Proposal for a Council Regulation amending Regulation (EEC, Euratom, ECSC) No 495/77 determining the categories of officials entitled to, and the conditions for and rates of, allowances for regular standby duty
Date: 2004-04-14
Institutions: European Commission
Subjects: European official, allowances and expenses, regulations for civil servants, servant (EU), working conditions

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 14.4.2004 
COM(2004) 253 final 

Proposal for a 

COUNCIL REGULATION 

determining the rates and conditions of the special allowances provided for in Article 
56c of the Staff Regulations which may be granted to compensate for particularly 
arduous working conditions 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EEC, Euratom, ECSC) No 495/77 determining the categories of 
officials entitled to, and the conditions for and rates of, allowances for regular standby 
duty 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (ECSC, EEC, Euratom) No 300/76 determining the categories of 
officials entitled to allowances for shiftwork, and the rates and conditions thereof 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

Council  Regulation  (EC)  n°  …../2004  of  22  April  2004,  amended  Regulation  (EEC, 
EURATOM,  ECSC)  n°  259/68  laying  down  the  Staff  Regulations  of  officials  and  the 
Conditions of Employment of other servants of the European Communities. 

It is therefore necessary to modify Council Regulation (EEC) n° 1799/72 of 18 August 1972 
determining the rates and conditions of the special allowances provided for in Article 100 of 
the  Staff  Regulations  which  may  be  granted  to  compensate  for  certain  arduous  working 
conditions, in order to adapt it to the new Staff Regulations as from 1 May 2004. 

As from this date, the reference to the previous Article 100 of the Staff Regulations should be 
replaced  by  a  reference  to  the  new  Article  56(c).  In  accordance  with  this  new  legal  basis, 
articles 1 and 7 should be reformulated. In addition, references to the previous grades must be 
replaced by references to the new career structure (Articles 2 and 3) and the implementation 
of the Regulation needs to be extended to the new category of contract agents (Article 6). In 
Article 5, the reference to a repealed Regulation should be replaced by the current reference. 

2 

 
 
  
 
Proposal for a 

COUNCIL REGULATION 

determining the rates and conditions of the special allowances provided for in Article 
56c of the Staff Regulations which may be granted to compensate for particularly 
arduous working conditions 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Staff  Regulations  of  Officials  and  the  Conditions  of  Employment  of 
Other  Servants  of  the  European  Communities  laid  down  in  Regulation  (EEC,  Euratom, 
ECSC) No 259/68 1, and in particular Article 56c of the Staff Regulations, 

Having  regard  to  the  proposal  from  the  Commission  submitted  after  consulting  the  Staff 
Regulations Committee, 

Whereas  it  is  for  the  Council,  acting  on  a  proposal  from  the  Commission,  to  determine  the 
rates  and  conditions  of  the  special  allowances  which  may  be  granted  to  certain  officials  to 
compensate for particularly arduous working conditions, 

HAS ADOPTED THIS REGULATION: 

Special allowances determined in accordance with the following Articles shall be granted to 
officials called upon to do particularly arduous work. 

Article 1 

Article 2 

The allowances shall be expressed in points. One point shall be equal to 0.032% of the basic 
salary  of  an  official  in  grade  1,  step  12.  The  allowances  shall  be  adjusted  by  the  correction 
coefficients applicable to the remuneration of officials.  

The allowances shall be paid monthly. 

1. 

The following table lists the special working conditions in which allowances may be 
granted and the number of points per hour of actual work. 

Article 3 

1 
2 

OJ L 56, 4.3.1968, p. 1. Regulation as last amended by Regulation (EC, Euratom) No … (OJ L …). 
For the period from 1 May 2004 to 30 April 2006: Grade D*1, step 1. 

3 

 
 
  
 
                                                 
Special working conditions 

I. Safety of the individual 

Number of points 
per hour of actual 
work for function 
groups AD and 
AST3 

(a)  Wearing  of  particularly  uncomfortable  clothing  for  protection  against  fire, 
contamination, radiation or corrosive substances:  

1. Special heavy clothing 

2. Self-contained protective suits against fire 

3. Other self-contained protective suits 

4. Protective clothing with self-contained breathing apparatus 

5. Other protective clothing with breathing apparatus 

(b) Partial protection:  

1. Self-contained breathing apparatus 

2. Complete respirators  

3. Anti-dust respirators 

4. Other protective apparatus against toxic, asphyxiating, corrosive substances, etc.  

5. Glove-boxes and remote handling devices 

II. Place of work  

(a) Confined 

Work in confined spaces, without daylight, which are crossed by high-tension cables or 
by high-temperature pipework and which are so cluttered as to make it difficult to move 
about  

(b) Noisy 

Work in spaces with an average sound volume exceeding 85 decibels 

(c) Dangerous sites necessitating the use of onerous protective appliances 

1. Underground passages 

2. Places where work is carried out at more than 6 metres above the ground involving 
exceptional risks 

In  these  cases  the  allowance  shall  be  granted  by  decision  of  the  appointing  authority 
after consulting, where appropriate, a joint committee.  

3 

For the period from 1 May 2004 to 30 April 2006: categories A*, B*, C*, D*. 

4 

10 

50 

34 

25 

20 

16 

10 

6 

2 

2 

2 

2 

2 

5 

 
 
  
 
 
 
 
 
 
 
                                                 
III. Nature of work  

(a)  Handling  or  working  with  certain  substances  in  conditions  which  make  the  work 
arduous (see list in Annex) 

(b) Work with explosives as a certified explosives expert  

2 

5 

2. 

In order to make constant supervision possible, work performed under the conditions 
defined  in  paragraph  1  must  be  recorded  promptly  and  in  chronological  order.  The 
record must detail the work performed by reference to the above table.  

The  appointing  authority  shall  lay  down  the  procedure  for  carrying  out  the 
supervision; where the number of hours of work in question can be taken as being the 
same every month the appointing authority may dispense with the record. 

Article 4 

The  allowances  for  work  performed  under  the  conditions  defined  in  item  I  of  the  table  in 
Article 3 may not be aggregated; nor may those provided for in items II and III of that table.  

The  allowances  for  work  performed  under  the  conditions  defined  in  items  I  and  III  of  that 
table may also not be aggregated. 

For the purposes of applying the above paragraphs, where more than one allowance would be 
due at the same time the highest allowance only shall be paid. 

Article 5  

Subject  to  the  application  of  Article  2  of  Regulation  (ECSC,  EEC,  Euratom)  No  300/76 
determining the categories of officials entitled to allowances for shiftwork, and the rates and 
conditions thereof4, the allowances paid under this Regulation shall not exceed 1 500 points 
per official per month.  

This Regulation shall apply by analogy to temporary, auxiliary and contract staff. 

Article 6 

In April each year the Commission shall submit to the Council a report on:  

Article 7  

–  the number of officials and servants in each category who received the allowances 
referred  to  in  this  Regulation,  broken  down  by  institution  and  location,  and  the 
number  of  hours  worked  under  the  various  conditions  set  out  in  the  table  in 
Article 3,  

–  the total expenditure relating to these allowances. 

4 

OJ L 38, 13.2.1976, p. 1. Regulation as last amended by Regulation (EC, Euratom) No … (OJ L …). 

5 

 
 
  
 
                                                 
Regulation (EEC) No 1799/725 is hereby repealed on the day on which this Regulation enters 
into force. 

Article 8  

This Regulation shall enter into force on 1 May 2004. 

Article 9  

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

Done at Brussels,  

For the Council 
The President 

5 

OJ L 192, 22.8.1972, p. 1. 

6 

 
 
  
 
 
 
 
                                                 
ANNEX  
LIST REFERRED TO IN ARTICLE 3 

A. Corrosive and asphyxiating substances 

1. 

In handling:  

Halogens,  hydrohalogen  acids  (hydrochloric  and  hydrofluoric  acids),  halogen 
fluorides; sulphuric acid, sulphur chloride, caustic soda and caustic potash, ammonia.  

2. 

In technical processes: 

Scouring  and  passivation  of  stainless  steels  and  light  alloys  by  submersion  in,  or 
contact with, scouring or oxidising agents.  

B. Toxic substances:  

1. 

In handling:  

Toxic  forms  of  radioactive  substances;  beryllium  and  compounds;  arsenic  and 
compounds;  mercury,  compounds  and  amalgams; tetraethyl lead; hydrocyanic  acid; 
cyanides  and  acrylonitrile;  nitrogen  oxide  and  nitrogen  dioxide;  phosphorus  and 
phosphoric ethers; selenium; deuterium oxide. 

2. 

In technical processes: 

Manufacture,  concentration  and  storage  of  toxic  forms  of  radioactive  substances; 
casting,  welding  and  working  of  lead  and  alloys  or  lead  antimony  and  cadmium 
antimony. 

C. Highly flammable and/or explosive substances:  

1. 

In handling: 

Compressed  gases:  acetylene,  oxygen,  methane,  ethane,  ethylene  and  rare  gases; 
volatile organic solvents such as methyl alcohol, ethyl alcohol, diethyl ether, acetone, 
benzene, toluene; liquid metals such as sodium or potassium; sulphur. 

2. 

In technical processes: 

Argon  welding;  cleaning  and  degreasing  very  dirty  parts  with  solvents  such  as 
trichloroethylene;  use  of  organic  liquids  such  as  diphenyl,  triphenyl,  polyphenyl, 
Dowtherm, highboiler residues in circuits; pouring of paraffin or bitumen. 

D. Dirty products:  

1. 

In handling:  

Cadmium, chromium, nickel, bismuth, barium, vanadium and manganese compounds 
in powder form; powdered iron oxide.  

7 

 
 
  
 
2. 

In technical processes: 

Processing  of  graphite;  greasing  and  draining  pumps  and  motors  such  as  vacuum 
pumps,  fluid  circulation  pumps,  decompression  pumps,  compressed  air  generators; 
polishing with special substances; handling of metal slag. 

This Annex shall be amended by the Council on a proposal from the Commission in 
the light of scientific and technical developments. 

8 

 
 
  
 
EXPLANATORY MEMORANDUM 

Council  Regulation  (EC)  n°  …../2004  of  22  April  2004,  amended  Regulation  (EEC, 
EURATOM,  ECSC)  n°  259/68  laying  down  the  Staff  Regulations  of  officials  and  the 
conditions of employment of other servants of the European Communities. 

It is therefore necessary to modify Council Regulation (EEC, EURATOM, ECSC) n° 495/77 
of  8  March  1977,  relating  to  Article  56  (b)  of  the  Staff  Regulations,  determining  the 
categories of officials entitled to, and the conditions for and rates of, allowances for regular 
stand-by duty, in order to adapt it to the new Staff Regulations as from 1 May 2004. 

As  from  this  date,  references  to  previous  grades  must  be  replaced  by  references  to  the  new 
career  structure  (Article  1)  and  the  Regulation  needs  to  be  extended  to  the  new  category  of 
contract agents (Article 2). 

9 

 
 
  
 
Proposal for a 

COUNCIL REGULATION 

amending Regulation (EEC, Euratom, ECSC) No 495/77 determining the categories of 
officials entitled to, and the conditions for and rates of, allowances for regular standby 
duty 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Staff  Regulations  of  Officials  and  the  Conditions  of  Employment  of 
other servants of the European Communities laid down in Regulation (EEC, Euratom, ECSC) 
No 259/686, and in particular the second paragraph of Article 56bof the Staff Regulations, 

Having  regard  to  the  proposal  from  the  Commission  submitted  after  consulting  the  Staff 
Regulations Committee, 

Whereas  Council  Regulation  (ECSC,  EEC,  Euratom)  No 495/77  of  8 March  1977 
determining  the  categories  of  officials  entitled  to,  and  the  conditions  for  and  rates  of, 
allowances for regular standby duty7 must be amended in order to bring it into line with the 
new Staff Regulations, 

HAS ADOPTED THIS REGULATION: 

Article 1 

Regulation (EEC, Euratom, ECSC) No 495/77 is hereby amended as follows: 

1. 

Article 1(1)(a) is replaced by the following: 

“(a) 
the allowance shall be expressed in points. A point shall be equal to 0.032% of 
the basic salary of an official in grade 1, step 1 (3). The allowance shall be adjusted 
by the weighting applicable to the official’s remuneration; 

(3)  For the period from 1 May 2004 to 30 April 2006: grade D*1, step 1.” 

2. 

Article 2 is replaced by the following: 

“Article 2 

This Regulation shall apply by analogy to temporary, auxiliary and contract staff.”  

6 
7 

OJ L 56, 4.3.1968, p.1. Regulation as last amended by Regulation (EC, Euratom) No … of … 2004. 
OJ L 66, 12.3.1977, p. 1. 

10 

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

Article 2 

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

Done at Brussels, XXX 

For the Council 
The President 

11 

 
 
  
 
 
 
 
EXPLANATORY MEMORANDUM 

Council  Regulation  (EC)  n°  …../2004  of  22  April  2004,  amended  Regulation  (EEC, 
EURATOM,  ECSC)  n°  259/68  laying  down  the  Staff  Regulations  of  officials  and  the 
conditions of employment of other servants of the European Communities. 

It is therefore necessary to modify Council Regulation (ECSC, EEC, Euratom) n° 300/76 of 
9 February 1976 relating to Article 56 (a) of the Staff Regulations, determining the categories 
of officials entitled to allowances for shiftwork, and the rates and conditions thereof, in order 
to adapt it to the new Staff Regulations as from 1 May 2004. 

As  from  this  date,  the  reference  in  Article  2  to  the  previous  Article  100  of  the  Staff 
Regulations must be replaced by a reference to the new Article 56 (c) and the implementation 
of the Regulation needs to be extended to the new category of contract agents (Article 3). 

12 

 
 
  
 
Proposal for a 

COUNCIL REGULATION 

amending Regulation (ECSC, EEC, Euratom) No 300/76 determining the categories of 
officials entitled to allowances for shiftwork, and the rates and conditions thereof 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Staff  Regulations  of  Officials  and  the  Conditions  of  Employment  of 
other servants of the European Communities laid down in Regulation (EEC, Euratom, ECSC) 
No 259/688, and in particular the second paragraph of Article 56a of the Staff Regulations, 

Having  regard  to  the  proposal  from  the  Commission  submitted  after  consulting  the  Staff 
Regulations Committee, 

Whereas  Council  Regulation  (ECSC,  EEC,  Euratom)  No 300/76  of  9 February  1976 
determining the categories of officials entitled to allowances for shiftwork, and the rates and 
conditions  thereof9  must  be  amended  in  order  to  bring  it  into  line  with  the  new  Staff 
Regulations, 

HAS ADOPTED THIS REGULATION: 

Regulation (ECSC, EEC, Euratom) No 300/76 is hereby amended as follows: 

Article 1 

1. 

Article 2 is replaced by the following: 

“Article 2 

An official who is entitled to payment of the allowance provided for in Article 1 may 
receive the allowances for particularly arduous work provided for in Article 56c of 
the  Staff  Regulations  only  up  to  a  maximum  of  600  points,  to  be  determined  in 
accordance with Regulation … (4). 

(4)  OJ L …, …2004, p. …”  

2. 

Article 3 is replaced by the following: 

“Article 3 

This Regulation shall apply by analogy to temporary, auxiliary and contract staff.”  

8 
9 

OJ L 56, 4.3.1968, p.1. Regulation as last amended by Regulation (EC, Euratom) No … of … 2004. 
OJ L 38, 13.2.1976, p. 1. Regulation as last amended by Regulation (EC, ECSC, Euratom) No 2461/98 
(OJ L 307, 17.11.1998, p. 5). 

13 

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

Article 2 

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

Done at Brussels,  

For the Council 
The President 

14