PROPOSAL FOR A COUNCIL REGULATION (ECSC, EC, EURATOM) amending Regulation No 6/66/Euratom, 121/66/EEC with regard to rent allowance
Date: 1994-09-09
Institutions: European Commission
Subjects: European official, allowances and expenses, housing, regulations for civil servants, servant (EU)

COMMISSION OF THE EUROPEAN  COMVTUNITIES 

C0M(94)  369 

f i n al 

B r u s s e l s,  0 9 . 0 9 . 1 9 94 

PROPOSAL FOR A 

COUNCIL REGULATION  (ECSC, EC, EURATOM) 

amending Regulation No 6/66/Euratom,  121/66/EEC 

with regard to rent allowance 

(presented  by the Commission) 

EXPLANATORY  MEMORANDUM 

1. 

In  1966  the  Council,  acting  on  the  basis  of  Article  14a  of  Annex  VII  to  the 

Staff  Regulations,  adopted  an  implementing  Regulation  granting  a  rent 

allowance  to  officials  in  certain  places  of  employment.  At  the  outset,  this 

allowance  covered  only  a  few  places  of  employment  (in  Germany,  France,  the 

United  Kingdom  and  Switzerland)  and  was  limited  to  5%  of  remuneration. 

In  January  1991  the  Council  adopted  Regulation  No  150/91,  which  amended 

the  1966  Regulation,  removing  the  ceiling  and  extending  the  allowance  to  staff 

posted  to  places  in  all  Member  States  except  Belgium  and  Luxembourg  under 

the  rotation  system. 

Article  2  also  laid  down  that  the  Regulation  was  applicable  from 

1 January  1991  to  31  December  1993  and  that  the  Council  could  decide  to 

extend  it,  on  a  proposal  from  the  Commission. 

2. 

A  report  was  laid  before  the  Council  on  3  December  1993, with  a  proposal  for 

a  Regulation  extending  the  allowance.  It  concluded  that  the  rules  in  question 

had  been  applied  with  the  necessary  rigour  and  that  the  circumstances  which 

warranted  the  amendment  of  the  1966  Regulation  still  prevailed. 

It  stressed  that  there  had  been  an  improvement  in  the  recruitment  of  candidates 

to  posts  in  the  Offices,  due  in  part  to  the  assistance  granted  in  respect  of 

accommodation. 

It  added  that  the  sudden  abolition  of  the  allowance  would  put  staff  in  a 

difficult  financial  position  and  potentially  disrupt  the  operation  of  the  Offices 

3. 

The  Commission  therefore  proposed  that  the  Council  extend  the  application  of 

Regulation  No  150/91  for  a  further  five  years. 

Since  a  qualified  majority  was  not  reached,  the  Commission  decided  to  leave 

the  original  proposal  before  the  Council  as  an  instrument  satisfying  the 

requirements  of  all  staff  subject  to  rotation  in  the  places  in  question  and  to 

propose  transitional  measures  for  the  intervening  period.  Faced  with  the 

impasse  in  current  negotiations,  it  is  essential  to  safeguard  at  least  the  rights  of 

staff  who  agreed  to  make  the  move  on  the  financial  and  other  conditions  that 

applied  at  the  time  and  received  rent  allowance  on  31  December  1993 

It  is  accordingly  proposed  that  the  terms  of  Regulation  No  150/91  remain 

applicable  as  an  interim  measure  to  those  staff  for  the  duration  of  their  posting. 

The  number  of  recipients  will  evolve  from  year  to  year  as  follows: 

1994 

1995 

1996 

1997 

1998 

1999 

21 

19 

17 

12 

X 

I 

COUNCIL REGULATION  (ECSC, EC, EURATOM) No 

/94 

of 

amending Regulation  No 6/66/Euratom,  121/66/EEC 
with regard to rent  allowance 

THE COUNCIL OF THE EUROPEAN  UNION, 

Having regard  to the  Staff  Regulations  of Officials  and the Conditions of  Employment 
of Other  Servants of the European  Communities  laid  down  by  Regulation  (EEC, 
Euratom,  ECSC) No 259/68,1 as last amended by Regulation  (EEC, Euratom,  ECSC) 
No 3608/93,2 and in particular  Article  14a of Annex VII thereto, 

Having regard to Council  Regulation No 6/66/Euratom,  121/66/EEC  of 28 July  1966 
laying down the list of places for  which a rent allowance may be granted,  the 
maximum  amount  of that allowance and the rules for  granting it,3 

Having regard to Council Regulation  (ECSC, EEC, Euratom) No  150/91 of 
21 January  1991 amending Regulation  6/66/Euratom,  121/66/EEC with regard to rent 
allowance,4 

Having regard to the proposal  from  the  Commission, 

Whereas Regulation No  150/91 expired  on 31 December  1993; 

^ J N o L S ô,  4. 3.  1968, p. 1 

2OJNoL  328, 29 12 1993,p.1 

JOJ  No L  150,  12. 8.1966,  p.2749-2766. 

4OJNOL  18, 24.  1.  1991, p.l 

4 

Whereas  on  2  December  1993  the  Commission  proposed  to the  Council  that 

Regulation  150/91  be  extended  for  five  years, 

Whereas  a  decision  to  extend  the  said  Regulation  has  not  been  taken, 

Whereas,  meanwhile,  commitments  valid  beyond  31  December  1993  may  have  been 

entered  into  on  the  basis  of  Regulation  150/91  by  officials  posted  under  a  rotation 

system  to  places  of  employment  other  than  the  seats  of  the  institutions; 

Whereas,  given  the  duration  of  past  practice  and  the  need  to  secure  the  smooth 

operation  of  the  departments  located  in  those  places  of  employment,  transitional 

provisions  should  be  adopted  to  protect  officials  who  on  31  December  1993  were  in 

receipt  of  a  rent  allowance  in  accordance  with  the  Regulation  and  who  have  to  bear 

identical  rent  charges  after  that  date; 

Whereas  provisions  applying  until  31  December  1999 would  be  reasonable  in  view  of 

the  financial  commitments  entered  into by  those  officials  in  relation  to 

accommodation, 

HAS  ADOPTED  THIS  REGULATION 

Article  1 

The  following  Article  is  inserted  in  Council  Regulation  No  6/66/Euratom, 

121/66/EEC: 

"Article  6a 

By  way  of  derogation  from  Articles  2  and  6,  officials  who  on  31  December  1993  were 

in  receipt  of  a  rent  allowance  in  accordance  with  Regulation  No  150/91  shall  remain 

eligible  for  the  allowance  in  accordance  with  the  conditions  set  out  in  Articles  4 

and  5. 

This  allowance  may  not  be  combined  with  the  allowance  provided  for  in  the  second 

subparagraph  of  Article  14(1)  of  Annex  VII  to  the  Staff  Regulations.  It  shall  be 

limited  to  the  duration  of  the  official's  posting  and  shall  not  be  paid  for  more  than  six 

years  after  the  date  on  which  he  takes  up  duty." 

Article  2 

This  Regulation  shall  enter  into  force  on  the  day  following  that  of  its  publication  in 

the  Official  Journal  of  the  European  Communities. 

It  shall  apply  from  1 January  1994  to  31  December  1999. 

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

States 

Done  at Brussels, 

For the  Council 

The  President 

ANNEX 

FINANCIAL  STATEMENT 

Estimated  effect  on the  budget of the amendment  of  Regulation 
No 6/66  Euratom,  121/66 EEC with  regard  to rent  allowance 

•  "" 

" 

. 1. 

- 

T 

. 

1

1. 

--• 

i. 

, ,. 

i - i . r- 

,, 

, 

•  m 

-  i 

i r - . - T i .i 

. 

r 

• 

• r  • n -i •• , I 

•--•• 

f i ~ i n . i i, 

,  n  • 

• 

Year 

1994 

1995 

1996 

1997 

1998 

1999 

ECU  (estimated) 

79 000 

71 850 

55 700 

27 000 

15 750 

750 

ISSN 0254-1475 

COM (94) 369 final 

DOCUMENTS 

EN 

oi 

Catalogue number : CB-CO-94-384-EN-C 

ISBN 92-77-80022-4 

Office for Official Publications of the European Communities 
L-2985 Luxembourg 

¥