Proposal for a Council Regulation (EC, EURATOM) repealing Regulation No 6/66/Euratom, 121/66/EEC of the Councils, Regulation No 7/66/Euratom, 122/66/EEC of the Councils and Regulation No 174/65/EEC, 14/65/Euratom of the Councils
Date: 2005-06-21
Institutions: European Commission
Subjects: EAEC, EC Regulation, ECSC, drafting of EU law, regulations for civil servants, repeal, servant (EU)

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 21.6.2005 
COM(2005) 289 final 

Proposal for a 

COUNCIL REGULATION (EC, EURATOM) 

repealing Regulation No 6/66/Euratom, 121/66/EEC of the Councils, Regulation No 
7/66/Euratom, 122/66/EEC of the Councils and Regulation No 174/65/EEC, 
14/65/Euratom of the Councils 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1)  CONTEXT OF THE PROPOSAL 

•  Grounds for and objectives of the proposal 

Council  Regulation  (EC,  Euratom)  No  723/2004  of  22  March  2004  amended 
Regulation  (EEC,  Euratom,  ECSC)  No  259/68  laying  down  the  Staff  Regulations  of 
Officials  and  the  Conditions  of  Employment  of  Other  Servants  of  the  European 
Communities. It repealed Articles 14a and 14b of Annex VII and Article 39 of Annex 
VIII to the Staff Regulations, inter alia. 

These Articles related, respectively, to: 

-  The  granting  of  the  rent  allowance  and  the  transport  allowance.  To  implement 
Articles  14a  and  14b  of  Annex  VII  to  the  Staff  Regulations,  the  Councils  adopted 
Regulation No 6/66/Euratom, 121/66/EEC laying  down  the  list  of  places  for  which  a 
rent allowance may be granted, the maximum amount of that allowance and the rules 
for granting it, and Regulation No 7/66/Euratom, 122/66/EEC laying down the list of 
places for which a transport allowance may be granted, the maximum amount of that 
allowance and the rules for granting it. 

-  The  adoption  by  the  budgetary  authorities  of  the  mortality  and  disability  tables  and 
the  assumed  salary  increases  to  be  used  for  calculating  the  actuarial  values.  These 
parameters  for  calculating  the  actuarial  values  were  laid  down  by  Regulation  No 
174/65/EEC,  14/65/Euratom  of  the  Councils,  adopted  to  implement  Article  39  of 
Annex VIII to the Staff Regulations. 

Following  the  reform  of  the  Staff  Regulations,  those  Regulations  have  now  become 
obsolete. For reasons of clarity and legal certainty, they should be expressly repealed. 

•  General context 

The  proposal  is  made  in  the  more  general  framework  of  action  to  repeal  84 
implementing  provisions  that  have  become  obsolete  as  a  result  of  the  reform  of  the 
Staff  Regulations.  The  other  provisions  concerned  are  joint  rules  of  the  institutions, 
general implementing provisions, Commission decisions and conclusions of the Heads 
of Administration. 

•  Existing provisions in the area of the proposal 

There are no provisions in force in the area of the proposal (with the exception of those 
which it is proposed repealing). 

•  Consistency with other policies and objectives of the Union 

The  proposal  is  consistent  with  the  objective  of  improving  transparency  and  legal 
certainty by expressly repealing legal provisions that have become obsolete. 

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2)  CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

Methods of consultation used, main sectors covered and general profie of respondents 

The  proposal  has  been  the  subject  of  consultations  with  the  trade  unions  and  staff 
associations  within  the  meaning  of  Article  24  of  the  Staff  Regulations.  The  Staff 
Committee of the Commission and the Staff Regulations Committee (see Article 10 of 
the Staff Regulations) have also been consulted. 

Summary of replies received and the way in which they have been taken into account. 

The  parties  consulted  delivered  positive  opinions  and  made  no  proposals  for 
amendments. 

•  Collection and use of expertise 

There was no need for external expertise. 

•  Impact assessment 

The  alternative  option  would  be  to  retain  the  three  regulations  in  question,  which 
would be contrary to the objective of improving legal certainty and transparency.  

The proposal will contribute to the pruning of the acquis communautaire which should 
only contain provisions of practical value.  

3)  LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

Repeal of three Council regulations that have become obsolete as a result of the reform 
of the Staff Regulations. 

•  Legal basis 

Staff Regulations of officials of the European Communities. 

•  Subsidiarity principle  

The  proposal  concerns  an  area  that  falls  within  the  exclusive  competence  of  the 
Community. The principle of subsidiarity does not therefore apply. 

•  Proportionality principle 

The proposal is consistent with the principle of subsidiarity for the following reasons: 

The proposal seeks to repeal three regulations, an objective that cannot be achieved by 
simpler measures. 

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It  imposes  no  financial  or  administrative  burden  on  the  Community  or  the  Member 
States. 

•  Choice of instruments 

Proposed instrument: regulation. 

Other instruments would have been inappropriate for the following reasons: 

It  is  a  matter  of  repealing  three  regulations,  which  must  be  done  in  the  form  of  a 
regulation. 

4)  BUDGETARY IMPLICATIONS 

The proposal has no implications for the Community budget. 

5)  ADDITIONAL INFORMATION 

•  Simplification 

The proposal simplifies the legislative framework. 

It makes it possible for the acquis communautaire to be reduced. 

•  Withdrawal of legal provisions in force 

Adoption of the proposal will entail the withdrawal of certain legal provisions. 

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Proposal for a 

COUNCIL REGULATION (EC, EURATOM) 

repealing Regulation No 6/66/Euratom, 121/66/EEC of the Councils, Regulation No 
7/66/Euratom, 122/66/EEC of the Councils and Regulation No 174/65/EEC, 
14/65/Euratom of the Councils 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Staff Regulations of officials of the European Communities (hereinafter 
referred to as the Staff Regulations) and the Conditions of Employment of other servants of 
the  European  Communities  laid  down  by  Council  Regulation  (EEC,  Euratom,  ECSC)  No 
259/681, 

Having regard to the proposal from the Commission, 

Having regard to the opinion of the Staff Regulations Committee, 

Whereas: 

(1) 

(2) 

Regulation  No  6/66/Euratom,  121/66/EEC  of  the  Councils  of  28  July  1966  laying 
down  the  list  of  places  for  which  a  rent  allowance  may  be  granted,  the  maximum 
amount of that allowance and the rules for granting it 2 lays down detailed rules for the 
application of Article 14a of Annex VII to the Staff Regulations. As that Article was 
repealed  by  Council  Regulation  (EC,  Euratom)  No  723/2004  amending  the  Staff 
Regulations  of  officials  of  the  European  Communities  and  the  Conditions  of 
Employment  of  other  servants  of  the  European  Communities3,  Regulation  No 
6/66/Euratom, 121/66/EEC has become obsolete. 

The same applies to Regulation No 7/66/Euratom, 122/66/EEC of the Councils of 28 
July  1966  laying  down  the  list  of  places  for  which  a  transport  allowance  may  be 
granted, the maximum amount of that allowance and the rules for granting it4, which 
lays  down  detailed  rules  for  granting  the  transport  allowance  provided  for  in  Article 
14b  of  Annex  VII  to  the  Staff  Regulations.  That  Article  was  also  repealed  by 
Regulation (EC, Euratom) No 723/2004. 

(3) 

The same applies to Regulation No 174/65/EEC, 14/65/Euratom of the Councils of 28 
December  1965  laying  down  mortality  and  disability  tables  and  the  assumed  salary 
increases  to  be  used  for  calculating  the  actuarial  values  provided  for  in  the  Staff 

1 

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4 

OJ L 56, 4.3.1968, p. 1. Regulation as last amended by Regulation (EC, Euratom) No 31/2005 (OJ L 8, 
12.01.2005, p. 1). 
OJ  150,  12.8.1966,  p.  2749.  Regulation  as  last  amended  by  Regulation  (ECSC,  EC,  Euratom)  No 
3358/94 (OJ L 356, 31.12.1994, p. 1). 
OJ L 124, 27.4.2004, p.1. 
OJ 150, 12.8.1966, p. 2751. Regulation as amended by Regulation (EC, ECSC, Euratom) No 2460/98 
(OJ L 307, 17.11.1998, p. 4). 

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Regulations  of  Officials  of  the  Communities5,  adopted  to  implement  Article  39  of 
Annex  VIII  to  the  Staff  Regulations,  which  was  also  repealed  by  Regulation  (EC, 
Euratom) No 723/2004. 

(4) 

For reasons of clarity and legal certainty, the above Council Regulations, which have 
now become obsolete, should be expressly repealed, 

HAS ADOPTED THIS REGULATION: 

Regulation  No  6/66/Euratom,  121/66/EEC,  Regulation  No  7/66/Euratom,  122/66/EEC  and 
Regulation No 174/65/EEC, 14/65/Euratom are hereby repealed. 

Article 1 

This Regulation shall enter into force on the seventh 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 

5 

OJ 226, 31.12.1965, p. 3309. 

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