Corrigendum to Council Regulation (EC, Euratom) No 858/2004 of 29 April 2004 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 (OJ L 161, 30.4.2004)
Date: 2004-06-09
Institutions: Council of the European Union
Subjects: European official, allowances and expenses, regulations for civil servants, servant (EU), working conditions

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Corrigendum to Council Regulation (EC, Euratom) No 858/2004 of 29 April 2004 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

(Official Journal of the European Union L 161 of 30 April 2004)

Regulation (EC, Euratom) No 858/2004 should read as follows:

COUNCIL REGULATION (EC, EURATOM) No 858/2004

of 29 April 2004

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 condi-
tions

THE COUNCIL OF THE EUROPEAN UNION,

HAS ADOPTED THIS REGULATION:

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) as last amended by Regulation (EC, Euratom) No
723/2004 (2), and in particular Article 56c of the Staff Regula-
tions,

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

Article 1

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

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 1 (3). The allowances shall be adjusted by the correction
coefficients applicable to the remuneration of officials.

Whereas:

The allowances shall be paid monthly.

It is for the Council, acting on a proposal from the Commis-
sion, to determine the rates and conditions of the special allow-
ances which may be granted to certain officials to compensate
for particularly arduous working conditions,

Article 3

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:

Special working conditions

I. Safety of the individual

Number of points per hour of
actual work for function groups
AD and AST (1)

(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

10

50

34

25

20

(1) OJ L 56, 4.3.1968, p. 1.
(2) OJ L 124, 27.4.2004, p. 1.

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

1.

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Special working conditions

Number of points per hour of
actual work for function groups
AD and AST (1)

(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.

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

(1)

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

16

10

6

2

2

2

2

2

5

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

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.

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 4

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

Article 5

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

(1) 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).

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Article 6

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

number of hours worked under the various conditions set
out in the table in Article 3,

— the total expenditure relating to these allowances.

Article 7

Article 8

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

— the number of officials and servants in each category who
received the allowances referred to in this Regulation,
and the
broken down by institution and location,

Regulation (EEC) No 1799/72 (1) is hereby repealed on the day
on which this Regulation enters into force.

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 Luxembourg, 29 April 2004.

For the Council

The President

M. McDOWELL

(1) OJ L 192, 22.8.1972, p. 1.

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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
working of lead and alloys or lead antimony and cadmium antimony.

toxic forms of radioactive substances; casting, welding and

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.

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.