Amended proposal for a Council Regulation (EC, Euratom, ECSC) amending Articles 1 and 2 of Regulation (EEC, Euratom, ECSC) No 259/68 laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities
Date: 1995-11-30
Institutions: European Commission
Subjects: European Ombudsman, European official, power to appoint, regulations for civil servants, servant (EU)

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels,  30.11.1995 
COM(95)  599  final 

94/0326  (CNS) 

Proposal  for  a 
COUNCIL  REGULATION  (EC. Euratom.  ECSC) 
amending  Article  1 and  Article  2  of  Regulation  (EEC,  Euratom,  ECSC)  No  259/68 
laying  down  the  Staff  Regulations  of  Officials  and the  Conditions  of  Employment 
of  Other  Servants  of  the European  Communities 

(presented  by  the  Commission  pursuant to  Article  189a(2) 
of  the EC  Treaty) 

EXPLANATORY  MEMORANDUM 

On  13 December  1994 the Commission adopted a proposal for a Council Regulation amending 

the  second  paragraph  of  Article  1 of  the  Staff  Regulations  of  Officials  of  the  European 

Communities  and  the  Conditions  of  Employment  of  Other  Servants  of  the  European 

Communities  with  a view  to the Committee  of the Regions being treated  as an  institution  of 

the Communities for  the purposes  of the said  Staff  Regulations  (COM(94) 601 final). 

This  document  was transmitted  to  the  Council  of  Ministers  on  14 December  1994  (4090/95 

STAD 2 FIN  1). 

At  the  plenary  sitting  of  18 May  1995 the Commission  accepted  two amendments  submitted 

by Parliament  with  a view to the Ombudsman  provided  for  in Article  138e of the Maastricht 

Treaty  also being  treated  as  an  institution  of  the  Communities  for  the purposes  of  the  Staff 

Regulations. 

The Commission's initial  proposal  (COM(94) 601 final) should therefore be modified  in order 

to integrate these amendments. 

The Commission is also putting forward  a change to  Article 2 of the Staff Regulations which 

it  seems necessary. 

s\ 

Amended  proposal  for a 

COUNCIL  REGULATION  (EC) 

(EC,  EURATOM,  ECSC)  No 

of 

amending  Article  1 and Article  2 

of  Regulation  (EEC, Euratom,  ECSC)  No  259/68 

laying  down the  Staff  Regulations  of  Officials  and the  Conditions  of  Employment 

of  Other  Servants  of  the  European  Communities 

THE COUNCIL  OF  THE EUROPEAN  UNION, 

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  presented  by  the  Commission  after  consulting  the  Staff 

Regulations  Committee, 

Having  regard to the  opinion  of  the European  Parliament,1 

Having  regard to the  opinion  of the  Court of  Justice,2 

Having  regard to the  opinion  of  the  Court  of  Auditors,3 

Whereas, following  the addition of  the Court of Auditors to the list of  Community  institutions 

by  Article  4  of  the  Treaty  establishing  the  European  Community,  the  reference  to  it  in  the 

second paragraph of Article  1 of Council Regulation (EEC, Euratom, ECSC) No  259/68  laying 

down the  Staff Regulations  of  Officials  and the Conditions  of  Employment  of  Other  Servants 

of  the  European  Communities,4  as  last  amended  by  Regulation  ( 

)  No 

,5  should  be 

removed; 

O J N o L 5 6,  4.3.1968, p. 1. 

L 

Whereas,  following  the  establishment  of  the  Committee  of  the  Regions,  provision  should  be 

made  for  it  to  be  treated  as  an  institution  of  the  Communities  for  the  purposes  of  the  Staff 

Regulations  and the  Staff  Regulations  should  be amended  accordingly, 

Whereas  Article  138e  of  the  Treaty  establishing  the  European  Community  stipulates  that  the 

Ombudsman  is to be  completely  independent  in the performance  of  his duties; whereas,  in  its 

Decision of 9  March  1994 on the regulations and general conditions governing the performance 

of  the  Ombudsman's  duties,6  Parliament  provides  that the  Ombudsman  is  to  be  assisted  by  a 

secretariat  and  that,  in  matters  concerning  his  staff,  he  is  to  have  the  same  status  as  the 

institutions  within  the  meaning  of  Article  1  of  the  Staff  Regulations  of  Officials  of  the 

European  Communities, 

HAS  ADOPTED  THIS  REGULATION: 

Article 1 

The  Staff  Regulations  of  Officials  of  the European  Communities  are amended  as  follows: 

the  second  paragraph  of  Article  1 is  replaced  by  the  following: 

"Save  as  otherwise  provided,  the  Economic  and  Social  Committee,  the  Committee  of 

the Regions  and the Ombudsman  Shall,  for the purposes of these  Staff  Regulations,  be 

treated  as institutions  of  the Communities." 

the  second  paragraph  of  Article  2  is  replaced  by  the  following: 

"In respect  of  officials  of  the  Economic  and  Social  Committee,  the  Committee  of  the 

Regions  and  the  Ombudsman,  the  rules  of  procedure  of  those  Committees  and  of  the 

Ombudsman  shall  determine  who  shall  exercise  the  powers  conferred  by  these  Staff 

Regulations  on  the  appointing  authority." 

O J N oL  113, 4.5.1994, p. 15. 

3 

Article  2 

This Regulation  shall  enter into force on the day of its publication  in the Official  Journal  of the 

European  Communities. 

It  shall  have  effect  from  the  date of  entry  into  force  of  the  Treaty  on  European  Union. 

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

Done  at 

For the  Council 

The  President 

ISSN 0254-1475 

COM(95) 599  final 

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ISBN 92-77-96983-0 

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