CELEX: 51974PC0860(01)
Language: en
Date: 1974-06-05
Title: PROPOSAL FOR A REGULATION OF THE COUNCIL AMENDING THE STAFF REGULATIONS OF OFFICIALS AND THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS OF THE EUROPEAN COMMUNITIES

26. 7. 74                          Official Journal of the European Communities                           N o C 88/25
                                             COMMISSION
             Proposal for a Council Regulation amending the Staff Regulations of Officials and
                the Conditions of Employment of Other Servants of the European Communities
                        (Submitted  to the Council by the Commission       on 13 June 1974)
THE COUNCIL OF THE EUROPEAN                                      'However, an official who is a candidate for
COMMUNITIES,                                                     elective public office at parliamentary level may
                                                                 upon request be granted special leave as provided
Having regard to the Treaty establishing a Single                in Annex V.'
Council and a Single Commission of the European
Communities, and in particular Article 24 thereof;
Having regard to the proposal from the Commission,                                    Article 2
made after consulting the Staff Regulations Com-
mittee ;                                                      The following words are added at the end of the last
                                                              paragraph of Article 21:
Having regard to the Opinion of the European
Parliament;
                                                                 'or of the relevant safety standards.'
Having regard to the Opinion of the Court of Justice;
Whereas Article 2 of Council Regulation (EEC,
Euratom, ECSC) N o 259/68 (x) of 29 February 1968,                                    Article 3
as last amended by Regulation (EEC, Euratom,
ECSC) N o 2/74 (2), lays down the Staff Regulations           The following is added to the third paragraph of
of Officials of the European Communities and                  Article 23:
Article 3, the Conditions of Employment of Other
Servants of the European Communities; whereas it
                                                                 'They may also, by special decision of the appoint-
is for the Council, acting by a qualified majority on
                                                                 ing authority, be issued to officials in other
a proposal from the Commission and after consulting
                                                                 grades where this is in the interests of the service.'
the other institutions concerned, to amend the Staff
Regulations and the Conditions of Employment;
"Whereas, in the light of experience gained in applying
                                                                                      Article 4
the said Staff Regulations and the said Conditions of
 Employment and of relevant developments within
the Member States, it is appropriate to amend certain         The following new Article 24 b is inserted after
 provisions thereof,                                          Article 24 a:
 HAS ADOPTED THIS REGULATION:                                     'Article 24b
                       CHAPTER I                                  1. Officials shall have the right to strike, subject
                                                                  to the following provisions.
 Amendments to the Staff Regulations of Officials of
              the European Communities
                                                                  2. Members of the staff who choose to take part
                                                                  in the strike shall be free to do so without let or
                        Article 1                                 hindrance.
 The following sentence is added to the last paragraph
 of Article 15:                                                   3. All property and all persons who do not take
                                                                  part in the strike shall be respected.
 Q) OJ No L 56, 4. 3. 1968, p. 1.                                 4. There shall be a period of notice before the
 (2) OJ No L 2, 3. 1. 1974, p. 1.                                 strike begins.
 ---pagebreak--- No C 88/26                         Official Journal of the European Communities                              26. 7. 74
    5. The remuneration, other than family allow-             establishment of the Joint Research Centre or on
    ances, of an official who is absent from work by          indirect action' are deleted from the third paragraph
    reason of a strike shall, save as otherwise decided       of Article 55.
    by the institution, be reduced proportionately.
    6. On the basis of the foregoing provisions each
                                                                                     Article 10
    institution shall conclude implementing agreements
    with the staff representatives, after consulting the
    Staff Regulations Committee.'                             1. In the first paragraph of Article 56, the words
                                                              '150 hours' in the last sentence are replaced by '175
                                                              hours'; and the following sentence is added:
                         Article 5
                                                                  'However, as regards certain posts of clerical
The last phrase of the second paragraph of Article 32             officer and messenger, up to a number of posts
is amended to read as follows:                                    determined in advance by the budgetary authority,
                                                                  a total of not more than 200 hours of overtime
    'this shall not exceed 72 months.'                            may be worked in any period of six months where
                                                                  this is necessary for safety or security reasons.'
                         Article 6
The following second paragraph is added to Article            2. The following sentence is added to the second
33:                                                           paragraph of Article 56:
    'If the candidate disagrees with the result of this           'However, any official in Category B who is
    examination, he may request the institution to                required to work overtime between 10 p.m. and
    submit his case for a decision by the Medical                 7 a.m. may, by special decision of the appointing
    Board. He may be represented by the doctor of his             authority, be granted compensatory leave or
    choice.'                                                      remuneration for overtime worked between those
                                                                  hours.'
                         Article 7
                                                              3. The words 'and officials in Category B covered
The following second subparagraph is added to                 by the preceding paragraph' are inserted after the
Article 34 (1):                                               words 'officials in Categories C and D' in the third
                                                              paragraph of Article 56.
    'Where during his probationary period an official
    is prevented, by sickness or accident, from per-
    forming his duties for one month or more, the
    appointing authority may extend his probationary                                 Article 11
    period by the corresponding length of time.'
                                                              The words 'paid from appropriations in the research
                         Article 8                            and investment budget and employed in an estab-
                                                              lishment of the Joint Research Centre or on indirect
Article 40 (3) is amended to read as follows:                 action' are deleted from the first paragraph of Article
                                                              56a.
    '3. During leave, an official shall not be entitled
    to advancement to a higher step or promotion in
    grade.
                                                                                     Article 12
    An official who is on leave on personal grounds
    shall continue to pay pension contributions based         The words 'paid from appropriations in the research
    on the salary for active employment carried by his        and investment budget and employed in an establish-
    grade and step in the institution to which he             ment of the Joint Research Centre or on indirect
    belongs.'                                                 action' are deleted from the first paragraph of Article
                                                              56b.
                         Article 9
1. In the second paragraph of Article 55, the words
'42 hours' are replaced by '40 hours'.                                               Article 13
2. The words 'paid from appropriations in the                 In Article 58 the words 'eight weeks' and '14 weeks'
research and investment budget and employed in an             are replaced by '12 weeks' and '18 weeks' respectively.
 ---pagebreak--- 26. 7. 74                            Official Journal of the European Communities                           No C 88/27
                        Article 14                                                      Article 18
                                                                The words 'with the exception of leave on personal
Article 67 (1) (a) is amended to read as follows:               grounds' are deleted from the second paragraph of
                                                                Article 79.
    '(a) household allowance equal to 5% of the
    official's basic salary or 5% of the basic salary
    of an official in the highest step of Grade B 2,                                    Article 19
    whichever is the greater;'
                                                                The following new Article 79a is inserted after Article
                                                                79 in Title V:
                        Article 15                                  'Article 79a
The following new Article 70a is inserted after Article             Article 79 shall apply by analogy to the widower
70 in Title V:                                                      of an official or former official.'
    'Article 70a                                                                        Article 20
    Officials assigned by the appointing authority to           1. Article 86 (2) (f) is amended to read as follows:
    teaching duties under the staff training scheme
    provided for in the third paragraph of Article 24               '(f) removal from post and, where appropriate,
    may qualify for an allowance payable in manner                  reduction of entitlement to retirement pension;'.
    provided in Article 4b of Annex VII.'
                                                                2. Article 86 (2) (g) is amended to read as follows:
                                                                    '(g) where the official has left the service, where
                        Article 16                                  appropriate, withdrawal in part, either temporarily
                                                                    or permanently, of entitlement to retirement
                                                                    pension; this provision shall not apply so as to
The following paragraph is added to Article 73:                     affect those entitled under him.'
    '4. Where an accident causing the death of or
                                                                                        Article 21
    injury to an official or a person covered by his
    insurance is caused by a third party, the rights
    of action of the official or of those entitled under        In Annex IA, the entries under the heading 'Language
    him against the third party shall, within the limits        service' are amended to read as follows:
    of their obligations under Articles 72, 73 (3) and
    75, vest in the Communities.'                                  'L/A2        Director of Translation or Interpre-
                                                                                tation Directorate.
                                                                    L/A3        Head of Translation or Interpretation
                        Article 17                                              Division.
                                                                                Head of Translation or Interpretation
1. Article 74 (1) is amended to read as follows:                                Group.
                                                                    L/A 4
     '1. On the birth of a child to an official, the person                     Principal reviser.
     actually looking after the child shall receive a
    grant equal to 50% of the basic salary of an                                Reviser.
    official in Grade D 4, step 4, weighted at the rate             L/A 4
    for the country where the official is employed.                             Principal translator.
                                                                    L/A 5
    The same grant shall be payable to an official                              Principal interpreter.
    who adopts a child in respect of whom he qualifies
    for dependent child allowance.'
                                                                    L/A 6       Translator.
                                                                    L/A 7       Interpreter.
2. In Article 74 (3) the words 'an official receiving'
are replaced by 'the recipient of', the words 'which
                                                                                Assistant translator.
he or his spouse receive' by 'received' and the words               L/A 8
'to the mother only' by 'once only'.                                            Assistant interpreter.'
 ---pagebreak--- N o C 88/28                          Official Journal of the European Communities                               26. 7. 74
                          Article 22                                'Where an official's travel expenses are reimbursed
                                                                    under the second subparagraph of Article 8 (2) of
The following third paragraph is added to Article 7                 Annex VII, the travelling time based on the distance
of Annex II:                                                        by rail between the place of leave and the place
                                                                    of employment shall be as follows:
    'In the event of failure to agree on a third doctor
    within two months of the appointment of the                     — up to 900 k m : one day for the outward-and-
    second doctor, the third shall be appointed by                      return journey
    the President of the Court of Justice of the Euro-
                                                                    — more than 900 k m : two days for the outward-
    pean Communities at the request of one of the
                                                                        and-return journey.'
    parties concerned.'
                                                                                         Article 26
                          Article 23
                                                                1. In the   first sentence of Article 1 of Annex VI the
The following new paragraph is added after paragraph            words 'or   by an official in Category B as specified in
1 of the sole Article in Annex IV:                              Article 56  of the Staff Regulations' are inserted after
    ' l a . The official shall be entitled, in respect of       the words    'Category C or D'.
    himself and persons covered by his insurance, to
    benefits under the sickness insurance scheme                2. In Article 1 (a) of Annex VI, the words 'one hour'
    provided in Article 72 of the Staff Regulations, on         are replaced by 'one hour and a half' and the words
    condition that the official pays the appropriate            'one hour and a half' are replaced by 'two hours'.
    contribution calculated by reference either to his
    basic salary or to the percentage thereof specified         3. In Article 1 (b) of Annex VI '0-72%' is replaced by
    in paragraph 1 and that he cannot be covered by             '0-9%'.
     any other public scheme against the same risks.
    When the official's entitlement to the allowance
                                                                4. In Article 3 of Annex VI, the words 'and officials
     ceases, his contribution shall be calculated by
                                                                in Category B specified in Article 56 of the Staff
     reference to the monthly allowance last received.
                                                                Regulations' are inserted after the words 'Categories
     Where the official has started to draw a pension
                                                                C and D'.
     under the pension scheme provided in the Staff
     Regulations of Officials of the European Com-
     munities, he shall for purposes of Article 72 be
     treated in the same way as an official who has                                      Article 27
     remained in the service until the age of 60 years.'
                                                                1. In Article 1 (3) of Annex VII 'Bfrs 250 000' is
                                                                replaced by 'the basic annual salary of an official in
                          Article 24                            Grade C 3, step 3, weighted at the rate for the country
                                                                where the spouse is employed'.
1. The second sentence of Article 6 of Annex V is
amended to read as follows:                                     2. The following paragraph is added to Article 1 of
                                                                Annex VII:
     'In particular, the following events shall give
     entitlement to special leave as shown:'                         '5. An official who is not and has never been a
                                                                     national of the State in whose territory he is
                                                                     employed but does not qualify for expatriation
2. The following second paragraph            is added to
                                                                     allowance under Article 4 shall be entitled to
Article 6 of Annex V:
                                                                     household allowance.
     'The same shall apply in the following cases:
     — candidature for elective public office at                     Where such official is entitled to household
           parliamentary level: up to two months;                    allowance by virtue of the preceding paragraphs,
                                                                     the amount of the allowance payable to him shall
     — staff training: within the limits set by the staff            be twice the amount specified in paragraph 1.'
           training programme operated by the institution.'
                                                                                         Article 28
                          Article 25
                                                                 1. In the second paragraph of Article 3 of Annex VII
T h e following new paragraph is inserted after the              the word 'primary' is deleted and 'a' is replaced by
first paragraph of Article 7 of Annex V:                         'an'.
 ---pagebreak---  26. 7. 74                             Official Journal of the European Communities                               N o C 88/29
2. T h e third paragraph of Article 3 of Annex VII is                This allowance shall each month be equal to the
amended to read as follows:                                          difference between:
    ' T h e maximum prescribed in the first paragraph
                                                                     — the last remuneration received by the official
    shall be doubled f o r :
                                                                          in his former grade, less his contributions to
    — an official whose place of employment is at                         the pension, sickness insurance and accident
          least 50 km f r o m a European school or an                     and occupational disease insurance schemes and
          educational establishment working in his                        Community t a x ; and
          language, provided that the child actually
          attends an educational establishment at least              — the remuneration which he receives in his new
          50 km f r o m the place of employment; and                      grade, less his contributions to the pension,
                                                                          sickness insurance and accident and occupa-
    — an official whose place of employment is at                         tional disease insurance schemes and Community
          least 50 km from an educational establishment                   tax.'
          of post-secondary level in the country of which
          he is a national or working in his language,
          provided that the child actually attends an
                                                                                           Article 31
          educational establishment of post-secondary
          level at least 50 km from the place of employ-
          ment.'                                                  After Section 2a of Annex VII a new Section 2b is
                                                                  inserted, entitled 'Teaching allowance', containing
                                                                  the following new Article 4b:
                           Article 19                                 'Section 2b
1. The word 'European' is deleted f r o m Article 4 (a)               Article 4b
of Annex VII.
                                                                      The appointing authority may grant to an official
2. The following paragraph is added to Article 4 of                   as referred to in Article 70a of the Staff Regulations
Annex VII:                                                            an allowance equal to 0-45% and 0-90% of his
                                                                      monthly basic salary in respect of each hour of
     '2. For purposes of the preceding paragraph, an                  instruction given, according as the instruction is
     official who by marriage automatically acquires                  given during or out of normal working hours.
     the nationality of the State in whose territory he
     or she is employed shall be treated in the same way
                                                                      The allowance shall be paid together with the
     as an official covered by the first indent of para-
                                                                      remuneration for one of the months following
     graph 1 (a).
                                                                      that in which the instruction was given.'
                           Article 30
                                                                                           Article 32
1. The word 'temporary' is deleted from the first
                                                                  1. The following sentence is added to the second
sentence of Article 4a of Annex VII.
                                                                  indent of the first subparagraph of Article 7 (2) of
                                                                  Annex VII:
2. T h e second sentence of Article 4a of Annex VII
is amended to read as follows:                                        'However, if the outward-and-return journey
                                                                      covers a distance of 725 km or more, officials in
     'The amount of the allowance shall be determined                 Categories C and D shall be reimbursed the first-
     by the Council in accordance with the procedure                  class fare.'
     laid down in Article 65 (3) of the Staff Regulations.'
                                                                  2. The following new subparagraph is inserted after
3. The following paragraph is added to Article 4a                 the first subparagraph of Article 7 (2) of Annex VII:
of Annex VII:
     '2. An official who, by reason of appointment as                'Where the route specified in the first indent of
     senior secretarial assistant or secretarial assistant,           the preceding subparagraph is longer than 250 km,
     suffers a reduction in his net remuneration by                   the official concerned shall be entitled, on
     losing his entitlement to the fixed allowance                    production of the tickets, to reimbursement of
     provided for in paragraph 1 shall receive a com-                 the cost of travelling by air in the class immediately
      pensatory allowance.                                             below luxury class or first class.'
 ---pagebreak--- No C 88/30                           Official Journal of the European Communities                                  26. 7. 74
3. In the last subparagraph of Article 7 (2) of Annex           5. In the second subparagraph of Article 12 (3) of
VII the words 'that mentioned above' are replaced by            Annex VII 'Bfrs 150' is replaced by 'Bfrs 250'.
'those mentioned above'.
                                                                                             Article 36
                        Article 33
                                                                1. Article 13 (1) (a) of Annex VII is amended to read
1. The following is inserted after the first sentence of        as follows:
Article 8 (2) of Annex VII:
                                                                    '1. (a) The daily subsistence allowance for officials
    'However, if the distance of the outward-and-                   on mission shall be paid on the following scale:
    return journey is 725 km or more, then payment
    for officials in Categories C and D shall be based
                                                                                 I                           II
    on the cost of a first-class ticket.'
                                                                Grades A 1 to A 3 and L/A2 and L/A3     Other grades
2. The following second subparagraph is added to                            Bfrs 940                    Bfrs 1 440
Article 8 (2) of Annex VII:
     'Where the distance by rail between the official's
                                                                2. In Article 13 (2) of Annex VII 'Bfrs 840' and 'Bfrs
     place of employment and his place of origin
                                                                360' are replaced by 'Bfrs 1 010' and 'Bfrs 430'
    exceeds 250 km, he shall be entitled, on production
                                                                respectively.
    of the tickets, to reimbursement of the cost of
    travelling by air in the class immediately below
    luxury class or first class.'
                                                                3. In Article 13 (3) of Annex VII 'Bfrs 300' and 'Bfrs
                                                                270' are replaced by 'Bfrs 360' and 'Bfrs 320' respective-
                        Article 34                              ly.
In the table in Article 10 (1) of Annex VII:
— £A4 to A8 and L/A4 to L/A8, Category B' is repla-             4. Article 13 (8) of Annex VII is amended to read as
    ced by 'Other grades';                                      follows:
— the third line is deleted.
                                                                    '8. Where an official on mission has a meal or
                                                                    accommodation provided or reimbursed by one
                                                                    of the institutions of the Communities or by a
                        Article 35                                  national or international administration or orga-
                                                                    nization, he shall declare it.
1. In the second and third subparagraphs of Article
12 (1) of Annex VII, '800 km' is replaced by '725 km'.              His daily subsistence allowance shall be reduced
                                                                    by Bfrs 220 for each meal provided; the allowance
2. The second sentence of the first subparagraph of
                                                                    provided for in Column II shall be reduced by
Article 12 (2) of Annex VII is amended to read as
                                                                    Bfrs 500 for each day's accommodation provided.
follows:
    'In such case reimbursement shall be made against               Where an official on mission has all his meals and
    production of tickets for the class immediately                 accommodation provided or reimbursed by one
    below luxury class or first class.'                             of the institutions of the Communities or by a
                                                                    national or international administration or orga-
3. The second subparagraph of Article 12 (2) of                     nization, be shall receive an allowance of Bfrs
Annex VII is amended to read as follows:                            250 for each period of twenty-four hours in place
                                                                    of the daily subsistence allowance for mission
    'By decision of the appointing authority, officials             provided for above.'
    accompanying a member of the institution on a
    given mission may, on production of tickets, be
    reimbursed the cost of the journey in the same              5. The following paragraph is added to Article 13
    class as that used by the member for that journey.'         of Annex VII:
4. The words 'in Category A of grades below A3                      '10. The rates given in paragraphs 1, 2, 3, 8
and in the Language service of grades below L/A3'                   and 9 shall be reviewed when remunerations are
are deleted from the third subparagraph of Article                  reviewed pursuant to Article 65 of the Staff
12 (2) of Annex VII.                                                Regulations.'
 ---pagebreak---  26. 7. 74                             Official Journal of the European Communities                             No C 88/31
                         Article 37                                                       Article 42
In the first paragraph of Article 15 of Annex VII                 1. In Article 28 of Annex VIII the words 'if the court
'Bfrs 36 000' is replaced by 'Bfrs 48 000'.                       which pronounced the decree of divorce found that
                                                                  the official was solely to blame' are deleted. ^
                                                                  2. In Article 28 of Annex VIII the words 'the divorced
                                                                  wife' are replaced by 'the divorced spouse'.
                          Article 38
                                                                                          Article 43
Article 17 (4) of Annex VII is amended to read as
follows:
                                                                  In Article 29 of Annex VIII the words 'the divorced
     'Transfers provided for in paragraphs 2 and 3                wife' are replaced by 'the divorced spouse'.
     shall be made on the basis of the par values
     referred to in the last paragraph of Article 63 of
    the Staff Regulations; the amounts transferred shall
     be multiplied by a coefficient representing the
     difference between the weighting for the country                                     Article 44
     in whose currency the transfer is made and the
    weighting for the country in which the official is            In the first sentence of the, first paragraph of Article
     employed.'                                                   37 of Annex VIII the words 'or on leave on personal
                                                                  grounds' are inserted after 'on secondment'.
                                                                                         CHAPTER II
                          Article 39
                                                                  Amendments to the Conditions of Employment of
                                                                  Other Servants of the Communities
In Article 3 (a) of Annex VIII the words 'Article 35 (a),
 (b) and (e) of the Staff Regulations' are replaced by                                    Article 45
'Article 35 (a), (b), (c) and (e) of the Staff Regulations'.
                                                                  The second paragraph of Article 4 is replaced by the
                                                                  following:
                                                                      'In places of employment outside the Community
                          Article 40                                  countries, staff engaged for duties other than those
                                                                      mentioned above may be treated as local staff
                                                                      where it would not be warranted, in the interests
 In Article 11 (2) of Annex VIII: still being considered              of the service, to assign those duties to an official
 (Repayment of pension rights).                                       or to a servant of one of the other kinds specified
                                                                      in Article 1.'
                                                                                          Article 46
                          Article 41                              The first paragraph of Article 11 is amended to read
                                                                   as follows:
 In Article 27 of Annex VIII the words 'provided that                  'Articles 11 to 26 of the Staff Regulations, concern-
 the court which pronounced the decree of divorce                     ing the rights and obligations of officials, shall apply
 found that the official was solely to blame' are                     by analogy. However, the second paragraph of
 deleted, the words 'the divorced wife' are replaced                  Article 15, concerning officials elected to public
 by 'the divorced spouse' and the word 'husband' is                   office, shall not apply to staff falling within
 replaced by 'spouse.'                                                Article 2 (a) or (b).'
 ---pagebreak---  N o C 88/32                         Official Journal of the European Communities                                  26. 7. 74
                         Article 47                                 4a of Annex VII to the Staff Regulations, concerning
                                                                    payment of family, expatriation and fixed allow-
T h e following new paragraph is inserted after the                 ances, shall apply by analogy.'
first paragraph of Article 14:
     'Where during his probationary period a member
     of the temporary staff is prevented, by sickness or                                  Article 51
     accident, f r o m performing his duties for one
     month or more, the appointing authority may                Article 80 is amended to read as follows:
     extend his probationary period by the correspon-
     ding length of time.'                                          ' T h e institution shall determine the social security
                                                                    arrangements applicable to the servant, basing
                                                                    itself upon the legislation and practice current in
                         Article 48                                 the place where he is to perform his duties.'
T h e second paragraph of Article 20 is amended to
read as follows:
                                                                                          Article 52
     'Articles 66, 67, 69, 70 and 70a of the Staff
     Regulations, concerning basic salaries, family             In Article 91 the words 'Articles 36, 40 and 42 of the
     allowances, expatriation allowance, payment in             Staff Regulations' are replaced by 'Article 36, Article
     the event of death and teaching allowance, shall           40 (except the second subparagraph of paragraph 3)
     apply by analogy.'                                         and Article 42 of the staff Regulations'.
                         Article 49
The following new paragraph is inserted after the                                        C H A P T E R III
third paragraph of Article 37:
     'Where the spouse, not being an official or member                                 Final provision
     of the temporary staff, of a member of the
     temporary staff dies, children dependent on the
     latter within the meaning of Article 2 of Annex VII
     to the Staff Regulations shall be entitled to orphan's                               Article 53
     pension in accordance with the last paragraph of
     Article 80 of the Staff Regulations.'
                                                                This Regulation shall enter into force on the day
                                                                following its publication in the Official Journal of the
                        Article  50                             European Communities,         save that Article 30 (3) shall
                                                                enter into force with effect from 1 April 1974 and
                                                                Article 2.9 (2) with effect f r o m 1 July 1972.
Article 65 is amended to read as follows:
    'Article 67 (except paragraph 1 (c)) and Article 69         This Regulation shall be binding in its entirety and
    of the Staff Regulations and Articles 1, 2, 4 and           directly applicable in all M e m b e r States.
                                                                                                                      \