CELEX: 51994PC0369
Language: en
Date: 1994-09-09
Title: PROPOSAL FOR A COUNCIL REGULATION (ECSC, EC, EURATOM) amending Regulation No 6/66/Euratom, 121/66/EEC with regard to rent allowance

COMMISSION OF THE EUROPEAN COMVTUNITIES
                                          C0M(94) 369 f i n a l
                                          Brussels, 09.09.1994
                    PROPOSAL FOR A
        COUNCIL REGULATION (ECSC, EC, EURATOM)
         amending Regulation No 6/66/Euratom, 121/66/EEC
                   with regard to rent allowance
                (presented by the Commission)
 ---pagebreak---                       EXPLANATORY MEMORANDUM
1. In 1966 the Council, acting on the basis of Article 14a of Annex VII to the
   Staff Regulations, adopted an implementing Regulation granting a rent
   allowance to officials in certain places of employment. At the outset, this
   allowance covered only a few places of employment (in Germany, France, the
   United Kingdom and Switzerland) and was limited to 5% of remuneration.
   In January 1991 the Council adopted Regulation No 150/91, which amended
   the 1966 Regulation, removing the ceiling and extending the allowance to staff
   posted to places in all Member States except Belgium and Luxembourg under
   the rotation system.
   Article 2 also laid down that the Regulation was applicable from
    1 January 1991 to 31 December 1993 and that the Council could decide to
   extend it, on a proposal from the Commission.
2. A report was laid before the Council on 3 December 1993, with a proposal for
   a Regulation extending the allowance. It concluded that the rules in question
   had been applied with the necessary rigour and that the circumstances which
   warranted the amendment of the 1966 Regulation still prevailed.
   It stressed that there had been an improvement in the recruitment of candidates
   to posts in the Offices, due in part to the assistance granted in respect of
   accommodation.
   It added that the sudden abolition of the allowance would put staff in a
   difficult financial position and potentially disrupt the operation of the Offices
3. The Commission therefore proposed that the Council extend the application of
    Regulation No 150/91 for a further five years.
 ---pagebreak--- Since a qualified majority was not reached, the Commission decided to leave
the original proposal before the Council as an instrument satisfying the
requirements of all staff subject to rotation in the places in question and to
propose transitional measures for the intervening period. Faced with the
impasse in current negotiations, it is essential to safeguard at least the rights of
staff who agreed to make the move on the financial and other conditions that
applied at the time and received rent allowance on 31 December 1993
It is accordingly proposed that the terms of Regulation No 150/91 remain
applicable as an interim measure to those staff for the duration of their posting.
The number of recipients will evolve from year to year as follows:
 1994           1995           1996            1997           1998            1999
  21             19             17              12             X               I
 ---pagebreak---             COUNCIL REGULATION (ECSC, EC, EURATOM) No /94
                           of
                   amending Regulation No 6/66/Euratom, 121/66/EEC
                                with regard to rent allowance
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 by Regulation (EEC,
Euratom, ECSC) No 259/68,1 as last amended by Regulation (EEC, Euratom, ECSC)
No 3608/93,2 and in particular Article 14a of Annex VII thereto,
Having regard to Council Regulation No 6/66/Euratom, 121/66/EEC 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,3
Having regard to Council Regulation (ECSC, EEC, Euratom) No 150/91 of
21 January 1991 amending Regulation 6/66/Euratom, 121/66/EEC with regard to rent
allowance,4
Having regard to the proposal from the Commission,
Whereas Regulation No 150/91 expired on 31 December 1993;
^ J N o L S ô , 4. 3. 1968, p. 1
2
  OJNoL 328, 29 12 1993,p.1
J
 OJ No L 150, 12. 8.1966, p.2749-2766.
4
  OJNOL 18, 24. 1. 1991, p.l
                                              4
 ---pagebreak--- Whereas on 2 December 1993 the Commission proposed to the Council that
Regulation 150/91 be extended for five years,
Whereas a decision to extend the said Regulation has not been taken,
Whereas, meanwhile, commitments valid beyond 31 December 1993 may have been
entered into on the basis of Regulation 150/91 by officials posted under a rotation
system to places of employment other than the seats of the institutions;
Whereas, given the duration of past practice and the need to secure the smooth
operation of the departments located in those places of employment, transitional
provisions should be adopted to protect officials who on 31 December 1993 were in
receipt of a rent allowance in accordance with the Regulation and who have to bear
identical rent charges after that date;
Whereas provisions applying until 31 December 1999 would be reasonable in view of
the financial commitments entered into by those officials in relation to
accommodation,
HAS ADOPTED THIS REGULATION
                                           Article 1
The following Article is inserted in Council Regulation No 6/66/Euratom,
 121/66/EEC:
 "Article 6a
 By way of derogation from Articles 2 and 6, officials who on 31 December 1993 were
 in receipt of a rent allowance in accordance with Regulation No 150/91 shall remain
 eligible for the allowance in accordance with the conditions set out in Articles 4
 and 5.
 This allowance may not be combined with the allowance provided for in the second
 subparagraph of Article 14(1) of Annex VII to the Staff Regulations. It shall be
 limited to the duration of the official's posting and shall not be paid for more than six
 years after the date on which he takes up duty."
 ---pagebreak---                                         Article 2
This Regulation shall enter into force on the day following that of its publication in
the Official Journal of the European Communities.
It shall apply from 1 January 1994 to 31 December 1999.
This Regulation shall be binding in its entirety and directly applicable in all Member
States
 Done at Brussels,                                                        For the Council
                                                                            The President
 ---pagebreak---                                                                                                     ANNEX
                            FINANCIAL STATEMENT
        Estimated effect on the budget of the amendment of Regulation
           No 6/66 Euratom, 121/66 EEC with regard to rent allowance
• "" " .1.  -    T   .    1  1 . --• i. ,,. i-i.r- ,, , • m - i   ir-.-Ti.i . r • • r • n -i •• , I •--•• fi~in.ii, , n • •
                   Year                                         ECU (estimated)
                    1994                                               79 000
                    1995                                               71 850
                    1996                                               55 700
                   1997                                                27 000
                    1998                                               15 750
                    1999                                                    750
 ---pagebreak---                                                                       ISSN 0254-1475
                                                               COM (94) 369 final
                                                      DOCUMENTS
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                                 Catalogue number : CB-CO-94-384-EN-C
                                                             ISBN 92-77-80022-4
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