  where  the 
recipient  proves  he has his residence. 
If the recipient  establishes  his residence  in a country 
for which  no weighting  has been  fixed,  the weighting 
for Belgium  shall  be applied. Pensions  expressed  in Belgian  francs  shall  be paid  in 
one of the currencies  referred  to in Article  45 of 
Annex  VIII  in manner  provided  in the  second 
paragraph  of Article  63.' 
Article  10 
The following  Chapter  5 and  Article  85a  are inserted 
after  Article  85: 
'CHAPTER  5 
Subrogation  in favour  of the Communities 
Article  85a 
1. Where  the death,  accidental  injury  or sickness  of 
a person  covered  by these  Staff  Regulations  is caused 
by a third  party,  the Commission  shall,  in respect  of 
the obligations  incumbent  upon  them  under  the Staff 
Regulations  consequent  upon  the event  causing  such 
death,  injury  or sickness,  stand  subrogated  to the 
rights,  including  rights  of action,  of the victim  or of 
those  entitled  under  him  against  the third  party. 
2. The  subrogation  provided  for by the foregoing 
paragraph  shall  extend  inter  alia  to the following: 
— continued  payment  of  remuneration  in 
accordance  with  Article  59 to the official  during 
the period  when  he is temporarily  unfit  to work, 
— payments  effected  in accordance  with  Article  70 
following  the death  of an official  or of a former 
official  entitled  to a pension, 
— benefits  paid  under  Articles  72 and  73 and  their 
implementing  rules,  relating  to insurance  against 
sickness  and accident, 
— payment  of the costs  involved  in transporting  the 
body,  as referred  to in Article  75, 
— supplementary  family  allowances  paid  in 
accordance  with  Article  67 (3) and with  Article  2 
(3) and  (5)  of Annex  VII  in respect  of a 
dependent  child  suffering  from  serious  illness, 
infirmity  or handicap, 
— invalidity  pensions  paid  in the event  of accident 
or sickness  resulting  in permanent  invalidity 
preventing  the  official  from  performing  his 
duties, 
— survivor's  pensions  paid  in the event  of the death 
of an official  or of a former  official  or the death 
of the spouse  of an official  or of a former  official 
entitled  to a pension,  where  the spouse  is not an 
official, 
No C 191/12 Official  Journal  of the European  Communities 30. 7. 79 
— orphan's  pensions  paid  regardless  of age  to the 
child  of an official  or former  official  prevented 
by serious  illness,  infirmity  or handicap  from 
earning  a livelihood  after  the death  of the person 
on whom  he was  dependent. 
3. However,  the  Communities  shall  not  be 
subrogated  to rights  of compensation  in respect  of 
purely  personal  damage  such  as non-material  injury, 
damages  for pain  and  suffering  or compensation  for 
disfigurement  and  loss  of amenity  over  and  above 
the allowance  granted  under  Article  73. Under  no 
circumstances  shall  subrogation  be to the detriment 
of the official.' 
Article  11 
Article  105  is repealed. 
Article  12 
In the first  and  second  indents  of paragraph  2 and  in 
paragraphs  4-4.6  6 of Article  107,  '65'  is replaced 
by'60'. 
Article  13 
The following  Article  107a  is inserted  after  Article  107: 
'Article  107  a 
The provisions  of Article  107,  as in force  until 
shall  continue  to apply  to officials  covered  by 
the said  provisions  who  remain  in service  after  the 
age of 60.' 
Article  14 
The final  paragraph  of Article  2 of Regulation  (EEC, 
Euratom,  ECSC)  No 259/68,  under  which  Articles  93 
to 105  of the  Staff  Regulations  of officials  of the 
European  Coal  and Steel  Community  continue  to apply, 
shall  have  effect  as if it replaced  the reference  to 65 
years  of age in Article  102  (2) (b), (d), (e) and (f) of the 
said Staff  Regulations  by a reference  to 60 years  of age. 
The said  Article  102,  as in force  until  ,  shall 
continue  to apply  to officials  covered  by it who  remain 
in service  after  the age of 60. Article  1S 
In Annex  VIII,  Article  4 is replaced  by the following: 
'Article  4 
An official  who  having  previously  completed  a 
period  of activity  in the  service  of one  of the 
institutions  either  as an official  or as a member  of 
the temporary  staff  resumes  active  employment  with 
a Community  institution  shall  acquire  further 
pension  rights.  He may  request  that,  for the purpose 
of calculating  his pension  rights,  the whole  of this 
period  of service  as an official  or a member  of the 
temporary  staff  be taken  into  account,  subject  to his 
repaying  any  sums  paid  to him  pursuant  to Article 
12 below  or to Article  39 of the  conditions  of 
employment  of other  servants  or received  by him  by 
way of retirement  pension,  plus  compound  interest 
at the rate  of 3 5% per annum. 
Where  the  official,  being  entitled  to a retirement 
pension,  does  not repay  the sums  referred  to in the 
preceding  paragraph,  a capital  sum  representing  the 
actuarial  equivalent  of his retirement  pension  as at 
the date  on which  such  pension  ceased  to paid  to 
him, plus  compound  interest  at the rate  of 3 5% per 
annum,  shall  be paid  to him  in the  form  of a 
deferred  retirement  pension  payable  at the age when 
he ceases  to perform  his duties. 
Where  an official,  on terminating  his service,  is 
entitled  to a severance  grant,  this  grant  shall  be 
reduced  by the amount  of the payments  made  under 
Article  42 of the conditions  of employment  of other 
servants;  where  he is entitled  to a retirement 
pension,  his  pension  rights  shall  be reduced  in 
proportion  to the  payments  made  under  that 
Article.' 
Article  16 
Article  5 of Annex  VIII  is replaced  by the following: 
'Article  5 
Notwithstanding  the  provisions  of Article  2, an 
official  who,  having  one  of the  administrative 
statuses  set out in Article  35 of the Staff  Regulations 
and having  less than  35 years  of pensionable  service 
at the  age  of 60 has,  at his own  request,  been 
permitted  to retire  in accordance  with  the second 
indent  of Article  52 of the Staff  Regulations,  shall  be 
entitled  to an increase  in pension  equal  to one 
quarter  of the  pension  rights  already  accruing  to 
him. He shall  also  be entitled  to an increase  in 
pension  corresponding  to two  and  a half  years  of 
pensionable  service,  but  so that  his total  pension 
shall  not  exceed  70%  of his  final  basic  salary 
calculated  in accordance  with  the second  or third 
paragraph,  whichever  is applicable,  of Article  77 of 
the Staff  Regulations.' 
30. 7. 79 Official  Journal  of the European  Communities No C 191/13 
Article  17 
In Annex  VIII  the following  Article  5a is inserted  after 
Article  5: 
'Article  5a 
The provisions  of Article  5 of Annex  VIII,  as in force 
up to ,  shall  continue  to apply: 
— to an  official  who,  having  one  of  the 
administrative  statuses  set out  in Article  35 of 
the Regulations  on ....  remains  in service  after 
the age of 60, 
— to a former  official  entitled  after  the age of sixty 
to an allowance  under  Article  50 of the  Staff 
Regulations,  Article  5 of Regulation  (EEC, 
Euratom,  ECSC)  No  259/68,  Article  3 of 
Regulation  (Euratom,  ECSC,  EEC)  No 2530/72 
or Article  3 of  Regulation  (ECSC,  EEC, 
Euratom)  No 1543/73. 
However,  in the case  of the official  referred  to in the 
first indent,  who,  being  aged  over  60 on ...,  is at his 
own request  granted  a retirement  pension  before  the 
age of 65, the increase  in pension  received  pursuant 
to Article  5 of Annex  VIII  as in force  up to 
shall  be made  up to one  quarter  of the amount  of 
pension  rights  acquired  by him  at the age of 60. 
The beneficiary  shall  also  receive  an  increase 
corresponding  to half  the  years  of pensionable 
service  which  he would  have  acquired  had  he 
remained  in service  until  the  age  of 65,  excluding 
however  any  other  increase  provided  for under  the 
former  provisions  of Article  5 of Annex  VIII,  but so 
that his total  pension  shall  not  exceed  70%  of his 
final  basic  salary  calculated  in accordance  with  the 
second  or third  paragraph,  whichever  is applicable, 
of Article  77 of the Staff  Regulations.' 
Article  18 
In Article  9 of Annex  VIII: 
— in the first  sentence  the phrase  'or having  left'  is 
inserted  after  the word  'leaving', 
— the  following  paragraph  is added: 
'The  above  coefficients  shall  not,  however,  be 
applied  to the retirement  pension  granted  at the 
official's  own  request,  in accordance  with  rules 
v to be  adopted  by  agreement  between  the 
institutions,  to an official  having  one  of the 
administrative  statuses  set out  in Article  35 of 
the Staff  Regulations  prior  to his  retirement who,  during  the  five  years  following  the 
accession  of a new  Member  State,  provides  proof 
that he is between  the ages  of 50 and  60. For the 
purposes  of Articles  72 and  81 of the  Staff 
Regulations,  such  official  shall  be deemed  to 
have  remained  in the service  of the Communities 
until  the age of 60.' 
Article  19 
The following  paragraph  is added  to Article  11 of 
Annex  VIII: 
'3. An  official  who,  having  exercised  all the rights 
which  he enjoys  under  paragraph  2, still  cannot 
have  a number  of years  of pensionable  service 
credited  to him  which  is equivalent  to the number  of 
working  years  in respect  of which  he has made  the 
payment  specified  in paragraph  2, may  request  that 
the remaining  years  be taken  into  account. 
An official  who  by reason  of the  nature  of his 
employment  prior  to appointment  as an official  is 
not eligible  for the procedure  of paragraph  2 may, 
in so far as he is not already  entitled  to a pension  in 
respect  of the  years  during  which  he was  so 
employed,  request  that  those  years  be credited  to. 
him. 
An official  may  take  advantage  of the  facility 
offered  in the  two  foregoing  subparagraphs  upon 
payment  of the  relevant  sum  by way  of monthly 
deductions  from  his  remunerations;  these 
instalments  may  not  exceed  the rate  laid  down  in 
Article  83 (2) of the  Staff  Regulations,  for which 
purpose  weightings  shall  be disregarded,  and  his 
total  pension  may  not  exceed  the.  maximum 
retirement  pension  provided  for in Article  77 of the 
Staff  Regulations. 
For every  three  years  of monthly  payments  as 
specified  above  the  official  shall  be credited  with 
one year  of pensionable  service.  For  every  fraction 
of threee  years  he  shall  be  credited  with  a 
corresponding  fraction  of one  year  of pensionable 
service.  If the  deductions  are  lower  than  the  rate 
specified  in the foregoing  subparagraph,  the period 
to be credited  shall  be reduced  proportionately. 
The procedure  to be followed  and  the transitional 
measures  whereby  officials  who  are unable  to make 
the necessary  number  of payments  before  retirement 
shall  be able  to transfer  their  pension  rights  shall  be 
fixed  by each  institution.  The  number  of years 
credited  on this  basis  may  not  however  exceed  one 
third  of the number  of years  spent  in the service  of 
the institutions.' 
No C 191/14 Official  Journal  of the European  Communities 30. 7. 79 
Article  20 
The first  paragraph  of Article  14 of Annex  VIII  is 
replaced  by the following: 
The right  to receive  payment  of invalidity  pension 
shall  have  effect  from  the first  day  of the calendar 
month  following  the  official's  retirement  under 
Article  53 of the Staff  Regulations.' 
Article  21 
In the first  paragraph  of Article  17 of Annex  VIII  the 
words  'or  of age'  are  inserted  after  'irrespective  of 
length  of service'. 
Article  22 
The following  new  Article  17a  is inserted  after  Article 
17 of Annex  VIII: 
'Article  17a 
Subject  to the provisions  of Article  1(1)  and  Article 
22, the widow  of a former  official  who  was  removed 
from  his post  or whose  service  was  terminated  by 
virtue  of  Regulation  (EEC,  Euratom,  ECSC) 
No 259/68,  (Euratom,  ECSC,  EEC)  No 2530/72  or 
(ECSC,  EEC,  Euratom)  No 1543/73  and  who  died 
whilst  in receipt  of a monthly  allowance  under 
Article  50 of the Staff  Regulations  or under  one  of 
the abovementioned  Regulations  shall  be entitled, 
provided  that  she  had  been  married  to him  for at 
least  one  year  when  he left  the  service  of an 
institution,  to a widow's  pension  equal  to 60%  of 
the retirement  pension  to which  her husband  would 
have  been  entitled  if he had  qualified,  irrespective  of 
length  of service  or of age,  for such  pension  at the 
time  of death. 
The amount  of the widow's  pension  provided  for in 
the preceding  paragraph  shall  not  be less  than  the 
amount  provided  for  in the  second  paragraph  of 
Article  79 of the Staff  Regulations.  The  amount  of 
the widow's  pension  shall  in no case,  however, 
exceed  the  amount  of the  first  payment  of the 
retirement  pension  to which  the  former  official 
would  have  been  entitled  assuming  that,  had  he 
stayed  alive  and  exhausted  his rights  to one  or other 
of the abovementioned  allowances,  he would  have 
been  entitled  to a retirement  pension. 
The duration  of the marriage  shall  not be taken  into 
account  if there  are  one  or more  children  of a 
marriage  contracted  by the official  before  he left the 
service,  provided  that  the widow  maintains  or has 
maintained  those  children. 
Nor shall  the duration  of the marriage  be taken  into 
account  if the former  official's  death  occurs  in one  of 
the circumstances  described  in the second  paragraph 
of Article  17.' Article  23 
In Article  19 of Annex  VIII  the words  'subject  to the 
provisions  of Article  22 and'  are inserted  after  'shall  be 
entitled'. 
Article  24 
In Article  20 of Annex  VIII,  the words  'Articles  18 and 
19' are replaced  by 'Articles  17a,  18, 18a  and  19'. 
Article  25 
In the first  paragraph  of Article  23 of Annex  VIII  the 
word  'or' is inserted  at the end  of the second  indent  and 
the following  third  indent  is added 
'— where  the official's  death  occurs  in one  of the 
circumstances  described  in  the  second 
paragraph  of  Article  78  of  the  Staff 
Regulations,  half  the  invalidity  pension  to 
which  the official  would  have  been  entitled  if, 
had he not died,  he would  have  suffered  from 
total  permanent  invalidity'. 
Article  26 
Article  27 of Annex  VIII  is amended  to read  as follows: 
'The  divorced  wife  of an official  or a former  official 
shall  be entitled  on his death  to a survivor's  pension, 
as defined  in this  Chapter,  provided  that  the Court 
which  pronounced  the decree  of divorce  did not find 
that the divorced  wife  was  solely  to blame. 
The divorced  wife  must  also  prove  on the death  of 
her former  husband  that  she  is entitled  to receive 
maintenance  from  her former  husband  in her  own 
right  by virtue  of a court  order  or as a result  of a 
settlement  between  herself  and  her former  husband. 
The survivor's  pension  may  not,  however,  exceed  the 
amount  of such  maintenance,  the  amount  having 
being  adjusted  in the  same  way  as the  survivor's 
pension. 
The divorced  wife's  entitlement  shall  cease  if she 
remarries  before  her  former  husband  dies.  The 
provisions  of Article  26 shall  apply  if she remarries 
after  her former  husband  dies.' 
Article  27 
The first  paragraph  of Article  28 of Annex  VIII  is 
replaced  by the following: 
'Where  the deceased  official  leaves  more  than  one 
divorced  wife  entitled  to survivor's  pension  or one 
or more  divorced  wives  and  a widow  entitled  to a 
30. 7. 79 
survivor's  pension,  that  pension  shall  be divided  in 
proportion  to the duration  of the marriages.  The 
provisions  of the second  and  third  paragraphs  of 
Article  27 shall  apply.' 
Article  28 
In Article  30 of Annex  VIII  the  words  'in active 
employment'  are replaced  by the words  'having  one  of 
the statuses  listed  in Article  35 of the Staff  Regulations'; 
(the second  amendment  does  not  affect  the English 
version). 
Article  29 
(This  amendment  does  not affect  the English  version). 
Article  30 
The following  new  Article  31a  is inserted  after 
Article  31 of Annex  VIII: 
'Article  31a 
The spouse  or persons  recognized  as dependants  of a 
former  official  within  the meaning  of Article  18a  of 
Annex  VIII,  or of a former  official  entitled  to an 
allowance  either  under  Article  50 of the  Staff 
Regulations  or under  Regulations  (EEC,  Euratom, 
ECSC)  No  259/68  or (Euratom,  ECSC,  EEC) 
No 2530/72  or (ECSC,  EEC,  Euratom)  No 1543/73 
may,  if the  former  official's  whereabouts  are 
unknown  for  more  than  one  year,  provisionally 
receive  the survivor's  pension  to which  they  would 
be entitled  under  this  Annex.' 
Article  31 
(This  amendment  does  not affect  the English  version.) 
Article  32 
In Article  33 of Annex  VIII: 
— a reference  to Article  31a  is inserted  between  the 
references  to Articles  31 and  32, 
— the  words  'or pensioner'  are replaced  by the words 
'or former  official'. 
Article  33 
1. The  words  'or former  official'  are inserted  after  the 
word  'official'  or the words  'or former  official's'  are No C 191/15 
inserted  after  'official's'  (as the case  may  be) in the first 
subparagraph  of Article  21 (1),  the third  paragraph  of 
Article  22, the first  and  last  paragraphs  of Article  23, 
the first  sentence  of Article  24, Article  25, the second 
paragraph  of Article  34, Article  42 and  Article  46 of 
Annex  VIII. 
2. The  words  'the  official'  are replaced  by 'the  former 
official'  or the words  'the  official's'  are replaced  by 'the 
former  official's'  (as the case  may  be) in the second  and 
third  paragraphs  of Article  14, Articles  15 and  16, the 
second  paragraph  of Article  18 (a), the second  indent  of 
Article  23, and  Articles  31 and  43 of Annex  VIII. 
Article  34 
The last  paragraph  of Article  45 of Annex  VIII  is 
deleted. 
Article  35 
Article  47 of Annex  VIII  is deleted. 
CHAPTER  2 
Amendments  to the conditions  of employment  of other 
servants  of the Communities 
Article  36 
A second  paragraph  is added  to Article  13, reading  as 
follows: 
'Article  33 of the Staff  Regulations  shall  apply  by 
analogy.' 
Article  37 
Article  15 is amended  as follows: 
1. The  two  former  paragraphs  are  joined  as 
paragraph  1. 
2. The  following  new  paragraph  is added: 
'2. Article  43 of the Staff  Regulations,  concerning 
reports,  shall  apply  by analogy  to servants  within 
the meaning  of Article  2 (a), (c) and  (d).' 
Article  38 
In the second  paragraph  of Article  16, the words  'not 
less than  one  month'  are replaced  by 'not  less  than  12 
months'. 
Article  39 
The last  paragraph  of Article  28 is replaced  by the 
following: 
'If a member  of the temporary  staff  proves  that  he 
cannot  obtain  cover  under  any  other  public  sickness 
insurance  scheme,  he may,  on application  made  at Official  Journal  of the European  Communities 
No C 191/16 Official  Journal  of the European  Communities 30. 7. 79 
the latest  within  one  month  following  the expiry  of 
his contract,  continue  to benefit  from  the sickness 
cover  provided  for  in the  first  paragraph  of this 
Article,  for a period  of not  more  than  six months 
after  the expiry  of his contract.  The  contributions 
provided  for  in Article  72  (1)  of the  Staff 
Regulations  shall  be based  on his last  basic  salary 
and half  thereof  shall  be charged  to him. 
The appointing  authority  may,  after  obtaining  the 
advice  of the institution's  medical  officer,  decide  that 
the one-month  time  limit  within  which  the 
application  must  be made  in accordance  with  the 
preceding  paragraph  shall  not  apply  where  the 
person  concerned  is suffering  from  a serious  or 
protracted  illness  contracted  during  his employment, 
which  he has reported  to the institution  before  the 
end of the  six-month  period  provided  for  in the 
preceding  paragraph,  on condition  that  the person 
concerned  undergoes  a medical  examination 
arranged  by the institution.' 
Article  40 
The following  new  Article  28a  is inserted  after  Article 
28: 
'Article  28a 
A former  member  of the temporary  staff  who  after 
the expiry  of  his  contract  is eligible  for 
unemployment  benefit  or who  would  be eligible  if he 
were  not suffering  from  incapacity  for work  shall  be 
covered  against  sickness  and  maternity  risks  under 
the compulsory  social  security  scheme  of the country 
in which  he establishes  his residence  as regards: 
— the  allowances  provided  for by that  scheme  in 
the event  of incapacity  for work, 
— payments  other  than  those  allowances,  provided 
for by the scheme  in the event  of sickness  or 
maternity. 
Where  the former  member  of the temporary  staff  is 
entitled  to the  benefits  referred  to in the  second 
indent  of the foregoing  paragraph,  his dependants 
shall  be entitled  to the same  benefits. 
The control,  payment  and  reimbursement 
procedures  shall  be similar  to those  described  in the 
second  sentence  of Article  28b.' 
Article  41 
The following  new  Article  28b  is inserted  after 
Article  28a: 
'Article  28b 
A former  member  of the temporary  staff  shall  be 
entitled  to  unemployment  benefit  under  the compulsory  unemployment  insurance  scheme  in the 
Community  country  in which  he establishes  his 
residence.  He shall  be subject  to the  control  and 
payment  procedures  laid  down  by the scheme;  the 
institution  shall  reimburse  the scheme  for the sum 
paid in benefits.' 
Article  42 
A further  paragraph  as follows  is added  to Article  32: 
The servant  may  appeal  against  this  decision  to the 
Invalidity  Committee  provided  for in Article  9 (1) of 
the Staff  Regulations.' 
Article  43 
Article  33 is amended  as follows: 
1. In the third  subparagraph  of paragraph  1, the words 
'by 2%  for  each  year  of pensionable  service  with 
which  he has been  credited  under  Article  11 (2) and 
(3) of Annex  VIII  of the Staff  Regulations  and'  are 
inserted  after  the words  'this  rate  shall  be increased'. 
2. The  last subparagraph  of paragraph  1 is replaced  by 
the following: 
'Persons  entitled  to an invalidity  pension  shall  also 
be entitled  to the family  allowances  provided  for in 
Article  67 of the Staff  Regulations,  in accordance 
with Annex  VIII  of the Staff  Regulations;  household 
allowance  shall  be determined  on the basis  of the 
recipient's  pension.' 
3. Paragraph  4 is amended  as follows: 
(a) The  second  subparagraph  is replaced  by the 
following: 
'If a servant  is not  re-engaged  by  the 
Communities,  he shall  be entitled,  at his own 
option: 
— either  to the severance  grant  provided  for in 
Article  39 calculated  on the  basis  of the 
actual  length  of service; 
— or, where  he is a servant  within  the meaning 
of Article  2 (a),  (c) or (d) and  has  reached 
the age of at least  50 years,  to a retirement 
pension  in accordance  with  Chapter  3 of 
Title  V of the Staff  Regulations  and  Annex 
VIII to the Staff  Regulations.' 
(b) The  following  third  subparagraph  is inserted: 
'The time  during  which  he received  invalidity 
pension  shall  be included  for  the  purpose  of 
calculating  his  retirement  pension,  without 
payment  by him  of arrears  of contributions.' 
Article  44 
Article  34 is amended  as follows: 
1. The  last sentence  of the first  paragraph  is deleted. 
30. 7. 79 Official  Journal  of the European  Communities No C 191/17 
2. The  second  paragraph  is deleted. 
3. In the  third  paragraph,  which  now  becomes  the 
second,  the words  'entitled  to an invalidity  pension 
or a former  servant'  are inserted  after  the words 
'where  a former  servant',  and  the phrase  '(c) or (d)' 
is replaced  by the phrase  '(a),  (c) or (d)\ 
4. The  following  paragraph  is added: 
'Where  the  whereabouts  of a member  of the 
temporary  staff,  or of a former  member  of 
temporary  staff  entitled  to  an  invalidity  or 
retirement  pension,  or of a former  member  of 
temporary  staff  who  left  the  service  before  he 
reached  the age of 60 and  who  has requested  that 
his retirement  pension  be deferred  until  the first  day 
of the calendar  month  following  that  in which  he 
reaches  the age of 60, are unknown  for more  than 
one year,  the provisions  of Chapters  5 and  6 of 
Annex  VIII  to the Staff  Regulations  dealing  with 
provisional  pensions  shall  apply  by analogy  to his 
spouse  and  to  persons  recognized  as-  his 
dependants.' 
Article  45 
The first  paragraph  of Article  36 is amended  to read  as 
follows: 
'The widow  of a servant  shall  be entitled  to a 
widow's  pension  in accordance  with  Chapter  4 of 
Annex  VIII  to the Staff  Regulations.  The  pension 
shall  be not  less  than  35%  of the  final  basic 
monthly  salary  received  by the servant,  nor less than 
the minimum  subsistence  figure  defined  in Article  6 
of Annex  VIII  to the Staff  Regulations.  Where  a 
servant  within  the meaning  of Article  2 (c) or (d) 
dies,  the amount  of the widow's  pension  shall  be 
increased  to 60 % of the retirement  pension  which 
the servant  would  have  been  paid  if he had 
qualified,  irrespective  of length  of service  or age,  for 
such pension  at the time  of his death.' 
Article  46 
Article  37 is amended  as follows: 
1. The  following  paragraph  is inserted  after  the third 
paragraph: 
'In the event  of the death  of a former  member  of the 
temporary  staff  within  the meaning  of Article  2 (a), 
(c) or (d) who  left  the service  before  reaching  the 
age of 60 and  requested  that  his retirement  pension 
be deferred  until  the first  day of the calendar  month 
following  that  in which  he reached  the age  of 60, 
children  deemed  to be his dependants  in accordance with Article  2 of Annex  VII to the Staff  Regulations 
shall  be entitled  to an orphan's  pension  on the same 
conditions  as those  set  out  in the  foregoing 
paragraphs.' 
2. In what  was  the fourth  paragraph,  the words  'or of 
a former  member  of the temporary  staff  entitled  to a 
retirement  or invalidity  pension'  are inserted  after 
the second  occurrence  of the words  'of a member  of 
the temporary  staff;  the words  'on the latter'  are 
replaced  by 'on the surviving  spouse'. 
Article  47 
The following  new  Article  38a  is inserted  after  Article 
38: 
'Article  38a 
Article  81a  of the  Staff  Regulations,  relating  to 
ceilings  and apportionment,  shall  apply  by analogy.' 
Article  48 
Article  39 is amended  as follows: 
1. The  first  subparagraph  of paragraph  1 is replaced 
by the following: 
'On leaving  the service  a servant  within  the meaning 
of Article  2 (b) shall  be entitled  to a severance  grant 
as provided  in Article  12 of Annex  VIII  to the Staff 
Regulations.' 
2. In paragraph  2 the phrase  '(c) or (d)' is replaced  by 
the phrase  '(a),  (c) or (d)'. 
3. The  following  new  paragraph  3 is inserted: 
'3. A person  who  became  entitled  to a retirement 
pension  at the  age  of 60 or thereafter  shall  be 
entitled  to the  family  allowances  provided  for  in 
Article  67 of the Staff  Regulations  in accordance 
with Annex  VII  to the  Staff  Regulations;  the 
household  allowance  shall  be calculated  on the basis 
of the recipient's  pension.' 
Article  49 
Chapter  6 is amended  as follows: 
1. — Section  D is entitled  as follows:  'Funding  of the 
invalidity  •and  life assurance  scheme  and  of the 
pension  scheme.' 
— Article  41 is to read  as follows:  'As regards  the 
funding  of the social  security  scheme  provided 
No C 191/18 Official  Journal  of the European  Communities 30. 7. 79 
for in Sections  B and C, Article  83 of the Staff 
Regulations  and  Articles  36 and  38 of Annex 
VIII to the  Staff  Regulations  shall  apply  by 
analogy.' 
2. After  Article  42 a new  Section  E is inserted, 
containing  Article  43 which  is amended  to read  as 
follows: 
'Section  E — Settlement  of claims  by temporary 
staff 
Article  43 
Articles  40, 41, 42, 43 and  44 of Annex  VIII  to the 
Staff  Regulations  shall  apply  by analogy.' 
3. After  Article  43 a new  Section  F is inserted, 
containing  Article  44 which  is amended  to read  as 
follows: 
'Section  F — Payment  of benefits 
Article  44 
Article  82 of the Staff  Regulations  and  Article  45 of 
Annex  VIII  to the Staff  Regulations,  concerning  the 
payment  of benefits,  shall  apply  by analogy. 
Any sums  due  from  a member  of the temporary 
staff to the  Communities  under  this  insurance 
scheme  at the date  when  the benefits  are payable 
shall  be deducted  from  the amount  of his benefit  or 
from  the benefits  payable  to those  entitled  under 
him in manner  determined  by  the  institution 
referred  to in Article  45 of Annex  VIII  to the Staff 
Regulations.  The  deduction  may  be spread  over  a 
number  of months.' 
4. After  Article  44,  a new  Section  G entitled 
'Subrogation  in favour  of the  Communities'  is 
inserted  containing  the following  new  Article  44a: 
'Article  44a 
The provisions  of Article  85a  of  the  Staff 
Regulations,  relating  to subrogation  in favour  of the 
Communities  shall  apply  by analogy.' 
Article  50 
Article  49 is amended  as follows: 
1. Paragraph  1 is replaced  by the following: 
'1. After  the disciplinary  procedure  provided  for in 
Annex  IX to the  Staff  Regulations,  which  shall 
apply  by analogy,  has  been  followed,  employment 
may be terminated  without  notice  on disciplinary 
grounds  in serious  cases  of intentional  or negligent 
failure  of temporary  staff  to comply  with  their 
obligations.  A reasoned  decision  shall  be taken  by 
the authority  referred  to in the first  paragraph  of 
Article  6, after  the servant  concerned  has been  given 
an opportunity  of submitting  his defence. Before  his employment  is terminated,  a member  of 
temporary  staff  may  be suspended,  in accordance 
with Article  88 of the Staff  Regulations,  which  shall 
apply  by analogy.' 
2. In paragraph  2 the  words  'In  such  cases'  are 
replaced  by the following:  'Where  employment  is 
terminated  in accordance  with  paragraph  1.' 
Article  51 
Paragraph  2 of Article  50 is replaced  by the following: 
'2. In such  cases  the authority  referred  to in the 
first paragraph  of Article  6 shall,  after  hearing  the 
servant  concerned,  and  after  the  disciplinary 
procedure  provided  for in Annex  IX to the Staff 
Regulations,  which  shall  apply  by analogy,  has been 
followed,  declare  that  his employment  is terminated. 
Before  his employment  is germinated,  a member  of 
temporary  staff  may  be suspended  in accordance 
with Article  88 of the Staff  Regulations,  which  shall 
apply  by analogy. 
The provisions  of Article  49 (2) shall  apply.' 
Article  52 
The following  new  Article  50a  is inserted  after 
Article  50: 
'Article  50a 
Without  prejudice  to Articles  49 and  50,  any 
intentional  or negligent  failure  by a member  of the 
temporary  staff  or of a former  member  of the 
temporary  staff  to comply  with  his  obligations 
under  these  Conditions  of Employment  shall  render 
him liable  to disciplinary  action  in accordance  with 
Title  VI  of the  Staff  Regulations  and  where 
applicable  Annex  IX to the Staff  Regulations,  the 
provisions  of which  shall  apply  by analogy.' 
Article  53 
The following  sentence  is added  to Article  59: 
'Paid  sick  leave  shall  not,  however,  exceed  the 
length  of time,  which  must  in any  event  be not less 
than one  month,  worked  by a member  of the 
auxiliary  staff.' 
CHAPTER  3 
Transitional  provisions 
Article  54 
1. A person  entitled  to a pension  or allowance  whose 
pecuniary  entitlements  are  reduced  by reason  of this 
30. 7.79 Official  Journal  of the European  Communities No C 191/19 
Regulation  shall  receive  an  allowance,  calculated 
monthly,  equal  to the  difference  between  the  net 
amounts  received  prior  to the entry  into  force  of this 
Regulation  and  the net amounts  redeived  pursuant  to 
the new  provisions. 
For the purpose  of calculating  the net amounts  received 
prior  to the entry  into  force  of this  Regulation,  the re-
cipient  shall  be deemed  to have  been  in the same  circum-
stances  as to dependants  as apply  at the time  of calcu-
lation  of the allowance. 
For the purpose  of calculating  the net amounts  referred 
to in the first  and  second  paragraphs,  weightings  shall 
be disregarded.  This  allowance  shall  be weighted  and 
paid in manner  provided  in Article  82 (1). 
It shall  cease  to be payable  not later  than  six years  fol-
lowing  the entry  into  force  of this  Regulation. 
2. These  provisions  shall  apply  by  analogy  to 
temporary  staff. 
3. They  shall  also  extend  to persons  entitled  to a 
survivor's  pension  under  Articles  27 and  28 of Annex 
VIII to the Staff  Regulations. 4. An  official  aged  60 or over  when  this  Regulation 
enters  into  force  shall  be given  longer  than  the length  of 
time specified  in the new  second  indent  of Article  52 of 
the Staff  Regulations  to submit  a request  for retirement. 
CHAPTER  4 
Final  provisions 
Article  55 
This Regulation  shall  enter  into  force  on the  day 
following  its publication  in the Official  Journal  of the 
European  Communities. 
However,  Article  54 (3) shall  take  effect  from  4 May 
1978. 
This Regulation  shall  be binding  in its entirety  and 
directly  applicable  in all Member  States.