Opinion of the European Monetary Institute at the request of the Council of the European Union under Articles 106(6) and 109f(8) of the Treaty establishing the European Community (the Treaty) and Article 42 of the Statute of the ESCB on a proposal from the Commission for a Council Regulation (Euratom, ECSC, EC) amending Regulation (Euratom, ECSC, EEC) No 549/69 determining the categories of officials and other servants of the European Communities to whom the provisions of Article 12, the second paragraph of Article 13 and Article 14 of the Protocol on the privileges and immunities of the European Communities apply
Date: 1998-04-06
Institutions: European Monetary Institute
Subjects: European Central Bank, European Monetary Institute, European official, opinion, parliamentary immunity, privilege

18.6.98

EN

Official  Journal  of  the  European  Communities

C  190/9

OPINION  OF  THE  EUROPEAN  MONETARY  INSTITUTE

at  the  request  of  the  Council  of  the  European  Union  under  Articles  106(6)  and  109f(8)  of  the
Treaty  establishing  the  European  Community  (the  Treaty)  and  Article  42  of  the  Statute  of  the
ESCB  on  a  proposal  from  the  Commission  for  a  Council  Regulation  (Euratom,  ECSC,  EC)
amending  Regulation  (Euratom,  ECSC,  EEC)  No  549/69  determining  the  categories  of  officials
and  other  servants  of  the  European  Communities  to  whom  the  provisions  of  Article  12,  the
second  paragraph  of  Article  13  and  Article  14  of  the  Protocol  on  the  privileges  and  immunities
of  the  European  Communities  apply

(98/C  190/08)

CON/98/17

1.(cid:217)The  present  opinion  was  requested  in  a  letter  dated
6  March  1998  from  the  Council  of  the  European
Union  which,  for  this  purpose,  forwarded  document
the  EMI.  The  document
COM(97)(cid:216)725 
contained 
explanatory
memorandum.  The  EMI  is  competent  to  deliver  an
opinion  under  Articles  106(6)  and  109f(8)  of  the
Treaty.

to 
proposal 

final 

and 

the 

its 

2.(cid:217)The  Protocol  on  the  privileges  and  immunities  of  the
European  Communities  (the  Protocol)  is  applicable  to
the  ECB  according  to  Article  40  of  the  Statute  of  the
ESCB  and  Article  23  of  the  Protocol.  The  objective  of
the  proposal  is  to  define  the  applicability  to  ECB  staff
of  Articles  12,  13(2)  and  14  of 
the  Protocol,
according  to  which  officials  and  other  servants  of
in  certain
institutions  and  bodies  are 
Community 
respects 
legal  proceedings,  are  not
subject  to  formalities  for  the  registration  of  aliens  and
have  the  right  to  import  free  of  duty  certain  personal
equipment,  and  which  specify  rules  for  the  national
tax  regimen  to  which  such  officials  and  servants  are
subject  (for  taxes  other  than  those  on  salaries).

immune  from 

its 

3.(cid:217)The  proposal  suggests  that  a  new  Article  4a  will
replace  the  old  Article  4a,  which  relates  to  the  EMI,
and  that  the  Regulation  should  enter  into  force  on  the
date  on  which  the  establishment  of  the  ECB  becomes
effective.  The  EMI  considers  such  a  replacement  to  be
problematical  owing  to  the  fact  that,  although  it  is
true  that  the  EMI  will  go  into  liquidation  on  the
establishment  of  the  ECB, 
liquidation  shall  be
completed  by  the  beginning  of  the  third  stage.  Until
the  end  of  the  liquidation  the  ECB  and  the  EMI
(under  liquidation)  will  coexist.  In  particular,  EMI
members  of  staff  will  continue  to  perform  their  tasks,
working  for  the  ECB  under  EMI  contracts,  until  the
expiry  of  such  contracts  or  their  replacement  by  ECB
contracts.  At  the  same  time,  new  ECB  members  of
staff  will  be  hired  under  the  terms  of  ECB  contracts.
Therefore,  it  is  necessary  to  make  provision  for  the
old  Article  4a,  which  relates  to  the  EMI,  to  remain  in
force  until  the  final  day  of  the  liquidation  of  the  EMI,
while  the  new  Article  4a,  which  relates  to  ECB  staff,
must  enter  into  force  on  the  date  on  which  the  estab(cid:220)
lishment  of  the  ECB  becomes  effective.

4.(cid:217)This  opinion  will  be  published  in  the  Official  Journal

of  the  European  Communities.

Frankfurt,  6  April  1998