CELEX: 51977PC0353
Language: en
Date: 1977-07-18
Title: Proposal for a COUNCIL REGULATION (EEC, EURATOM, ECSC) amending Council Regulation No 3177/76 adjusting the remuneration and pensions of officials and other servants of the European Communities and the weightings applied thereto#PROPOSAL FOR AN AMENDMENT TO THE METHOD OF ADJUSTING THE REMUNERATION OF OFFICIALS AND OTHER SERVANTS OF THE EUROPEAN COMMUNITIES (presented to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (77) 353
Vol. 1977/0118
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                            COM(77)353 final
                                            Brussels ,  10 August 1977
                               Proposal for a
                    COUNCIL REGULATION ( EEC , EURATOM' ECSC )
           amending Council Regulation No 3177/ 76 adjusting the
           remuneration and pensions of officials and other servants
           of the European Communities and the weightings applied
                                 thereto
                    PROPOSAL FOR AN AMENDMENT TO THE METHOD OF
                    ADJUSTING THE REMUNERATION OF OFFICIALS AND
                    OTHER SERVANTS OF THE EUROPEAN COMMUNITIES
                ( presented to the Council by the Commission )
 C0M(77 ) 353 final
 ---pagebreak---                                  EXPLANATORY KES10RA2TDUK
  Council Regulation No 3177/76 of 21 December 1976 incorporates with effect
 from 1 January 1977 the 157*8 weighting for Brussels and Luxembourg into the
 basic salary scale of ofiicials of the European Communities »
 This was done in accordance with the criteria laid down in the Council
 Decision of 29 June 1976 laying down the method for adjusting the remuneration
 of officials and other servants of the Communities , and in particular with the
 provisions of Section II , 6(c ) thereof .
 As a resul o of this method ox incorporating' the weighting "being used , some
 serving officials have gained considerably whereas a fairly large number Qf
 recipients of pensions and termination of service allowances under the special
measures contained in Regulations Eos 259/68 , 2530/?2 and l'543/73 have suffered
 equally heavy losses .
The Working Party on the Staff Regulations ( national experts ) did consider the
distortion giving rise to financial gains .
However , it was not foreseen that incorporation would lead to losses in a
number of cases .
Clearly , every effort should "be made to arrive at a formula that will enable
incorporation to be effected without distortion in either direction .
The Commission therefore undertakes to propose to the Council before the next
annual review a formula that will as far as possible render the incorporation
measures neutral .    Before drawing up the proposal , the Commission will
consider the most likely technical solutions ^ including having different basic
salary scales for different family circumstances or indexing the amounts to
which the various rates of Community tax apply .
Meanwhile the losses suffered by a number of recipients of pensions and
termination of service allowances must be eliminated ; at no time were those
losses foreseen when the effects of the weighting incorporation method were
being studied by the Working Party .
It is proposed , therefore , that a provision be inserted in Section II , 6(c )
of the Decision laying down the method for adjusting remuneration stipulating
that , where incorporation would give rise to a net pension or termination of
service allowance smaller than that to which the person concerned was or would
have been entitled during the month preceding incorporation , the pension or
allowance shall be equal to that determined in accordance with the provisions
in force during that month .
 ---pagebreak---                                     - 2 -
This measure must also "be included, in Regulation Uo 3177/ 76 , the entry into
force of which with effect from 1 January 1977 has revealed unforeseen and
undesired effects .  The proposal for a Regulation attached hereto satisfies
this requirement .
 ---pagebreak---                                P ropos al for a
              COUNCIL REGIJLATION (EEC , EURATOM , ECSC ) lío
              amending Council Regulation No 3177/ (6 adjusting the
              remuneration and pensions of officials and other
              servants of the European Communities and the weightings
              applied thereto
THE COUNCIL OF THE EUROPEAN COMMUNITi "S ,
Having regard to the Treaty establishing a Single Council and a Single
Commission of the European Communities ,
Having regard to the Staff Regulations of Officials and the Conditions of
Employment of Other Servants of the European Communities as laid down "by
Regulation (EEC , Euratom , ECSC ) No 259/68-'- , as last amended by Regulation
 (EEC , Euratom , ECSC ) No 1376/77^* and in particular Articles 64 , 65(1 ) and
82 of the Staff Regulations and the first paragraph of Article 20 and
Article 64 of the Conditions of Employment „
Having regard to the proposal from the Commission ,
Whereas Council Regulation No 3177/76 of 21 December 1976 adjusting the
remuneration and pensions of officials should be amended to remedy the
difficulties which have become apparent following application of that Regulation
to the payment of the -pensions 8md special termination of service allowances
of a number of foimer officials ,
HAS ADOPTED THIS REGULATION?
                                     Article 1
1.     With effect from 1 January 1977 » Regulation (ECSC , EEC , Euratom)
No 3177/76 is amended as follows s
After Article 4 > there is inserted an Article 4a worded as follows :
Article Aa,
Where application of Articles l(2)(a ) and 2(2 ) has the effect , after deduction
of the appropriate contributions and tax , of milking a pension or an allowance
payable upon termination of service pursuant to Regulation No 259/68 , No 2530/72
or No 1543/73 smaller than that to which the recipient was or would have been
entitled under the provisions applying before the entry into force of the
abovementioned provisions , the said pension or allowance shall be equal to
that determined in accordance with the provisions previously in force .
  OJ No L 56 , 4.3.1968 , p . 1 .
20J No L 157 , 28.6.1977 , P- 1
 ---pagebreak---                                  Article 2
This Regulation shall enter into force on the day following its publication
in the Official Journal of the European Communities .
This Regulation shall "be binding in its entirety and directly applicable
in all Member States .
      I
Done at Brussels ,                                         For the Council ,
                                                            The President
 ---pagebreak---                             PROPOSAL
         FOR AH AMENDMENT TO THE METHOD OF ADJUSTING
         THE REMUNERATION OF OFFICIAL   WTO OTHER SERVANTS
         OF THE EUROPEAN COMMUNITIES
A fifth indent worded as follows is added to Section 11.6(c ):
"Where incorporation would give rise to a net pension or termination
of service allowance smaller than that to which the person concerned
was or would have been entitled during the month preceding incorporation ,
the pension or allowance shall he equal to that determined in accordance
with the provisions in force during that month ."