3.4.86 Official Journal of the European Communities No C 74/11 
Proposal for a Council Regulation laying down special and exceptional provisions applicable to 
officials of the European Communities serving in a country which does not belong to the 
European Communities 
COM(86) 83 final 
(Submitted by the Commission to the Council on 6 March 1986) 
(86/C 74/07) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, Article 2 
The following Annex is inserted after Annex IX: 
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 there should be specific provisions for officials 
serving in a country which is not a member of the 
Community on account of special or exceptional living 
conditions there; 
Whereas it is for the Council, acting by a qualified 
majority on a proposal from the Commission and after 
consulting the institutions concerned, to incorporate 
these special provisions into the Staff Regulations of 
Officials of the European Communities laid down by 
Council Regulation (EEC, Euratom, ECSC) No 259/68, 
as last amended by Regulation No ..., 
HAS ADOPTED THIS REGULATION: 
Article 1 
The following Title VIII a is inserted after Article 101 of 
the Staff Regulations : 
Title VIII a 
'Special and exceptional provisions applicable to 
officials serving in a country which does not belong 
to the European Communities' 
with the following single Article : 
Article 101 a 
Without prejudice to the other provisions of the Staff 
Regulations, Annex X to the Staff Regulations lays 
down the special and exceptional provisions 
applicable to officials serving in a country which does 
not belong to the European Communities. ANNEX X 
'Special and exceptional provisions applicable to 
officials serving in a country which does not belong 
to the European Communities' 
with the following Chapters, Sections and Articles: 
'CHAPTER 1 
GENERAL PROVISIONS 
Article 1 
This Annex lays down the' special and exceptional 
provisions applicable to Community officials serving 
in a country which does not belong to the European 
Communities. 
Article 2 
By decision of the appointing authority in the 
interests of the service officials shall be transferred 
periodically, if necessary without regard to vacant 
posts. 
Posts to be filled by officials serving outside the 
Community shall not be declared vacant until 
completion of the mobility procedure. 
Article 3 
In order to allow retraining periods of limited 
duration as part of the mobility procedure provided 
for in Article 2, the appointing authority may decide 
to assign an official serving outside the Community 
to a posting within the Community; such 
assignments, which shall not be preceded by a 
vacancy notice, may not last for more than four 
years. By way of derogation from the first paragraph 
of Article 1, the appointing authority may decide, on 
the basis of general implementing provisions, that the 
official shall remain subject to certain provisions of 
this Annex for the duration of this temporary 
assignment. 
No C 74/12 Official Journal of the European Communities 3.4.86 
CHAPTER 2 
OBLIGATIONS 
Article 4 
An official shall carry out his duties at the place to 
which he is assigned on recruitment or on transfer in 
the interests of the service following a mobility 
procedure. 
Article 5 
If the institution provides the official with 
accommodation, he shall be required to reside in it, 
provided it is adequate for his dependent family. 
CHAPTER 3 
WORKING CONDITIONS 
Article 6 
An official assigned to a country appearing on a list 
drawn up and periodically revised by the appointing 
authority after consulting the Staff Committee in the 
light of the special conditions prevailing there shall be 
entitled to annual leave of five calendar days for each 
month of service. 
Article 7 
By way of exception the appointing authority may, 
by special reasoned decision, grant an official rest 
leave on account of particularly difficult living 
conditions at his place of employment. For each such 
place, the appointing authority shall determine the 
town(s) where rest leave may be taken. 
. Article 8 
The leave entitlement of officials serving in one of 
the countries appearing on the list referred to in 
Article 6 shall be calculated as follows: 
From the date of taking up duty in a country 
appearing on this list to the date of termination of 
service or transfer to a country not appearing on 
this list, an official shall be entitled to five 
calendar days' leave for each complete month of 
service, to five calendar days for an incomplete 
month consisting of more than 15 days and to 
two and a half calendar days for an incomplete 
month of 15 days or less. 
Where an official, for reasons other than the 
requirements of the service, has not used up all 
his annual leave before the end of the current 
calendar year, the amount of leave which may be 
carried over to the following year shall not 
exceed 20 calendar days. Article 9 
1. Annual leave may be taken all at once or in 
several periods as desired by the official and 
according to the requirements of the service. It must, 
however, include at least one period of 20 
consecutive calendar days. 
2. The rest leave referred to in Article 7 shall not 
exceed a period of 15 calendar days for each year of 
service. It may not be combined with annual leave, 
nor may it be carried over from one year to the next. 
Rest leave shall be extended by travelling time 
calculated in accordance with Article 7 of Annex V 
to the Staff Regulations. 
CHAPTER 4 
EMOLUMENTS AND SOCIAL SECURITY BENEFITS 
SECTION 1 
Emoluments and family allowances 
Article 10 
Remuneration shall include an allowance for living 
conditions. 
In accordance with the general implementing 
provisions, this allowance shall be fixed for the place 
to which the official is assigned as a percentage of 
total basic salary, plus expatriation allowance, 
household allowance and dependent child allowance, 
less the compulsory deductions referred to in the 
Staff Regulations or in any implementing regulations. 
If living conditions at the place of employment are 
such as to place the official at personal risk, the 
amount referred to in the previous paragraph may be 
increased, by special reasoned decision, by up to a 
further 10 % calculated on the same basis. 
The general implementing provisions referred to in 
the first paragraph shall lay down parameters for 
determining the percentage allowance and shall 
include a list of the places for which such an 
allowance is payable and the corresponding rates. 
The list of places and the rates shall be revised by the 
Commission after consulting its Staff Committee. 
This revision shall normally be carried out every year. 
Article 11 
Remuneration, including the allowance for living 
conditions, shall be paid in Belgian francs in Belgium. 
It shall be subject to the weighting applicable to the 
remuneration of officials employed in Belgium. 
3. 4. 86 Official Journal of the European Communities No C 74/13 
Article 12 
At the request of the official, the institution may 
decide to pay all or part of his remuneration in the 
currency of the country of employment. In this case 
it shall be subject to the weighting for the place of 
employment and shall be converted on the basis of 
the rates used to establish the weighting. 
In duly substantiated exceptional cases, the institution 
may make all or part of this payment in a currency 
other than that of the country of employment in such 
a way as to maintain purchasing power. 
Article 13 
If there is a significant change in one of the 
components of the weighting for a particular 
country, the Commission shall adopt measures to 
adjust the weighting and the corresponding exchange 
rate on the basis of general implementing provisions. 
Article 14 
The Commission shall report annually to the Council 
on the adjustment of the weighting referred to in 
Article 13 and on the allowance for living conditions. 
Article 15 
Under the conditions laid down by the appointing 
authority, the official shall receive an education 
allowance to cover the actual education costs 
incurred, on production of supporting documents. 
Apart from in cases deemed exceptional by the 
appointing authority, this allowance 'shall not exceed 
three times the doubled maximum allowance. 
Article 16 
Reimbursements due to officials shall be paid either 
in Belgian francs or in the currency of the country of 
employment on the basis of a reasoned request from 
the official. 
Officials may opt to have installation and 
resettlement allowances paid either in Belgian francs 
or in the currency of the place of installation or 
resettlement; in the latter case they shall be subject to 
the weighting fixed for the place in question and 
converted at the corresponding exchange rate. SECTION 2 
Expenses 
Article 17 
An official not in furnished accommodation provided 
by the institution who, for reasons beyond his 
control, is obliged to change his residence at the 
place of employment shall, by special reasoned 
decision of the appointing authority, be reimbursed 
04053the expenses incurred in respect of removal of 
personal furniture, on production of supporting 
documents and in accordance with the rules on 
removals. 
In such cases he shall be reimbursed his actual instal­
lation expenses on production of supporting 
documents and subject to a ceiling equal to half the 
installation allowance. 
Article 18 
An official who, at his place of employment, is in 
hotel accommodation pending allocation of the 
accommodation provided for in Article 5 of this 
Annex, no longer has access to such accommodation 
or, for reasons beyond his control, has not been able 
to take possession of his accommodation shall be 
reimbursed hotel expenses for himself and his family 
on production of hotel bills, after prior authorization 
by the appointing authority. 
He shall also receive half the daily allowance. 
The expenses referred to in the first two paragraphs 
shall be reimbursed subject to the limits laid down in 
Article 10 of Annex VII to the Staff Regulations 
except where the appointing authority takes a special 
decision that there is a case of force majeure. 
Where hotel accommodation cannot be provided, the 
person concerned shall be entitled to reimbursement 
of the actual cost of renting temporary 
accomodation, after prior approval by the appointing 
authority. 
Article 19 
An official who does not have the use of a staff car 
for travel relating to official business shall receive a 
mileage allowance for the use of his own car. The 
amount of the allowance shall be fixed by the 
appointing authority. 
Article 20 
An official shall be entitled to travel expenses for rest 
leave from his place of employment to the authorized 
No C 74/14 Official Journal of the European Communities 3.4.86 
place of leave for himself and, if he is entitled to 
household allowance, for his spouse and dependants 
if they live with him. 
Where travel by train is impossible or impracticable, 
reimbursement for air travel shall be made by special 
decision, on production of the tickets, regardless of 
distance. 
Article 21 
On taking up duty, an official who is obliged to 
change his place of residence in order to comply with 
Article 20 of the Staff Regulations and Article 4 of 
this Annex and who does not move house shall be 
entitled to reimbursement of the cost of transporting 
his personal effects, subject to the conditions laid 
down by the appointing authority, on production of 
supporting documents. 
Where an official is obliged to change his place of 
residence following a transfer in order to comply 
with Article 20 of the Staff Regulations, the 
institution shall, depending on the accommodation 
that can be provided at the place of employment and 
subject to the conditions laid down by the appointing 
authority, bear the actual cost of moving part or all 
of his personal furniture from its location at the time 
to the place of employment or of transporting his 
personal effects or of storage. Reimbursement may be 
made for any or all of these costs. 
In the event of termination of service or death, the 
institution shall, subject to the conditions laid down 
by the appointing authority, bear the actual cost of 
moving an official's personal furniture from its 
location at the time to his place of origin or of 
transporting his personal effects from his place of 
employment to his place of origin. Reimbursement 
may be made for any or all of these costs. 
In the event of the death of an unmarried official, 
reimbursement shall be made to those entitled under 
him. 
Article 22 
The temporary accommodation allowance and the 
cost of transporting the personal effects of his spouse 
and dependants shall be advanced to the probationer 
official by the institution. 
In the event of the probationer official not being 
established at the end of his probationary period, the 
institution may take steps to recover these sums on 
the basis of the provisions laid down by the 
appointing authority. Article 23 
Where the official is not provided with 
accommodation by the institution, his rent shall be 
reimbursed, provided the accommodation corre­
sponds to the level of his duties and to the 
composition of his dependent family. 
SECTION 3 
Social security benefits and pensions 
Article 24 
The official, his spouse, his children and other 
persons dependent on him shall be covered by supp­
lementary sickness insurance for the difference 
between expenditure actually incurred and payments 
from the scheme provided for in Article 72 of the 
Staff Regulations; no reimbursement shall be made 
under Article 72 (3). 
Half the premium shall be paid by the official and 
half by the institution. However, the official's contri­
bution shall not exceed 0,6 % of his basic salary; any 
balance shall be paid by the institution. 
The official, his spouse, his children and other 
persons dependent on him shall be insured for repatri­
ation on health grounds in case of emergency or 
extreme emergency; the premium shall be paid in toto 
by the institution. 
Article 25 
Depending on the country of service, years of service 
outside the Community may entitle the official to 
extra pension rights of 0,3332 % per month in 
accordance with the following table: 
— countries with normal living conditions (class 1) 
— no increase; 
— countries with difficult living conditions (class 2) 
— two months per year of service; 
— countries with very difficult living conditions 
(class 3) — four months per year of service. 
The list of countries with difficult or very difficult living 
conditions shall be drawn up periodically by the 
institution. 
The total pension shall not exceed 70 % of basic salary. 
The reduction referred to in Article 9 of Annex VIII to 
the Staff Regulations shall affect only the part of pension 
rights acquired as the result of actual service. 
3.4.86 Official Journal of the European Communities No C 74/15 
Article 26 
The spouse, children and other persons dependent on the 
official shall be insured against accidents which may 
occur outside the Community in one of the countries 
appearing on a list adopted for this purpose by the 
appointing authority. 
Half the premium shall be paid by the official and half 
by the institution. 
CHAPTER 5 
DISCIPLINE 
Article 27 
If an official covered by Title VIII a of the Staff Regu­
lations is the subject of a disciplinary procedure, at least 
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 staff of the European Association for 
Cooperation serving in the ACP States carry out a 
representative function for the Commission which has 
increased in the course of time and is now on a scale 
which justifies appointing them officials; 
Whereas it is for the Council, acting by a qualified 
majority on a proposal from the Commission and after 
consulting the institutions concerned, to amend the Staff 
Regulations of officials of the European Communities 
laid down by Council Regulation (EEC, Euratom, 
ECSC) No 259/68, as last amended by Regulation 
No . .., one of the members of the Disciplinary Board drawn by 
lot from each list must be based at a seat of the 
institution. 
CHAPTER 6 
TRANSITIONAL PROVISIONS 
Article 28 
In accordance with implementing rules to be adopted by 
the appointing authority after consulting the Staff 
Committee, an official shall receive remuneration at least 
equal to that which he was receiving the day before 
entry into force of these provisions for a period not 
exceeding the duration of the assignment being carried 
out when these provisions enter into force; he shall 
receive such remuneration for not more than five years.' 
HAS ADOPTED THIS REGULATION: 
Article 1 
Staff members holding a contract of employment as 
delegate, adviser or attache with the European 
Association for Cooperation on 1st January 1987 and 
still under contract on the date this Regulation comes 
into force may be appointed officials of the Commission 
of the European Communities and assigned to one of the 
posts earmarked for this purpose in the Commission's 
establishment plan for 1987. 
Probationary staff members holding a contract of 
employment may be appointed probationary officials. 
Article 2 
The staff members referred to in Article 1 shall be 
appointed, by way of derogation from the second and 
third paragraphs of Article 4, Article 28 (a), Article 
28 (d) and Article 29 of the Staff Regulations of officials 
of the European Communities, and, in the case of those 
referred to in the first paragraph of Article 1, by way of 
derogation also from Article 34 of the Staff Regulations, 
following an opinion from an ad hoc committee set up by 
the appointing authority to examine their qualifications 
and ability. Draft proposal for a Council Regulation introducing special transitional measures for the 
recruitment of overseas staff of the European Association for Cooperation as officials of the 
European Communities 
COM(86) 83 final 
(Submitted by the Commission to the Council on 6 March 1986) 
(86/C 74/08)