CELEX: 51990PC0149
Language: en
Date: 1990-04-23
Title: PROPOSAL FOR A COUNCIL REGULATION ( ECSC, EURATOM, EEC ) AMENDING REGULATION NO 6/66/EURATOM, 121/66/EEC OF THE COUNCILS

COMMISSION OF THE EUROPEAN COMMUNITIES
                                           C0MC90) 149 final
                                           Brussels, 23 April 1990
                            Proposal for a
               COUNCIL REGULATION (ECSC, EURATOM, EEC)
   amending Regulation No 6/66/Euratom, 121/66/EEC of the Councils
                    (presented by the Commission)
 ---pagebreak---                            raCPTAHATDKf MTMnRftNTOi
1. Adoption by the Council on 5 October 1987 of Annex X to the Staff
   Regulations laying down special rules applicable to staff working
   outside the Community helped, among other things, to resolve the issue
   of the aocommodation costs facing all expatriates. Under these new
   provisions the full cost of aocommodation is met by the institution.
   This means, however, that the emoluments paid (in particular the
   geographical weighting) incorporate no compensation for this
   expenditure.
   However, these provisions apply to non-<!ommunity countries only, and
   make no provision for countries situated within the Community.
2. It is true that the geographical weightings contain an 'aocommodation
   cost' component based on surveys among estate agents on the going rents
   asked of new arrivals. Experience has shown, however, that in certain
   towns and cities officials who are compulsorily transferred are unable
   to find accommodation at the average rents asked by estate agents. The
   fact that compulsory transfer under the rotation system may force
   officials to take aocommodation at rents outside the reference soale
   means that the weighting does not offset the cost of accommodation and
   that the proportion of salary spent on it is unduly high, thereby
   jeopardizing the principle of equal treatment. Action must be taken to
   cope with this situation, bait only where it actually arises.
3. Steps consequently need to be taken to remedy this situation to avoid
   imposing an excessive financial burden on the officials concerned and
   deterring qualified candidates from transferring, thereby impairing the
   smooth operation of Commission departments and ultimately compromising
   the attainment of the Commission's objectives.
   The rules as they now stand go only part of the way to meeting these
   requirements. A revision of weightings is not necessarily the best
   solution, since these are designed to establish comparisons between the
                                                                          A as,
 ---pagebreak---                                    - 2 -
   cost of living on a long-term basis in the various places of employment
   and cannot be used to cater for the very specific situation of staff
   subject to the rotation system.
   Article 14 of Annex VII to the Staff Regulations makes provision for
   covering certain costs incurred as a result of an official's posting,
   but relates exclusively to staff members who incur entertainment
   expenses. It does nothing to help those who do not.
   The Regulation implementing Article 14a of Annex VII to the Staff
   Regulations1 is geographically limited. Furthermore, its financial
   provisions are inadequate to meet the case in point since aHowanoes are
   restricted to 8% of net remuneration.
4. The best course would therefore seem to be to amend this Regulation to
   provide a better solution to the accommodation problem facing officials
   who - in the interests of the service and within the limits of the
   postings available - are subject to the rotation system.
1 Council Regulation No 6/66 Euratom, 121/66/EEC of 28 July 1966.
                                                                           A I*
 ---pagebreak---                                       - 2 -
                                 Proposal for a
                    COUNCIL REGULATION (ECSC, EURATOM, EEC)
        amending Regulation No 6/66/Euratom, 121/66/EEC of the Councils
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having   regard  to  the  Staff   Regulations   of  Officials   of  the   European
Communities and the Conditions of Employment of Other Servants of the European
                                                                        1
Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68 , as last
                                                            2
amended by Regulation (EEC, Euratom, ECSC) No 2187/89 , and in particular
Article 14a of Annex VII thereto,
Having regard to Regulation No 6/66/Euratom, 121/66/EEC of the Councils laying
down the list of places for which a rent allowance may be granted, the maximum
amount of that allowance and the rules for granting it, of 28 July 1966 ,
Having regard to the proposal from the Commission,     submitted after consulting
the Staff Regulations Committee,
Whereas the officials posted, under a rotation system, to places of employment
other  than the  provisional  seats  of the   institutions may   be faced   with a
particularly difficult accommodation situation because of the limited duration
of the posting;
Whereas this situation is liable to impair the mobility of the officials in
question and the smooth operation of the departments located in those places
of employment;  whereas consequently Regulation No 6/66/Euratom, 121/66/EEC of
the Councils should be amended;
1
  OJ No L 56, 4.3.1968, p. 1.
2
  OJ No L 209, 21.7.1989, p. 1.
3
  OJ No 150, 12.8.1966, p. 2749/66.
 ---pagebreak--- uAS ADOPTED THIS REGULATION:
                                      Article 1
The following Article 6a is added after Article 6 of Regulation 6/66/Euratom,
121/66/EEC:
                                    "Article 6a
By  way of  derogation   from  Articles   2 and   6,   officials   posted  under the
rotation system to places of employment within the Community,         other than the
seats of the institutions,    may be granted a rent allowance in accordance with
the conditions set out in Articles 4 and 5.
This allowance   may not   be combined   with the    allowance  referred  to in the
second subparagraph of Article 14(1) of Annex VII to the Staff Regulations. It
shall be limited to the duration of the official's posting and shall not be
paid for more than 6 years after the date on which he takes up duty."
                                      Article 2
This  Regulation  shall  enter   into  force on   the day    following  that  of its
publication in the Official Journal of the European Communities.
It shall enter into force on 1 January 1990.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
Done at Brussels,                             For the Council
                                              The President
 ---pagebreak---                                 FICHE FINANCIERE
OBJET : incidence budgétaire de la proposition de règlement du Conseil
        portant modification du règlement n° 6/66 EURATOM, 121/66/CEE
         (indemnité de logement)
Pour l'année 1990 l'incidence prévisible      pour le budget des  Communautés
s'établit à environ 140 000 écus.
                                                                              u
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                                                                                    I
                                                              COM(90) 149 final
                                                      DOCUMENTS
EN                                                                              12
                                Catalogue number : CB-CO-90-174-EN-C
                                                             ISBN 92-77-59612-G
Office for Official Publications of the European Communities
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