CELEX: 31972R2530
Language: en
Date: 1972-12-04 00:00:00
Title: Regulation (Euratom, ECSC, EEC) No 2530/72 of the Council of 4 December 1972 introducing special and temporary measures applicable to the recruitment of officials of the European Communities in consequence of the accession of new Member States, and for the termination of service of officials of those Communities

Official Journal of the European Communities                             11
5.12.72                        Official Journal of the European Communities                    No L 272/1
           REGULATION (Euratom, ECSC, EEC) No 2530/72 OF THE COUNCIL
                                             of 4 December 1972
            introducing special and temporary measures applicable to the recruitment of
            officials of the European Communities in consequence of the accession of new
            Member States, and for the termination of service of officials of those
                                                 Commumties
THE    COUNCIL OF THE EUROPEAN COMMUNI­                  HAS ADOPTED THIS REGULATION :
TIES,
Having regard to the Treaty establishing a                                  CHAPTER I
Single Council and a Single Commission of the
European Communities, and in particular
Article 24 thereof;
                                                         Special and temporary measures applicable to
Having regard to Council Regulation (Euratom,            the recruitment of officials of the European
ECSC, EEC) No 259/6S1 of 29 February 1968                Communities in consequence of the accession
laying down the Staff Regulations of Officials                         of new Member States
and the Conditions of Employment of other
Servants of the European Communities, and                                    Article 1
instituting special measures temporarily appli­
cable to Officials of the Commission, as last
amended by Regulation (EEC, Euratom, ECSC)               1.     Notwithstanding Articles 27 (3), 28 (d)
No 1473/722, and in particular Article 2 thereof,        and 29 of the Staff Regulations of Officials of
and Articles 4, 27 and 29 of the Staff Regulations       the European Communities, provision may be
                                                         made until     31  December 1973      for vacant
of the European Communities;
                                                         posts to be filled by nationals of the new
Having regard to the proposal from the Com­              Member States up to the number of budgeted
mission made after consulting the Staff Regula­          posts reserved for this purpose in the list of
tions Committee;                                         posts or made available by the application
                                                         of measures for the termination of service
Having regard to the Opinion of the European             provided for in this Regulation.
Parliament;
                                                         However, provision may be made during the
Having regard to the Opinion of the Court of             same period and under the same conditions
Justice;                                                 laid down in the preceding paragraph for
                                                         vacant posts in Grades A 1 and A 2 to be
Whereas, in consequence of the accession of              filled by nationals of the original Member
new Member States to the Communities,
                                                         States. Except in the case of posts in grades A 1
special measures concerning the Staff Regula­            and A 2, adequate publicity shall be made of
tions of the European Communities should be              vacant posts both inside the Community
adopted on a temporary basis; whereas, as                institutions and outside.
regards the personnel of the Commission, the
application of those measures should be
confined to officials paid out of credits under          2.     Appointments to grades A 4, A 5 , L/A4,
                                                         L/A 5, L/A 6, B 1 , B 2, B 3 and C 1 shall be
Title 1 of the section of the Budget relating to
that institution;                                        made after a competition organised in accord­
                                                         ance with the provisions of Annex III of the
                                                         Staff Members, or after the opinion of the
1  OJ No 56, 4.3.1968, p. 1 .                            selection Committee(s). Article 3 of Annex III
2  OJ No L 160, 16.7.1972, p. 1.                         shall apply. The Selection Committee(s) shall
 ---pagebreak--- 12                                Official Journal of the European Communities
present to the appointing authority the list of           3.     If the interests of the service permit, the
candidates whom they consider suitable.                   institution shall take into account the requests
                                                          of officials that their service be terminated
Appointments to grades A 6, A 7, L/A 7,                   under paragraph 1 .
L/A 8, B 4, B 5 and C 2 - C 5 shall be made
after a competition organised in accordance               However, requests made by officials over
with the conditions laid down in Annex III                60 years for the termination of -their service
to the Staff Regulations.                                 shall be granted automatically.
                    CHAPTER II
                                                          4.     The measures provided for in paragraph 1
                                                          and 2 are in no way disciplinary.
Special and temporary measures for the termina­           5.     Until 30 June 1973 , but without prejudice
tion of service of officials of the European              to paragraph 2, the institution shall take no
                    Communities                           decision placing an official on non-active
                                                          status or retiring an official in the interests of
                                                          the service.
                       Article 2
1.     Until 30 June 1973, the Institutions of the
Communities are authorised, in the interests of                                 Article 3
the service and in order to meet requirements
resulting from the accession to the European
Communities of new Member States, to adopt
for their officials in grades A 1 to A 5 inclusive        1.     An official affected by the measures
measures terminating the service of officials, as         provided for in Article 2 (1) shall be entitled:
provided for in Article 47 of the Staff Regula­
tions, under the conditions provided hereinafter.         (a) for a period of a year, to a monthly allowance
                                                               equal to his last remuneration, and
The same conditions shall apply when the
institution exercises in the interests of the             (b) for a period fixed in accordance with the
service the option provided for in the second                  table in paragraph 2, to a monthly allowance
paragraph of Article 1 (1).                                    equal to:
                                                               — 80% of his basic salary for the 30
2.     Where an institution intends to take the
                                                                   following months;
measures provided for in paragraph 1 in
respect of officials of grades other, than A 1                 — 70% of his basic salary thereafter.
and A 2, it shall, without prejudice to para­
graph 3, draw up a list of the officials to be            Entitlement to that allowance shall cease not
affected by such measures in each grade, after            later than the day on which the official reaches
consulting the Joint Committee, taking into               the age of 65 . Where the official is entitled to
account the officials' ability, efficiency, conduct       the maximum pension before the age of 65 ,
in the service, family          circumstances    and      he may continue to receive the allowance until
seniority.                                                the end of the month in which he attained the
                                                          age of 65 . The basic salary to be taken into
An official whose name appears on such a                  account when fixing the allowances provided
list may opt for termination of service as                for under this paragraph is that applicable on
provided for in paragraph 1 or for non-active             the first day of the month for which the allow­
status. If the latter, Article 41 (3), (4) and (5) of     ance is payable.
the Staff Regulations shall apply.
                                                          2. -   In order to determine on the basis of the
An official who proposes to opt for non-active            official's age the period during which he shall
status shall declare his choice within two                receive the allowance provided for in para­
months from the date on which he was in­                  graph 1 (b), the coefficient fixed in the following
formed that this name appeared on the list                table shall be applied to the length of his
provided for in the first sub-paragraph; in               service, including continuous service as a
default, he shall forgo the right to opt.                 member of the temporary or auxiliary staff.
 ---pagebreak---                              Official Journal of the European Communities                               13
              Age      %      Age       %      Age      %        Age       %       Age      %
              20      18       30      33       40     48         50      63        60     78
              21      19-5     31      34-5     41     49-5       51      64-5      61     79-5
              22      21       32      36       42     51         52      66        62     81
              25      22-5     33      37-5     43     52-5       53      67-5      63     82 -5
              2¿      24       34      39       44     54         54      69
              25      25-5     35      40 -5    45     55-5       55      70-5
              26      27       36      42       46     57         56      72
              27      28-5     37      43-5     47     58 -5      57      73-5
              2S      30       38      45       48     60         58      75
              29      31-5     39      46-5     49     61-5       59      76-5
3.     The allowance provided for in paragraph 1        the official is entitled to the allowance, his
shall be weighted , in accordance with the              contribution shall be calculated on the basis
second subparagraph of Article 82 (1) of the            of the last monthly allowance he receives .
Staff Regulations, for the Community country
where the recipient provides proof of residence.        Where the official benefits from a pension
                                                        under the pension scheme provided for in the
If the recipient of that allowance resides outside      Staff Regulations of the Communities, he shall,
the Community countries the weighting to be             for the purposes of Article 72, be treated in the
applied to the allowance shall be that valid            same way as an official who has remained in
for Belgium.                                            service until the age of 60.
The allowance shall be expressed in Belgian
francs. It shall be paid on the basis of the            7.     During the period for which he is entitled
values referred to in Article 63 , third sub­           to receive the allowance the official shall
paragraph of the Staff Regulations.                     continue to acquire further rights to retirement
                                                        pension based on the salary attaching to his
4.     The income accruing to the official              grade and step, provided that he pays the
concerned from any new employment during                contributions provided for in the Staff Regula­
this period shall be deducted from the allowance        tions during that period and provided that the
provided for in paragraph 1 , in so far as that         total pension does not exceed the maximum
income plus that allowance exceeds the total            amount laid down in Article 77, second sub­
remuneration last received by the official in           paragraph of the Staff Regulations. For the
the performance of his duties : That remunera­          purposes of Article 5 of Annex VIII to the
tion shall be weiglited as provided in para­            Staff Regulations and Article 108 of the
graph 3 .                                               general Regulations of the ECSC such period
                                                        shall be considered to be a period of service.
The official concerned shall provide any
written proof which, may be required and shall          An official falling within the provisions of
notify the institution of any factor which may          Article 1 (2) shall receive a retirement pension
after his right to payment.                              amounting to 35% of his basic salary, if, under
                                                        the provisions of the Staff Regulations and
5.      All family allowances shall remain              this Regulation, his pension is more than 30%
payable where the official receives the allowance        but less than 35% ; where his pension under
provided for in paragraph 1 . Article 67 (2) of          the provisions of the Staff Regulations and
                                                         this Regulation is more than 20% but less than
the Staff Regulations shall apply.                       30% , it shall be increased by 15% .
6.      During the peiiod for which he is entitled       If the official is reinstated in an institution of
to receive that allowance, the official shall be         the European Communities and thus acquires
 entitled, in respect of himself and persons             further pension rights he shall cease during this
covered by his insurance, to benefits under the          further period of service to benefit from the
 sickness insurance scheme laid down in Article          provisions provided for in the first sub-para­
72 of the Staff Regulations, provided he pays            graph above. However, for that part of the
 the contribution calculated on the basis of the         period referred to in the first subparagraph
 basic salary attaching to his grade and step            which is not yet completed at the time of
 and is not covered against sickness by another          reinstatement, the official may request that
 scheme. At the end of the period during which           both his contribution to the pension scheme
 ---pagebreak---  14                            Official Journal of the European Communities
 and his pension rights be calculated on the             official is entitled to the grant provided for
 basis of the basic salary attaching to the grade        in Article 5 and the extended period allowed
 and step reached in his previous post.                  him, where appropriate, in accordance with
                                                         Article 5 ( 10).
For the purposes of Article 77 of the Staff
Regulations an official receiving the allowance          2.     An official who proposes to opt for
provided for in paragraph 1 shall be treated as          application of the provisions provided for in
an official removed from his post in the interests       paragraph 1 must declare his choice within six
 of the service.                                         months from the date of notification of the
An official who , at the time of termination of          measure referred to in Article 4 ( 1 ); in default,
 service, has served a minimum of 10 years' and          he shall forgo the right to opt.
who is no longer entitled to the allowance               Any sums which may have been paid by way of
provided for in Article 3 mayf on attaining the          pension prior to the application of the provi­
age of 55, claim immediate payment of his                sions of this Article shall be deducted from the
retirement pension, without any reduction                payment provided for in paragraph 1 .
thereof being made under Article 9 of Annex
VIII of the Staff Regulations.
In fixing the amount of the survivor's pension,                                Article 5
to which the widow of an official who has
died during such period is entitled, the provi­          1.     The officials referred to in the last sub­
sions of the second subparagraph of Article 79           paragraph of Article 2 of Regulation (EEC,
of the Staff Regulations shall apply.                    Euratom , ECSC) No 259/68 of the Council and
                                                         in Article 102 (5) of the Staff Regulations, with
8.     If, in application of these provisions, the       the exception of those who before 1 January
official is entitled to receive a pension before         1962 held Grade A 1 or A 2 posts under the
the age of 60, he shall be entitled, for each            Staff Regulations of the European Coal and
dependent child within the meaning of Article 2          Steel Community, to whom the measures
of Annex VII to the Staff Regulations , to the           provided for in Article 4 ( 1) are applied, may
dependent child allowance.                               request that their remuneration be determined
                                                         in accordance with the provisions of Article 34
9.     In   order   to   receive  the   resettlement     of the Staff Regulations of the European Coal
allowance the official shall not be required to          and Steel Community and Article 50 of the
satisfy the condition of length of service referred      Rules and Regulations of the European Coal
to in the first subparagraph of Article 6 (1) of         and Steel Community.
Annex VII to the Staff Regulations.
                                                         2.     Officials who before 1 January 1962 held
10 .    For the purposes of Article 107 of the           Grade A 1 or A 2 posts under the Staff Regula­
Staff Regulations and of Article 102 (2) of the          tions of the European Coal and Steel Commu­
Staff Regulations of Officials of the European           nity, to whom o the measures provided for in
Coal and Steel Community, an official affected           Article 4 ( 1) are applied, may request that their
by measures provided for in Article 4 ( 1) shall         remuneration be       determined in      accordance
be treated as an official to whom the provisions         with the provisions of Article 42 of the Staff
of Articles 41 and 50 of the Staff Regulations           Regulations of the European Coal and Steel
have been applied.                                       Community.
                       Article 4                         3.     However, the provisions of Articles 3 (3),
                                                         (5), (6) and the fifth subparagraph of (7) and (8)
1.     An official affected by the measures              of this Regulation shall continue to apply to
provided for ; in Article 2 ( 1) who has not             the officials referred to in this article .
completed 15 years' service may renounce
irrevocably his pension rights. In this case he
shall receive a payment fixed under the con­
ditions laid down in Article 12 of Annex VIII                               CHAPTER III
to the Staff Regulations . The provisions of
Article 5 (7) and (8) and Article 7 of this                         General and final provisions
Regulation shall not apply to him.
For the purposes of Article 12 (c) of Annex VIII                               Article 6
to the Staff Regulations, the actual length of
service shall include the period in which the            The provisions of this Regulation shall, as
 ---pagebreak---                               Official Journal of the European Communities                         15
regards the personnel of the Commission of the                              Article 7
European Communities, apply only to officials
paid out of credits entered under Title I of the        This Regulation shall enter into force on the
section of the Budget of the European Commu­            day following its publication in the Official
nities relating to that institution.                    Journal of the European Communities.
            This Regulation shall be binding in its entirety and directly applicable in all
            Member States .
            Done at Brussels, 4 December 1972.
                                                                        For the Council
                                                                         The President
                                                                        N. SCHMELZER