Council Regulation (EC, Euratom) No 2181/2003 of 8 December 2003 concerning transitional measures to be adopted for the reform of the Staff Regulations, in particular with regard to pay and pension
Date: 2003-12-08
Institutions: Council of the European Union
Subjects: European official, pension scheme, regulations for civil servants, servant (EU), wage determination

16.12.2003

EN

Official Journal of the European Union

L 327/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC, EURATOM) No 2181/2003

of 8 December 2003

concerning transitional measures to be adopted for the reform of the Staff Regulations,

in

particular with regard to pay and pension

THE COUNCIL OF THE EUROPEAN UNION,

(5)

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 283 thereof,

Having regard to Article 13 of the Protocol on the privileges
and immunities of the European Communities,

Having regard to the proposal by the Commission submitted
after obtaining 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),

to Article 65 of

the Staff Regulations,

Pursuant
the
Council is each year to review, and if appropriate adjust,
the remuneration of the officials and other servants of
the Communities. According to the proposal adopted by
the Council, pay scales will be adjusted on the basis of
the current method. For this purpose,
the period of
validity of Annex XI to the Staff Regulations, which
ceased to apply on 30 June 2003, is accordingly to be
extended,

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

HAS ADOPTED THIS REGULATION:

Whereas:

(1)

(2)

(3)

(4)

The overhaul of the current Staff Regulations of officials
and Conditions of Employment of other servants of the
European Communities, which were originally adopted
in 1962, has led to the requirement to phase in certain
reform measures: the annual adjustment of pay scales on
the basis of the current method, a new special levy and a
new pension contribution rate are to take effect as from
1 January 2004, by way of transitional measures, while
the revised regulation amending the Staff Regulations is
to enter into force on 1 May 2004.

On 19 May 2003, the Council adopted guidelines and
on 29 September 2003 it approved the report by the
Consultation Committee established by the Council deci-
sion of 23 June 1981.

The new special levy is introduced to reflect the costs of
improved working conditions and the
social policy,
European Schools.

Article 83(4) of the Staff Regulations provides that a
new rate of contribution is to be set where an actuarial
assessment of the pension scheme shows contributions
by officials to be insufficient to finance one third of the
benefits payable thereunder. Such an assessment has
shown that the present contributions by officials are
insufficient to finance one third of the benefits payable.

(1) Opinion delivered on 4 December 2003 (not yet published in the

Official Journal).

(2) Opinion delivered on 5 November 2003 (not yet published in the

Official Journal).

(3) Opinion delivered on 27 November 2003 (not yet published in the

Official Journal).

Article 1

Article 66a(1) to (5) of the Staff Regulations are replaced by the
following:

By way of derogation from Article 3(1) of Regulation
‘1.
(EEC, Euratom, ECSC) No 260/68 (*), a temporary measure
regarding remuneration paid by the Communities to staff
in active employment, to be known as the “special levy”,
shall be applied from 1 January 2004.

The rate of the special levy, which shall apply to the

2.
base defined in paragraph 3, shall be 2,5 %.

3.

(a) The base for the special levy shall be the basic salary
for the grade and step used to calculate remunera-
tion, minus:

— social security and pension contributions and
the tax, before the special levy, payable by an
official
in the same grade and step without
dependants within the meaning of Article 2 of
Annex VII, and

— an amount equal to the basic salary of an official

in grade D4, step 1.

(b) The components used to determine the base for the
special levy shall be expressed in euro and weighted
at 100.

L 327/2

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Official Journal of the European Union

16.12.2003

The special levy shall be deducted monthly at source;
4.
the proceeds shall be entered as revenue in the general
budget of the European Communities.

(*) OJ L 56, 4.3.1968, p. 8. Regulation as last amended by
Regulation (EC, Euratom) No 1750/2002 (OJ L 264,
2.10.2002, p. 15).’

Article 2

the contribution rate laid down in
From 1 January 2004,
Article 83(2) of the Staff Regulations shall be set at 9,25 %. The
maximum rate for payments pursuant to Article 42 of the
Conditions of Employment of other servants of the European
Communities shall be set at 18,5 %.

Article 3

In Article 15(1) of Annex XI to the Staff Regulations, the

1.
date ‘30 June 2003’ is replaced by ‘30 June 2004’.

For 2003, the adjustment of remuneration provided for
2.
by Article 65(1) of the Staff Regulations shall take effect, by
way of derogation from Article 3(1) of Annex XI to the Staff
Regulations, on 1 January 2004.

In accordance with the factors provided for in Annex XI
3.
to the Staff Regulations, the value of this adjustment shall be
3,4 %.

Article 4

This Regulation shall enter into force on the day of its publica-
tion in the Official Journal of the European Union.

It shall apply from 8 December 2003 until the date of applic-
ability of the Council Regulation amending the Staff Regula-
tions of officials and the Conditions of Employment of other
servants of
the European Communities, proposed by the
Commission on 18 November 2003, but at the latest until 30
June 2004.

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

Done at Brussels, 8 December 2003.

For the Council

The President

F. FRATTINI