4 OF THE REGULATIONS PROVIDES THAT THE REGULATION IS TO ENTER INTO FORCE ON 1 JANUARY 1979 AND THAT IT IS TO APPLY FROM 1 APRIL 1979 .
4 ON 21 DECEMBER 1978 THE COUNCIL ALSO ADOPTED REGULATION ( EURATOM , ECSC , EEC ) NO 3086/78 ADJUSTING THE WEIGHTINGS APPLICABLE TO THE REMUNERATION AND PENSIONS OF OFFICIALS AND OTHER SERVANTS OF THE EUROPEAN COMMUNITIES FOLLOWING THE AMENDMENT OF THE PROVISIONS OF THE STAFF REGULATIONS CONCERNING THE MONETARY PARITIES TO BE USED IN IMPLEMENTING THE STAFF REGULATIONS . ARTICLE 1 ( 1 ) OF THE REGULATION FIXES AMONGST OTHER THINGS THE WEIGHTING APPLICABLE TO THE REMUNERATION OF OFFICIALS AND OTHER SERVANTS .
5 THE RULES IN FORCE BEFORE 1 JANUARY 1962 PRIOR TO THE ADOPTION OF THE STAFF REGULATIONS PROVIDED FOR A SO-CALLED ' ' SEPARATION ' ' ALLOWANCE EQUAL TO 20% OF THE BASIC SALARY TO BE PAID TO OFFICIALS WHO COULD PROVE THAT THEIR PLACE OF EMPLOYMENT WAS MORE THAN 70 KILOMETRES ( 25 KILOMETRES UNDER THE STAFF REGULATIONS OF THE EUROPEAN COAL AND STEEL COMMUNITY OF 1956 ) FROM THEIR PLACE OF ORIGIN . NATIONALITY WAS NOT TAKEN INTO CONSIDERATION .
6 THE STAFF REGULATIONS WHICH ENTERED INTO FORCE ON 1 JANUARY 1962 REPLACED THAT ALLOWANCE BY THE ' ' EXPATRIATION ' ' ALLOWANCE , SO-CALLED BECAUSE AN OFFICIAL HAS TO WORK IN A MEMBER STATE OTHER THAN THAT OF WHICH HE IS A NATIONAL . AS A TRANSITIONAL PROVISION ARTICLE 106 PROVIDED THAT :
' ' ANY OFFICIAL IN RECEIPT OF A SEPARATION ALLOWANCE BEFORE THESE REGULATIONS WERE APPLIED WHO DOES NOT QUALIFY FOR AN EXPATRIATION ALLOWANCE UNDER ARTICLE 4 OF ANNEX VII SHALL BE ALLOWED THE SAME AMOUNT AS THAT WHICH HE WOULD HAVE RECEIVED BY WAY OF SEPARATION ALLOWANCE UNDER THE SCALE OF REMUNERATION EXISTING BEFORE THE STAFF REGULATIONS ENTERED INTO FORCE . SUCH AMOUNT SHALL NOT IN FUTURE BE VARIED FOR ANY REASON WHATEVER , SAVE WHERE THE OFFICIAL QUALIFIES FOR AN EXPATRIATION ALLOWANCE BY SATISFYING THE REQUIREMENTS THEREFOR . ' '
7 ARTICLE 106 WAS APPLIED AFTER MAY 1974 AND WITH RETROACTIVE EFFECT FROM 1 FEBRUARY 1973 TO OFFICIALS WHO HAD BEEN RECRUITED BETWEEN 19 JUNE 1960 AND 31 DECEMBER 1961 BY THE FORMER COMMISSION OF THE EUROPEAN ATOMIC ENERGY COMMUNITY AND HAD NEVER RECEIVED THE SEPARATION ALLOWANCE . BY LETTER OF 14 MARCH 1974 OFFICIALS IN THAT CATEGORY BELONGING TO THE JOINT RESEARCH CENTRE WERE SENT A CIRCULAR IN WHICH THE AMOUNT OF THE SEPARATION ALLOWANCE WAS EXPRESSED IN BELGIAN FRANCS ON THE BASIS OF THE BASIC SALARY , LIKEWISE EXPRESSED IN BELGIAN FRANCS , SHOWN IN THEIR LETTERS OF EMPLOYMENT .
8 THE ALLOWANCE IN QUESTION CONTINUED TO BE PAID TO OFFICIALS ON THE BASIS OF THE EXCHANGE RATE OF 1 BELGIAN FRANC TO 12.50 ITALIAN LIRE . ACCORDING TO THE APPLICANT AN ADMINISTRATIVE DECISION TAKEN IN JANUARY 1976 BUT WHICH WAS NEVER BROUGHT TO THE NOTICE OF THE STAFF , PROVIDED FOR THAT ALLOWANCE , AMONGST OTHERS , TO