CELEX: 51986PC0083(01)
Language: en
Date: 1986-03-03
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) LAYING DOWN SPECIAL AND EXCEPTIONAL PROVISIONS APPLICABLE TO OFFICIALS OF THE EUROPEAN COMMUNITIES SERVING IN A COUNTRY WHICH DOES NOT BELONG TO THE EUROPEAN COMMUNITIES

3.4.86                                    Official Journal of the European Communities                             No C 74/11
               Proposal for a Council Regulation laying down special and exceptional provisions applicable to
               officials of the European Communities serving in a country which does not belong to the
                                                       European Communities
                                                         COM(86) 83 final
                                  (Submitted by the Commission to the Council on 6 March 1986)
                                                            (86/C 74/07)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                                         Article 2
                                                                      The following Annex is inserted after Annex IX:
Having regard to the Treaty establishing a Single
Council and a Single Commission of the European
Communities, and in particular Article 24 thereof,                        ANNEX X
                                                                          'Special and exceptional provisions applicable to
Having regard to the proposal from the Commission                         officials serving in a country which does not belong
made after consulting the Staff Regulations Committee,                    to the European Communities'
Having regard to the opinion of the European Par-
                                                                      with the following Chapters, Sections and Articles:
liament,
Having regard to the opinion of the Court of Justice,                                           'CHAPTER 1
                                                                                          GENERAL PROVISIONS
Whereas there should be specific provisions for officials
serving in a country which is not a member of the
Community on account of special or exceptional living                                             Article 1
conditions there;
                                                                         This Annex lays down the' special and exceptional
                                                                         provisions applicable to Community officials serving
Whereas it is for the Council, acting by a qualified                     in a country which does not belong to the European
majority on a proposal from the Commission and after                     Communities.
consulting the institutions concerned, to incorporate
these special provisions into the Staff Regulations of
Officials of the European Communities laid down by
Council Regulation (EEC, Euratom, ECSC) No 259/68,                                                Article 2
as last amended by Regulation No . . . ,                                 By decision of the appointing authority in the
                                                                         interests of the service officials shall be transferred
                                                                         periodically, if necessary without regard to vacant
HAS ADOPTED THIS REGULATION:
                                                                         posts.
                            Article 1
                                                                         Posts to be filled by officials serving outside the
The following Title VIII a is inserted after Article 101 of              Community shall not be declared vacant until
the Staff Regulations :                                                  completion of the mobility procedure.
                            Title VIII a
                                                                                                  Article 3
    'Special and exceptional provisions applicable to
    officials serving in a country which does not belong                 In order to allow retraining periods of limited
    to the European Communities'                                         duration as part of the mobility procedure provided
                                                                         for in Article 2, the appointing authority may decide
with the following single Article :                                      to assign an official serving outside the Community
                                                                         to a posting within the Community; such
                                                                         assignments, which shall not be preceded by a
    Article 101 a                                                        vacancy notice, may not last for more than four
                                                                         years. By way of derogation from the first paragraph
    Without prejudice to the other provisions of the Staff               of Article 1, the appointing authority may decide, on
    Regulations, Annex X to the Staff Regulations lays                   the basis of general implementing provisions, that the
    down the special and exceptional provisions                          official shall remain subject to certain provisions of
    applicable to officials serving in a country which does              this Annex for the duration of this temporary
    not belong to the European Communities.                              assignment.
 ---pagebreak--- No C 74/12                              Official Journal of the European Communities                                    3.4.86
                          CHAPTER 2                                                           Article 9
                        OBLIGATIONS                                    1.   Annual leave may be taken all at once or in
                                                                      several periods as desired by the official and
                                                                      according to the requirements of the service. It must,
                           Article 4
                                                                      however, include at least one period of 20
   An official shall carry out his duties at the place to             consecutive calendar days.
   which he is assigned on recruitment or on transfer in
   the interests of the service following a mobility
                                                                      2.    The rest leave referred to in Article 7 shall not
   procedure.
                                                                      exceed a period of 15 calendar days for each year of
                                                                      service. It may not be combined with annual leave,
                                                                      nor may it be carried over from one year to the next.
                           Article 5
   If the institution provides the official with                      Rest leave shall be extended by travelling time
   accommodation, he shall be required to reside in it,               calculated in accordance with Article 7 of Annex V
   provided it is adequate for his dependent family.                  to the Staff Regulations.
                          CHAPTER 3                                                         CHAPTER 4
                  WORKING CONDITIONS                                   EMOLUMENTS AND SOCIAL SECURITY BENEFITS
                           Article 6                                                        SECTION 1
   An official assigned to a country appearing on a list                         Emoluments and family allowances
   drawn up and periodically revised by the appointing
   authority after consulting the Staff Committee in the
                                                                                             Article 10
   light of the special conditions prevailing there shall be
   entitled to annual leave of five calendar days for each            Remuneration shall include an allowance for living
   month of service.                                                  conditions.
                           Article 7                                  In accordance with the general implementing
                                                                      provisions, this allowance shall be fixed for the place
   By way of exception the appointing authority may,                  to which the official is assigned as a percentage of
   by special reasoned decision, grant an official rest               total basic salary, plus expatriation allowance,
   leave on account of particularly difficult living                  household allowance and dependent child allowance,
   conditions at his place of employment. For each such               less the compulsory deductions referred to in the
   place, the appointing authority shall determine the                Staff Regulations or in any implementing regulations.
   town(s) where rest leave may be taken.
                                                                      If living conditions at the place of employment are
                         . Article 8                                  such as to place the official at personal risk, the
                                                                      amount referred to in the previous paragraph may be
   The leave entitlement of officials serving in one of               increased, by special reasoned decision, by up to a
   the countries appearing on the list referred to in                 further 10 % calculated on the same basis.
   Article 6 shall be calculated as follows:
                                                                      The general implementing provisions referred to in
       From the date of taking up duty in a country                   the first paragraph shall lay down parameters for
       appearing on this list to the date of termination of           determining the percentage allowance and shall
       service or transfer to a country not appearing on              include a list of the places for which such an
       this list, an official shall be entitled to five               allowance is payable and the corresponding rates.
       calendar days' leave for each complete month of
       service, to five calendar days for an incomplete
       month consisting of more than 15 days and to                   The list of places and the rates shall be revised by the
       two and a half calendar days for an incomplete                 Commission after consulting its Staff Committee.
       month of 15 days or less.                                      This revision shall normally be carried out every year.
       Where an official, for reasons other than the                                         Article 11
       requirements of the service, has not used up all
       his annual leave before the end of the current                 Remuneration, including the allowance for living
       calendar year, the amount of leave which may be                conditions, shall be paid in Belgian francs in Belgium.
       carried over to the following year shall not                   It shall be subject to the weighting applicable to the
       exceed 20 calendar days.                                       remuneration of officials employed in Belgium.
 ---pagebreak--- 3. 4. 86                                 Official Journal of the European Communities                               No C 74/13
                            Article 12                                                        SECTION 2
     At the request of the official, the institution may                                        Expenses
     decide to pay all or part of his remuneration in the
     currency of the country of employment. In this case
     it shall be subject to the weighting for the place of                                      Article 17
     employment and shall be converted on the basis of                  An official not in furnished accommodation provided
     the rates used to establish the weighting.                         by the institution who, for reasons beyond his
                                                                        control, is obliged to change his residence at the
                                                                        place of employment shall, by special reasoned
                                                                        decision of the appointing authority, be reimbursed
     In duly substantiated exceptional cases, the institution           04053the expenses incurred in respect of removal of
     may make all or part of this payment in a currency                 personal furniture, on production of supporting
     other than that of the country of employment in such               documents and in accordance with the rules on
     a way as to maintain purchasing power.                             removals.
                                                                        In such cases he shall be reimbursed his actual instal-
                                                                        lation expenses on production of supporting
                            Article 13                                  documents and subject to a ceiling equal to half the
                                                                        installation allowance.
     If there is a significant change in one of the
     components of the weighting for a particular
     country, the Commission shall adopt measures to
     adjust the weighting and the corresponding exchange                                        Article 18
     rate on the basis of general implementing provisions.             An official who, at his place of employment, is in
                                                                        hotel accommodation pending allocation of the
                                                                        accommodation provided for in Article 5 of this
                                                                       Annex, no longer has access to such accommodation
                            Article 14                                 or, for reasons beyond his control, has not been able
                                                                       to take possession of his accommodation shall be
    The Commission shall report annually to the Council                reimbursed hotel expenses for himself and his family
    on the adjustment of the weighting referred to in                  on production of hotel bills, after prior authorization
    Article 13 and on the allowance for living conditions.             by the appointing authority.
                                                                       He shall also receive half the daily allowance.
                            Article 15
                                                                       The expenses referred to in the first two paragraphs
    Under the conditions laid down by the appointing
                                                                       shall be reimbursed subject to the limits laid down in
    authority, the official shall receive an education                 Article 10 of Annex VII to the Staff Regulations
    allowance to cover the actual education costs                      except where the appointing authority takes a special
    incurred, on production of supporting documents.                   decision that there is a case of force majeure.
    Apart from in cases deemed exceptional by the
    appointing authority, this allowance 'shall not exceed
    three times the doubled maximum allowance.                         Where hotel accommodation cannot be provided, the
                                                                       person concerned shall be entitled to reimbursement
                                                                       of     the    actual  cost      of  renting   temporary
                                                                       accomodation, after prior approval by the appointing
                                                                       authority.
                            Article 16
    Reimbursements due to officials shall be paid either
    in Belgian francs or in the currency of the country of                                     Article 19
    employment on the basis of a reasoned request from
    the official.                                                      An official who does not have the use of a staff car
                                                                       for travel relating to official business shall receive a
                                                                       mileage allowance for the use of his own car. The
                                                                       amount of the allowance shall be fixed by the
                                                                       appointing authority.
   Officials may opt to have installation and
   resettlement allowances paid either in Belgian francs
   or in the currency of the place of installation or
                                                                                               Article 20
   resettlement; in the latter case they shall be subject to
   the weighting fixed for the place in question and                  An official shall be entitled to travel expenses for rest
   converted at the corresponding exchange rate.                      leave from his place of employment to the authorized
 ---pagebreak--- No C 74/14                             Official Journal of the European Communities                                      3.4.86
   place of leave for himself and, if he is entitled to                                          Article 23
   household allowance, for his spouse and dependants
   if they live with him.                                             Where        the    official    is not    provided   with
                                                                       accommodation by the institution, his rent shall be
                                                                       reimbursed, provided the accommodation corre-
                                                                       sponds to the level of his duties and to the
   Where travel by train is impossible or impracticable,
                                                                       composition of his dependent family.
   reimbursement for air travel shall be made by special
   decision, on production of the tickets, regardless of
   distance.
                                                                                                SECTION 3
                                                                                  Social security benefits and pensions
                           Article 21
   On taking up duty, an official who is obliged to                                              Article 24
   change his place of residence in order to comply with
   Article 20 of the Staff Regulations and Article 4 of               The official, his spouse, his children and other
   this Annex and who does not move house shall be                    persons dependent on him shall be covered by supp-
   entitled to reimbursement of the cost of transporting              lementary sickness insurance for the difference
   his personal effects, subject to the conditions laid               between expenditure actually incurred and payments
   down by the appointing authority, on production of                 from the scheme provided for in Article 72 of the
   supporting documents.                                              Staff Regulations; no reimbursement shall be made
                                                                      under Article 72 (3).
   Where an official is obliged to change his place of
   residence following a transfer in order to comply                  Half the premium shall be paid by the official and
   with Article 20 of the Staff Regulations, the                      half by the institution. However, the official's contri-
   institution shall, depending on the accommodation                  bution shall not exceed 0,6 % of his basic salary; any
   that can be provided at the place of employment and                balance shall be paid by the institution.
   subject to the conditions laid down by the appointing
   authority, bear the actual cost of moving part or all
   of his personal furniture from its location at the time            The official, his spouse, his children and other
   to the place of employment or of transporting his                  persons dependent on him shall be insured for repatri-
   personal effects or of storage. Reimbursement may be               ation on health grounds in case of emergency or
   made for any or all of these costs.                                extreme emergency; the premium shall be paid in toto
                                                                      by the institution.
   In the event of termination of service or death, the
   institution shall, subject to the conditions laid down                                        Article 25
  by the appointing authority, bear the actual cost of
                                                                      Depending on the country of service, years of service
   moving an official's personal furniture from its
                                                                      outside the Community may entitle the official to
  location at the time to his place of origin or of
                                                                      extra pension rights of 0,3332 % per month in
  transporting his personal effects from his place of
                                                                      accordance with the following table:
  employment to his place of origin. Reimbursement
  may be made for any or all of these costs.
                                                                      — countries with normal living conditions (class 1)
                                                                           — no increase;
  In the event of the death of an unmarried official,
  reimbursement shall be made to those entitled under
  him.                                                                — countries with difficult living conditions (class 2)
                                                                           — two months per year of service;
                           Article 22                                 — countries with very difficult living conditions
                                                                           (class 3) — four months per year of service.
  The temporary accommodation allowance and the
  cost of transporting the personal effects of his spouse
  and dependants shall be advanced to the probationer             The list of countries with difficult or very difficult living
  official by the institution.                                    conditions shall be drawn up periodically by the
                                                                  institution.
  In the event of the probationer official not being
  established at the end of his probationary period, the          The total pension shall not exceed 70 % of basic salary.
  institution may take steps to recover these sums on             The reduction referred to in Article 9 of Annex VIII to
  the basis of the provisions laid down by the                    the Staff Regulations shall affect only the part of pension
  appointing authority.                                           rights acquired as the result of actual service.
 ---pagebreak--- 3.4.86                                    Official Journal of the European Communities                              No C 74/15
                         Article 26                                  one of the members of the Disciplinary Board drawn by
                                                                     lot from each list must be based at a seat of the
The spouse, children and other persons dependent on the              institution.
official shall be insured against accidents which may
occur outside the Community in one of the countries
appearing on a list adopted for this purpose by the                                          CHAPTER 6
appointing authority.                                                              TRANSITIONAL PROVISIONS
Half the premium shall be paid by the official and half                                        Article 28
by the institution.
                                                                     In accordance with implementing rules to be adopted by
                        CHAPTER 5                                    the appointing authority after consulting the Staff
                                                                     Committee, an official shall receive remuneration at least
                        DISCIPLINE                                   equal to that which he was receiving the day before
                                                                     entry into force of these provisions for a period not
                          Article 27
                                                                     exceeding the duration of the assignment being carried
If an official covered by Title VIII a of the Staff Regu-            out when these provisions enter into force; he shall
lations is the subject of a disciplinary procedure, at least         receive such remuneration for not more than five years.'
              Draft proposal for a Council Regulation introducing special transitional measures for the
              recruitment of overseas staff of the European Association for Cooperation as officials of the
                                                      European Communities
                                                         COM(86) 83 final
                                 (Submitted by the Commission to the Council on 6 March 1986)
                                                           (86/C 74/08)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             HAS ADOPTED THIS REGULATION:
Having regard to the Treaty establishing a Single
                                                                                               Article 1
Council and a Single Commission of the European
Communities, and in particular Article 24 thereof,                   Staff members holding a contract of employment as
                                                                     delegate, adviser or attache with the European
Having regard to the proposal from the Commission                    Association for Cooperation on 1st January 1987 and
                                                                     still under contract on the date this Regulation comes
made after consulting the Staff Regulations Committee,
                                                                     into force may be appointed officials of the Commission
                                                                     of the European Communities and assigned to one of the
Having regard to the opinion of the European Par-                    posts earmarked for this purpose in the Commission's
liament,                                                             establishment plan for 1987.
Having regard to the opinion of the Court of Justice,                Probationary staff members holding a contract of
                                                                     employment may be appointed probationary officials.
Whereas staff of the European Association for
Cooperation serving in the ACP States carry out a
representative function for the Commission which has                                            Article 2
increased in the course of time and is now on a scale
                                                                     The staff members referred to in Article 1 shall be
which justifies appointing them officials;
                                                                     appointed, by way of derogation from the second and
                                                                     third paragraphs of Article 4, Article 28 (a), Article
Whereas it is for the Council, acting by a qualified                 28 (d) and Article 29 of the Staff Regulations of officials
majority on a proposal from the Commission and after                 of the European Communities, and, in the case of those
consulting the institutions concerned, to amend the Staff            referred to in the first paragraph of Article 1, by way of
Regulations of officials of the European Communities                 derogation also from Article 34 of the Staff Regulations,
laid down by Council Regulation (EEC, Euratom,                       following an opinion from an ad hoc committee set up by
ECSC) No 259/68, as last amended by Regulation                       the appointing authority to examine their qualifications
No . ..,                                                             and ability.