Council Regulation (EC, ECSC, Euratom) No 2594/98 of 27 November 1998 amending Regulation (EEC, Euratom, ECSC) No 259/68 laying down the Staff Regulations of officials of the European Communities and the Conditions of Employment of other servants of the Communities
Date: 1998-11-27
Institutions: Council of the European Union
Subjects: European official, pay, regulations for civil servants, residence, servant (EU), social-security benefit

3. 12. 98

EN

Official Journal of the European Communities

L 325/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC, ECSC, EURATOM) No 2594/98

of 27 November 1998

amending Regulation (EEC, Euratom, ECSC) No 259/68 laying down the Staff
Regulations of officials of the European Communities and the Conditions of
Employment of other servants of the 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
Committee (1),

consulting

after

from the Commission
Staff Regulations

the

Having regard to the opinion of the European Parlia-
ment (2),

Having regard to the opinion of the Court of Justice (3),

Having regard to the opinion of the Court of Auditors (4),

Whereas Regulation (ECSC, EEC, Euratom) No 2175/
88 (5) provides for a weighting of 100 to be applied to
payments made under the Community pension scheme
and allowances paid pursuant to Article 50 of the Staff
Regulations to recipients who have established their res-
idence in a non-member country, and to family allow-
ances paid for dependent children of officials or former
officials to other persons residing in a non-member
country;

Whereas, in its judgment of 14 December 1995 in Case
T-285/94, the Court of First Instance found that Article 3
of the said Regulation was unlawful because it conflicted
with the second and third subparagraphs of Article 82(1)
of the Staff Regulations from which it could not depart by
virtue of the principle of the hierarchy of norms;

Whereas the institutions are required to maintain equality
of treatment in respect of their officials irrespective of the
situations in which they are placed in accordance with the
requirements of the service;

Whereas weightings are designed to correct salaries and
emoluments in order to ensure that officials enjoy equiva-

(1) OJ C 266, 25. 8. 1998, p. 13.
(2) OJ C 313, 12. 10. 1998.
(3) Opinion delivered on 14 October 1998.
(4) Opinion delivered on 23 September 1998.
(5) OJ L 191, 22. 7. 1988, p. 1.

lent purchasing power in the various countries where they
are required to take up residence;

Whereas former officials and officials assigned non-active
status, unlike serving officials, choose their place of res-
idence exclusively on personal grounds;

Whereas the considerable differences between the situa-
tion of serving officials and that of former officials and
officials assigned non-active status are justification for
limiting the application of the weightings fixed for non-
member countries to serving officials only;

Whereas these weightings are applied only to the remu-
neration of staff serving in non-member countries and
cannot therefore be applied to the financial entitlements
of persons residing in such countries who are not in
active service;

Whereas the Staff Regulations of Officials laid down by
Regulation (EEC, Euratom, ECSC) No 259/68 (6) and last
amended by Regulation (EC, ECSC, Euratom) No 2458/
98 (7) should therefore be amended,

HAS ADOPTED THIS REGULATION:

Article 1

The Staff Regulations of officials of
Communities are hereby amended as follows:

the European

1. the sixth and seventh subparagraphs of Article 41(3)

shall be replaced by the following:

total

and the

allowance

‘The
remuneration last
received, as referred to in the fourth subparagraph,
shall be weighted at the rate fixed for the country
inside the Communities where the recipient proves he
has his residence.

(6) OJ L 56, 4. 3. 1968, p. 1.
(7) OJ L 307, 17. 11. 1998, p. 1.

L 325/2

EN

Official Journal of the European Communities

3. 12. 98

If the recipient establishes his residence in a country
outside the Communities, the weighting shall be equal
to 100.';

2. the first subparagraph of Article 67(4) shall be replaced

by the following:

‘Where, by virtue of Articles 1, 2 and 3 of Annex VII,
such family allowances are paid to a person other than
the official,
these allowances shall be paid in the
currency of the country in which that person is resid-
ent, calculated where applicable on the basis of the
exchange rates referred to in the second subparagraph
of Article 63. They shall be subject to the weighting for
the country in question if it is inside the Communities
or to a weighting equal to 100 if the country of res-
idence is outside the Communities.';

3. the second and third subparagraphs of Article 82(1)

shall be replaced by the following:

‘They shall be weighted at
the rate fixed for the
country inside the Communities where the recipient
proves he has his residence.

If the recipient of a pension establishes his residence
in a country outside the Communities, the weighting
of 100 shall be applied.'

Article 2

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

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

Done at Brussels, 27 November 1998.

For the Council

The President

C. EINEM