CELEX: 31963R0004(01)
Language: en
Date: 1963-07-11 00:00:00
Title: Regulation No 4/63/Euratom of the Council of 11 July 1963 determining the persons entitled to the allowances which may be granted to certain officials covered by Article 92 of the Staff Regulations to compensate for the arduous nature of certain work, the terms governing such allowances and the rates of payment

Official Journal of the European Communities                                  35
24.7.63                        OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES                                     2005/63
                              REGULATION No 4/63/EURATOM OF THE COUNCIL
                                                       of 11 July 1963
              determining the persons entitled to the allowances which may be granted to certain
              officials covered by Article 92 of the Staff Regulations to compensate for the arduous
              nature of certain work, the terms governing such allowances and the rates of payment
THE     COUNCIL      OF     THE    EUROPEAN        ATOMIC         arduous nature by reasons of the conditions in which
ENERGY COMMUNITY,                                                 it has to be done .
Having regard to Regulation No 31 (EEC), 11
(EAEC) 1 on the Staff Regulations of Officials and the                                    Article 2
Conditions of Employment of Other Servants of the
European Economic Community and the European
Atomic Energy Community, and in particular Article                Such allowances may be granted only if the arduous
100 of those Staff Regulations ;                                  nature of the working conditions is unavoidable
                                                                  owing to exigencies of the service or to safety
                                                                  requirements .
Having regard to the proposal from the Commission;
Whereas it is for the Council, acting on a proposal                                       Article 3
from the Commission, to determine the persons
entitled to the allowances and the conditions and rate            The allowances shall be expressed in points, one
of the allowances which may be granted to certain                 point being equal to 0-032% of the minimum
officials covered by Article 92 of the Staff                      subsistence rate defined in Annex VIII (6) to the
Regulations to compensate for the arduous nature of               Staff Regulations. This gives a figure at 1 January
certain work;                                                     1962 of 1 point = Bfrs 1-50. Such allowances shall
                                                                  be adjusted by the corrective factor provided for in
                                                                  Article 64 of the Staff Regulations .
HAS ADOPTED THIS REGULATION :
                                                                                          Article 4
                         Article 1
                                                                  The table below shows the amount of the monthly
Allowances may be granted to officials covered by                 allowances payable to officials regularly and
Article 92 of the Staff Regulations who are called                continuously engaged in work of the nature defined
upon to do certain work which is of particularly                  in Articles 1 and 2 .
 1 OJ No 45 , 14.6.1962, p . 1385/62 .
 ---pagebreak--- 36                                    Official Journal of the European Communities
                                                                                                        No of points
                                                                                                          monthly
                                                                                                       for categories
                                                                                                         A , B, C, D
              1.    Safety of the individual
                    (a) Wearing of uncomfortable special clothing for protection against fire,
                        contamination, radiation or corrosive substances :
                        — heavy protective clothing (lead, asbestos or similar)                                600
                        — diving-suit                                                                        1000
                    (b) Partial protection :
                        — independent breathing apparatus                                                      800
                        — respirator                                                                           500
                        — glove-box or telemanipulative appliances                                             200
              2.    Place of work
                    (a) Decompressed atmosphere (reactors, laboratories and hot workshops)                     300
                    (b) Dangerous sites : mine or other underground passages and quarries ;
                        places where work is carried out more than 6 metres from the ground
                        involving exceptional risks (e.g. travelling gantry)                                   400
              3.    Nature of work
                     Very dirty work such as that listed in the Annex to this Regulation                       400
For officials regularly but not continuously engaged                                                               Category
in such work, the amount of the allowance shall be                            Nature of duty
                                                                                                       A          B        c   D
reduced proportionately, and such reduction may be
fixed at a flat rate by the appointing authority.                    (a) Full 8-hour night shift,
                                                                         weekdays                      56 '      48       40   40
                          Article 5
                                                                     (b) 8-hour day or night
                                                                         shift, Sundays or public
The allowances set out in paragraph 1 of the Table                       holidays                     112        96       80 ■ 80
in Article 4 shall not be payable concurrently; the
same applies to those in paragraph 2 of the Table.
Furthermore, the allowances set out in paragraphs 1                                           Article 7
and 3 of that Table shall not be payable
concurrently.                                                        Allowances under Articles 1 to 6 shall not exceed
                                                                     1500 points per person per month.
In cases covered by the two preceding subparagraphs,
where more than one allowance would be due, only
                                                                                              Article 8
the one at the highest rate shall be paid.
                                                                     This Regulation shall apply by analogy to temporary
                          Article 6
                                                                     staff, auxiliary staff and establishment staff.
The table below shows the amount of the allowances
expressed in points, per eight-hour shift payable to                                          Article 9
officials for night, Sunday or public holiday duty as
part of a continuous operation decided by the                        This Regulation shall enter into force on 1 August
appointing authority.                                                1963 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 11 July 1963 .
                                                                                                  For the Council
                                                                                                    The President
                                                                                                 J. M. A. H. LUNS
 ---pagebreak---                             Official Journal of the European Communities                              37
                                                 ANNEX
                                     List provided for in Article 4 (3 )
I. The appointing authority may grant an allowance as provided for in Article 4 to officials
covered by Article 92 of the Staff Regulations who are engaged in handling or who work with
certain substances in conditions of a particularly arduous nature .
II .     These substances are :
A. Corrosive and asphyxiant substances :
     1 . In handling :
         Halogens , hydrohalogenous acids (hydrochloric and hydrofluoric acids), halogenous
         fluorides :
         sulphuric acid , sulphur chloride, caustic soda and caustic potash, ammonia.
     2. In technical processes :
         Scouring and de-activation of stainless steels and light alloys, by submersion in or contact
         with oxidising or scouring agents such as HN0 3-HF, H 2SO ,,, NaOH + Na0 3, NaH.
B.   Toxic substances :
     1 . In handling :
         Toxic forms of radioactive substances :
         beryllium and compounds thereof ; arsenic and compounds ; mercury, compounds and
         amalgams ; tetraethyl lead ; hydrocyanic acid, cyanides and acrylonitrile ; nitric oxide and
         nitrogen dioxide ; phosphorus and phosphoric ethers ; selenium ; deuterium oxide.
     2. In technical processes :
         Manufacture, concentration or storage of toxic forms of radioactive substances :
         casting, welding and working lead or alloys of lead antimony or cadmium antimony .
C. Substances which are highly flammable and explosive or highly flammable or explosive :
     1 . In handling :
         Compressed gases : acetylene, oxygen , methane, ethane, ethylene and rare gases ; volatile
         organic solvents such as methyl alcohol, ethyl alcohol, diethyl ether, acetone, benzol,
         toluene ;
         liquid metals such as sodium, potassium ; sulphur.
     2. In technical processes :
         Argon welding ;
         cleaning and degreasing very dirty parts with solvents such as trichloroethylene ;
         use of organic liquids such as diphenyl, terphenyls, polyphenyls, Dowtherm, high-boiler
         residues in circuits ;
         pouring of paraffin or bitumen.
 ---pagebreak--- 38                           Official Journal of the European Communities
   D. Dirty substances :
        1 . In handling :
            Cadmium, chromium, nickel , bismuth , barium , vanadium and manganese compounds in
            powder form ;
            powdered iron oxide.
        2. In technical processes :
            Processing of graphite ;
            greasing and draining pumps and motors such as vacuum pumps , fluid circulation pumps,
            decompression pumps, compressed air generators ;
            polishing with special substances ;
            handling of metal slags.
   III.     This Annex shall be amended by the Council on a proposal from the Commission, according
   to scientific and technical developments .