Source: EURLEX
Language: en
Format: md

No C 267/2 Official Journal of the European Communities 14. 10. 88

## II

_(Preparatory Acts)_

# COMMISSION

Proposal for a Council Regulation (EEC) introducing special and temporary measures to
terminate the service of officials of the European Communities

_COM(88) 513 final_

_(Submitted by the Commission on 4 October_ _J_ _988)_

(88/C 267/02)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing a Single
Council and a Single Commission of the European
Communities, and in particular Article 24 thereof,

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

Having regard to the opinion of the European
Parliament,

Having regard to the opinion of the Court of Justice,

Whereas performance of future activities and the specific
research programmes of the Joint Research Centre call
for a radical restructuring of the Centre designed to
ensure that it has adequate skills at its disposal;

Whereas this restructuring must be carried out with no
increase in staffing and the number of retirements is far
from sufficient to allow the recruitments needed to attain

the Centre's new objectives;

Whereas in order to ensure that the restructuring and the
attainment of these new objectives are not impeded by
inadequate staff skills, special termination-of-service
measures must be adopted;

Whereas these special measures could prove ineffective if
in every case their application required the prior
agreement of the officials concerned; and whereas, if
dictated by the interests of the service, it must be possible
for such measures to be mandatory and not subject to
such agreement,

HAS ADOPTED THIS REGULATION:

_Article 1_

1. In the interests of the service the Commission is

authorized until 31 December 1989, to adopt, within the
meaning of Article 47 of the Staff Regulations of
Officials of the European Communities, hereinafter
referred to as 'the Staff Regulations', and on the
conditions set out in this Regulation, measures terminating the service of officials in active employment or on
secondment, in grades other than A 1 and A 2, who are
aged at least 50, have completed at least 10 years'
service, are paid from research and investment appropriations and are included in the establishment plan of the
Joint Research Centre.

2. The number of officials in all categories to whom
these measures may be applied shall not exceed 100.

_Article 2_

1. After consulting the Joint Committee, which shall
give a hearing to any official who so requests, the
Commission shall draw up the list of officials affected by
the measures referred to in Article 1.

2. However, the Commission shall grant any requests
for termination of service under this Regulation from
officials aged 60 and over.

3. The measures provided for in Article 1 and in
paragraph 1 above shall in no way be disciplinary in

nature.

_Article 3_

1. A former official affected by the measure provided
for in Article 1 shall be entitled to a monthly allowance
equal to 70 % of the basic salary for the grade and step
held at the time of departure, determined by reference to

nt to 88 Cofficial]ournal of thePuropean Communities ^oC^DBB^

the tahle set out in Article DD of the Staff Regulations in
force on the first day of the month for which the
allowance is payahle

^ Entitlement to the allowance shall cease not later

than the last day of the month in which the former
official attains the age of D^andmanye^ent as soon as
the former official is ehgihle for the maximum retirement
pension

At that point the former official shall automatically
receive a retirementpensiom ^hich shall tal^e effect on
thefirstdayof the calendar monthfollo^ingthemonth
in which the allowance waspaid for the lasttime

^ The allowance provided for in paragraph I shall he
weighted at therate fixed in accordance withthe second
subparagraph of Article 8^gt^ of the Staff Regulations
for the country situated inside or outside the Community
where the recipientpro^es he has his residence

If therecipient of the allowance estahhsheshis residence
in a country outside the Community^ the weighting of
100 shall he applied

The allowance shall he expressed in Belgian francs It
shallhepaidmthecurrencyof the countryof residence
of the recipient Plowe^ermf^^^h^ect to the weighting
of lOOunderthepre^ioussuhparagraph^itshallhepaid
in Belgian francs

Allowances paid in a currency other than the Belgian
franc shall he calculated on the hasis of exchange rates
specified in the second paragraph of Article (^ of the
Staff Regulations

^ C^ross income accruing to the formerofficial from
any new employment shall he deducted from the
allowancepro^idedformparagraph P m s o f a r a s that
income plus that allowance exceeds the total gross
remuneration last receded hy the official^determmedhy
reference tothe salary scalesinforceonthe first dayof
the month for which the allowance is payahle That
remuneration shall he weighted as provided for in
paragraph ^

(Gross income and total gross remuneration last recei^ed^
a s r e f e r r e d t o a h o ^ m e a n sums paid after deductionof
social security contnhutions hut hefore deduction of tax

Theformerofficial concernedshallpro^ideany written
proof which may he required and shall notify the
institution of any factor which may affect his right to the
allowance

^ Under the conditions set out in Article DB of the

Staff Regulations and Articles P ^ a n d ^ o f AnnexVH
to the Staff Regulations^ family allowances shall he
payahle either to the recipient of the allowances provided
for in paragraph I or in his name and on hishehalf to
theperson or persons to whom custody of thechild or
children has heen entrusted hy law or hy an order of

court or of the competent administrative authority^ the
household allowanceshall hecalculated hy reference to
that allowance

D Recipients of the allowance shall he entitled^ in
respect of themselves and persons cohered hy their
insurancem^ benefit under the sickness insurance scheme

provided for in Article ^ of the Staff Regulations
pro^idedthe^ pay the relevant contnhution calculated on
the hasis of the allowance provided for in paragraph I
and are not cohered hy another sickness insurance hy
^Birtueof legal or statutory provisions

B^ Muring the period for which he is entitled to
receive the allowances the former official shall continue

toacquirefurther rights to retirementpensionhased on
thesalary attaching tohisgradeandstep^pro^idedthat
the contnhution provided for mtheStaff Regulations hy
reference to that salary is paid during that period and
provided that the total pension does not exceed the
maximum specified in the second paragraph of Articled
of the Staff Regulations Por the purposes of Article^of
Annex V H I t o t h e Staff Regulationsand article 108 of
theformerRulesandRegulationsofthePuropeanCoal
andSteelCommumty^such period shall he consideredto
he a period of service

8 Suh^ecttoArticles I g p a n d ^ o f AnnexVIIIto
the Staff Regulations^ the sur^i^mg spouse of a former
official who dies while in receipt of the monthly
allowance provided for in paragraph 1 shall he entitled^
provided that he or she had heen his or her spouse for at
least one year when the former official left the service of
the Commissions ^o a sur^noPs pension equal to ^ 0 ^
of theretirementpensionwhich^ irrespective of lengthof
service or age^ would ha^e heen payahle to the former
official if he had qualified for it at the time of death

The amountof the sur^nBoPs pension referred to in the
previous suhparagraph shall not he less than the amounts
specified in the second paragraph of Article B^ of the
Staff Regulations Plowe^ermn no case may it exceed the
amount of the retirement pension to which the former
official would ha^e heen entitled had he sur^Bi^ed and

heengrantedaretirement pension when heceasedtohe
ehgihlefortheallowancereferred toaho^e

The duration of the marriage referred to in the first
suhparagraph shall not he tal^en into account if there are
one or more children of a marriage contracted hy the
official hefore he or she left the service provided that the
sur^nang spouse maintains or has maintained those
children

The same shall ^pply if the former official's death
resultedfromoneofthecircumstancesreferredtoatthe

end of the second paragraph of Article l^of AnnexVIII
tothe Staff Regulations

No C 267/4 Official Journal of the European Communities 14. 10. 88

9. On the death of a former official in receipt of the
allowance provided for in paragraph 1, dependent
children within the meaning of Article 2 of Annex VII to
the Staff Regulations shall be entitled to an orphan's
pension under the conditions set out in the first, second
and third paragraphs of Article 80 of the Staff Regulations and in Article 21 of Annex VIII to the Staff

Regulations.

10. For the purposes of Article 107 of the Staff Regulations and of Article 102 (2) of the Staff Regulations of

Officials of the European Coal and Steel Community, an
official affected by the measure provided for in Article 1
shall be treated as an official who has remained in

service until the age of 65 provided he continues to pay
the contribution during the period of receipt of the
allowance referred to in paragraph 1 of this Article.

_Article 4_

This Regulation shall enter into force on the day
following its publication in the _Official Journal of the_
_European Communities._