Council Regulation (EC, Euratom) No 1748/2002 of 30 September 2002 introducing, in the context of the modernisation of the institution, special measures to terminate the service of officials of the European Communities appointed to an established post in the European Parliament and temporary staff working in the Political Groups of the European Parliament
Date: 2002-09-30
Institutions: Council of the European Union
Subjects: European Parliament, European official, early retirement, pension scheme, recruitment, servant (EU), survivor's benefit, termination of employment

2.10.2002

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Official Journal of the European Communities

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COUNCIL REGULATION (EC, EURATOM) No 1748/2002

of 30 September 2002

introducing, in the context of the modernisation of the institution, special measures to terminate
the service of officials of the European Communities appointed to an established post in the
European Parliament and temporary staff working in the Political Groups of the European
Parliament

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 283 thereof,

Having regard to the Commission proposal submitted after
receiving the opinion of 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),

(7)

(8)

These measures must be applied as far as possible with
due regard for geographical balance, in compliance with
the provisions of this Regulation.

These measures must be budget-neutral. To this end a
monitoring mechanism should be
set up by the
budgetary authority,

HAS ADOPTED THIS REGULATION:

Whereas:

Article 1

(1)

(2)

(3)

(4)

(5)

(6)

The European Parliament has been engaged in a thor-
ough restructuring of its way of operating since 1997,
when the Bureau adopted the new staff policy, based on
the grounds of the new tasks conferred on the European
Parliament by the Treaties.

In the light of four years experience of implementing this
new policy, and with a view to establishing a longer
term policy for recruitment, meeting foreseeable require-
ments for specific required skills, the European Parlia-
ment has been studying its human resource requirements
for the years to come, as part of an exercise to draw up
an operational list of duties and tasks.

The European Parliament is taking the necessary steps,
mainly through training,
to
adjust in the most satisfactory and effective way possible.

to help redeployed staff

However,
the skills of a section of officials and
temporary staff working in the Political Groups, who
have reached the age of 55 and who have completed at
least 15 years of service, are deemed to be too far
removed from the duties to be performed.

The European Parliament needs new skill profiles and a
rebalancing of its establishment plan, but the number of
officials retiring in the normal way will not be sufficient
to allow the necessary skills to be acquired through
recruiting new officials and temporary staff within a
satisfactory timescale.

Special measures should accordingly be adopted with
regard to termination of service together with internal
administrative arrangements for effective monitoring of
the implementation of this Regulation.

(1) Opinion delivered on 24 September 2002.
(2) Opinion delivered on 15 May 2002.
(3) OJ C 236, 1.10.2002, p. 7.

The European Parliament is hereby authorised, in the interests
of the service and in order to take account of the need to renew
skills arising from the process of adjusting its resources to its
activities, to adopt measures up to 31 December 2004 for
terminating the service, within the meaning of Article 47 of the
Staff Regulations, of officials and temporary staff working in
the Political Groups who have reached the age of 55 and have
completed at least 15 years service, with the exception of those
in Grades A 1 and A 2, under the conditions specified by this
Regulation.

Article 2

The total number of officials to be covered by the measures
referred to in Article 1 shall be 100. The total number of
temporary staff working in the Political Groups to be covered
by the measures referred to in Article 1 shall be 24.

Respect for budgetary neutrality shall be monitored during the
end,
annual budget procedure. To this
the Appointing
Authority shall,
the link between the
taking into account
number of officials whose service was terminated and the
number of officials recruited, report to the budgetary authority
at
the condition of
budgetary neutrality is met.

the appropriate time, certifying that

Article 3

Within the ceilings laid down in Article 2, and with due regard
to the interests of the service, the European Parliament, after
having consulted its Joint Committee, shall select, from among
the officials and temporary staff working in the Political Groups
applying for termination of their service under Article 1, those
to whom it wishes to apply this measure.

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It shall consider as a priority officials and temporary staff
affected by the reorganisation measures and measures for
adjusting its resources to its activities, in particular redeploy-
ment, whose skills are deemed to be too far removed from the
duties to be performed. It shall take account of the amount of
training necessary for them to undertake new tasks, their age,
ability, performance, conduct in the service,
family circum-
stances and length of service.

4. Where gross income accruing to the former official or
member of the temporary staff from any new employment,
when combined with the allowance provided for in paragraph
1, exceeds the total gross remuneration last received by the offi-
cial or member of the temporary staff concerned, determined
by reference to the salary scales in force on the first day of the
month for which the allowance is payable, the amount of the
excess shall be deducted from that allowance. That remunera-
tion shall be weighted as provided for in paragraph 3.

Article 4

1.
Former officials and temporary staff whose service is
terminated under Article 1 shall be entitled to a monthly allow-
ance set as a percentage of
the last basic salary received
according to age and length of service at the time of departure
as shown in the table in the Annex to this Regulation. The last
basic salary shall be that for the grade and step held by the offi-
cial or member of the temporary staff concerned at the time of
departure, determined by reference to the table in Article 66 of
the Staff Regulations in force on the first day of the month for
which the allowance is payable.

2.
Such former officials and temporary staff may at any
time, at their own request, receive a retirement pension on the
terms and conditions laid down in the Staff Regulations. Entitle-
ment to the allowance shall then cease. It shall cease in any
event not later than the last day of the month in which the
former official or member of the temporary staff concerned
reaches the age of 65 years or as soon as he or she is eligible
before that age for the maximum retirement pension of 70 %
(Article 77 of the Staff Regulations).

At that point the former official or member of the temporary
staff shall automatically receive a retirement pension, which
shall
the calendar month
following the month in which the allowance was paid for the
last time.

take effect on the first day of

3.
The allowance provided for in paragraph 1 shall be
adjusted by the weighting fixed, in accordance with the second
subparagraph of Article 82(1) of the Staff Regulations, for the
country situated inside the Community in which the recipient
proves that he is resident. Recipients shall provide evidence
each year of their place of residence.

the recipient

If
resides in a country situated outside the
Community, the weighting to be applied to the allowance shall
be 100.

The allowance shall be expressed in euro. It shall be paid in the
currency of the country of residence of the recipient. However,
if it is subject to the weighting of 100 under the second sub-
paragraph, it shall be paid in euro.

An allowance paid in a currency other than euro shall be calcu-
lated on the basis of the exchange rates referred to in the
second subparagraph of Article 63 of the Staff Regulations.

Gross income and total gross remuneration last received, as
referred to in the first subparagraph, mean sums paid after
deduction of social security contributions but before deduction
of tax.

The former official or member of the temporary staff shall give
a formal undertaking to provide any written proof which may
be required,
including an annual statement of income in the
form of a salary statement or audited accounts, as appropriate,
and a sworn or authenticated declaration that he or she is not
in receipt of any other income from any new employment, and
shall notify the institution of any other factor which may affect
his or her right to the allowance, failing which he or she shall
be liable to disciplinary action as provided for in Article 86 of
the Staff Regulations.

5.
As set out in Article 67 of the Staff Regulations and Art-
icles 1, 2 and 3 of Annex VII thereto, the household allowance,
dependent child allowance and education allowance shall be
paid either to the recipient of the allowance provided for in
paragraph 1 or to the person or persons to whom custody of
the child or children has been entrusted by law or by an order
of court or of
the
household allowance shall be calculated by reference to the
allowance provided for in paragraph 1.

the competent administrative authority;

recipients of

Provided that they are not receiving income from any
6.
the allowance shall be
gainful employment,
entitled, in respect of themselves and persons covered by their
insurance,
to benefits under the sickness insurance scheme
provided for in Article 72 of the Staff Regulations provided
they pay the relevant contribution, calculated on the basis of
the allowance provided for in paragraph 1.

During the period for which they are entitled to receive
7.
the allowance, but for not more than 65 months, former offi-
cials and temporary staff shall continue to acquire further rights
to retirement pension based on the salary carried by their grade
and step, provided that the contribution provided for in the
Staff Regulations by reference to that salary is paid during that
period and provided that the total pension does not exceed the
maximum specified in the second subparagraph of Article 77
of the Staff Regulations. For the purposes of Article 5 of Annex
VIII to the Staff Regulations, such period shall be considered to
be a period of service.

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Subject to Articles 1(1) and 22 of Annex VIII to the Staff
8.
Regulations, the surviving spouse of a former official who dies
while in receipt of the allowance provided for in paragraph 1
shall be entitled, provided that the marriage was contracted at
least one year before the former official or member of the
temporary staff left the service of the institution, to a survivor's
pension equal to 60 % of the retirement pension which would
have been payable,
in the absence of any reduction under
Article 9 of Annex VIII to the Staff Regulations being made, to
the former official if he or she had qualified for it at the time of
death.

The survivor's pension referred to in the previous subparagraph
shall not be less than the amounts specified in the second
subparagraph of Article 79 of the Staff Regulations. However,
in no case may it exceed the amount of the retirement pension
to which the former official or member of the temporary staff
would have been entitled had he or she survived and been
granted a retirement pension when ceasing to be eligible for
the allowance referred to above.

member of the temporary staff before he or she left the service
provided that the surviving spouse maintains or has maintained
those children.

Nor shall the duration of the marriage be taken into account if
the death of the former official or member of the temporary
staff resulted from one of the circumstances referred to at the
end of the second subparagraph of Article 17 of Annex VIII to
the Staff Regulations.

On the death of a former official or member of the
9.
temporary staff in receipt of the allowance provided for para-
graph 1, dependent children within the meaning of Article 2 of
Annex VII to the Staff Regulations shall be entitled to an
orphan's pension on the conditions set out in the first, second
and third subparagraphs of Article 80 of the Staff Regulations
and in Article 21 of Annex VIII to the Staff Regulations.

Article 5

The minimum duration of the marriage as referred to in the
first subparagraph shall not be taken into account if there are
one or more children of a marriage contracted by the official or

This Regulation shall enter into force on the day following that
of its publication in the Official Journal of the European Commu-
nities.

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

Done at Brussels, 30 September 2002.

For the Council

The President

P. S. MØLLER

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ANNEX

ALLOWANCE PERCENTAGE

The allowance percentage referred to in Article 4(1) of this Regulation will be determined on the basis of the age and
length of service of officials or temporary staff at the time of departure as shown in the table below:

Length of service

Age

from 55 to 56
years

from 57 to 58
years

from 59 to 60
years

from 61 to 62
years

63 years and
over

from 15 to 19 years

60,0 %

60,0 %

60,0 %

62,0 %

64,0 %

from 20 to 24 years

60,0 %

60,0 %

62,0 %

64,0 %

66,0 %

from 25 to 29 years

62,0 %

64,0 %

66,0 %

68,0 %

70,0 %

30 years and over

64,0 %

66,0 %

68,0 %

70,0 %

70,0 %

Level of allowance depending on age and length of service

Age and length of service will be considered in relation to the actual date of termination of service of the official or
member of the temporary staff concerned.

Applying these conditions to the target group of officials and temporary staff on a weighted basis gives a maximum
average allowance of 62,5 %.