CELEX: 31973R1543
Language: en
Date: 1973-06-04 00:00:00
Title: Regulation (ECSC, EEC, Euratom) No 1543/73 of the Council of 4 June 1973 introducing special measures temporarily applicable to officials of the European Communities paid from research and investment funds

11.6 . 73                            Official Journal of the European Communities                          No L 155 / 1
                                                             I
                                           (Acts whose publication is obligatory)
                  REGULATION (ECSC, EEC, EURATOM) No 1543 /73 OF THE COUNCIL
                                                      of 4 June 1973
              introducing special measures temporarily applicable to officials of the European Com­
                                     munities paid from research and investment funds
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                         HAS ADOPTED THIS REGULATION :
Having regard to the Treaty establishing a Single                                      CHAPTER I
Council and a Single Commission of the European
Communities, and in particular Article 24 thereof;
                                                                    Special and temporary measures applicable to the
                                                                 recruitment of officials of the European Communities
Having regard to the Proposal from the Commission ,                 in consequence of the Accession of new Member
submitted after consulting the Staff Regulations                                           States
Committee ;
                                                                                         Article 1
Having regard to the Opinion of the European
Parliament;
                                                                 1 . Notwithstanding the second and third
                                                                 subparagraphs of Article 4, the third subparagraph of
Having regard to the Opinion of the Court of Justice;            Article 27, Article 28 (d) and Article 29 of the Staff
                                                                 Regulations of Officials of the European
Whereas in Regulation (Euratom, ECSC, EEC) No                    Communities, provision may be made until 30 June
2530/72 (*), the Council adopted special temporary               1974 for vacant posts in grades A 1 and A 2 paid
measures concerning the Staff Regulations of officials           from research and investment funds to be filled by
of the European Communities, affecting only such                 nationals of the new Member States up to the
officials as are paid out of credits under Title I of the        number of budgeted posts reserved for this purpose
Section of the Budget relating to the Commission ;               in the list of posts or made available by the
whereas certain special measures temporarily                     application of measures for the termination of service
applicable to officials paid from research and                   provided for in this Regulation.
investment funds should also be adopted ;
                                                                 During the same period, notwithstanding the third
Whereas special provision must be made to enable                 subparagraph of Article 27 of the Staff Regulations of
officials affected by such measures to overcome the              Officials of the European Communities, provision
serious financial difficulties resulting from loss of            may be made for vacant posts in grades other than
employment and to transfer to other duties as                    A 1 and A 2 paid from research and investment funds
smoothly as possible;                                            to be filled by nationals of the new Member States up
                                                                 to the number of budgeted posts reserved for this
                                                                 purpose in the list of posts or made available by the
                                                                 application of measures for the termination of service
H OJ No L 272, 5 . 12. 1972, p . 1 .                             provided for in this Regulation.
 ---pagebreak--- No L 155 /2                          Official Journal of the European Communities                               11 . 6. 73
2. However, provision          may be made, during the         post. Following such appointment, the special
same period and under          the same conditions laid        provisions relating to scientific or technical officials
down in paragraph 1, for       vacant posts in Grades A 1      of the Communities shall no longer apply to the
to A 2 to be filled by         nationals of the original       official concerned.
Member States .
                                                               The Commission shall, where the interest of the
                                                               service so permits, accord priority treatment to
                        CHAPTER II                             applications from officials who request termination
                                                               of service under paragraph 1 . When such an
                                                               application is rejected, the rejection must indicate the
 Special and temporary measures for the termination            reasons and be communicated in writing to the per­
  of service of officials of the European Communities          son concerned.
                          Article 2                            However, requests made by officials of 60 years of
                                                               age or more for the termination of their service shall
                                                               be granted automatically by the Commission.
1 . In order to deal with exceptional problems
arising from the adoption of research programmes
involving a reduction in the number of posts                   3.     An official other than those in Grade A 1 or
provided in the plan of staff paid from European               A 2, whose name appears on the list provided for in
Atomic Energy Community research and investment                paragraph 2 must opt either for the application of
funds, and problems arising from the accession of              Article 3 or Article 4 within two months from the
new Member States to the European Communities,                 date on which he was informed that his name had
the Commission is hereby authorized until 31                   been entered on the list. The appointing authority
December 1973 and within the limit of the number of
                                                               shall apply Article 3 where an official has not
posts affected, to take measures to terminate the              communicated his choice within this time limit.
service, within the meaning of Article 47 of the Staff
Regulations, of those of its officials who are paid
from research and investment funds, under the                  4.     An official other than those in Grade A 1 or
conditions laid down below.
                                                               A 2, whose name appears on the list provided for in
                                                               paragraph 2 may opt either for termination of service
In exceptional cases, when the needs of the service            as laid down in paragraph 1 or for non-active status.
so require, this provision may be applied up to 30             If the latter, Article 41 (3 ), (4) and (5 ) of the Staff
June 1974.                                                     Regulations shall apply. An official who proposes to
                                                               opt for non-active status shall declare his choice
The same conditions shall apply when, in the                   within two months from the date on which he was
interests of the service, the Commission exercises the         informed that his name had been entered on the list;
option provided for in Article 1 (2).                          in default, he shall forgo the right to opt.
2. The Commission shall determine which posts
are to be affected by the measures provided for in             5 . The measures provided for in paragraph 1 are
paragraph 1 .                                                  in no way disciplinary.
The Commission shall draw up a list of officials
according to grade, affected by these measures after           6. Up to 30 June 1974, and without prejudice to
consulting the Joint Committee, which shall accord a           paragraph 4, the Commission shall not take any
hearing to the official when he so requests. It shall          decision in respect of officials to whom this
take into account the interests of the service and take        Regulation applies, to place on non-active status or
into consideration the official's age, ability, efficiency,    to retire such official in the interests of the service
conduct in the service, family circumstances and               under the conditions laid down in Articles 41 and 50
seniority.                                                     respectively of the Staff Regulations.
Notwithstanding Article 4 (2 and 3 ), and Articles 29
and 45 (2) of the Staff Regulations, an official whom
                                                                                         Article 3
the    Commission       intends    to   include   in    the
^bovementioned list and who has not asked for his
employment to be terminated may, at his own                    1 . An official whose service is terminated pursuant
request, be appointed to a vacant post of a                    to Article 2 ( 1 ) shall be entitled :
corresponding grade that is not paid for from
research and investment funds, provided always that            ( a) for a period of one year, to a monthly allowance
he possesses the necessary qualifications for such a                equal to his last remuneration,
 ---pagebreak--- 11 . 6 . 73                         Official Journal of the European Communities                             No L 155 /3
( b ) for a period fixed in accordance with the table in       which he attained the age of 65 . The basic salary to
      paragraph 2, to a monthly allowance equal to :           be taken into account when fixing the allowances
                                                               provided for under this paragraph is that applicable
      — 80 % of his basic salary, for the 30 following         on the first day of the month for which the allowance
           months ;                                            is payable.
      — 70 % of his basic salary thereafter.                   2.    In order to determine on the basis of the
                                                               official's age the period during which he shall receive
                                                               the allowance provided for in paragraph 1 ( b), the
Entitlement to that allowance shall cease not later            coefficient fixed in the following table shall be
than the day on which the official reaches the age of          applied to the length of his service, including
65 . Where the official is entitled to the maximum             continuous service as a member of the temporary or
pension before the age of 65 , he may continue to              auxiliary staff; this period is rounded off, where
receive the allowance until the end of the month in            appropriate, to the earlier month.
                    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
                    23     22-5     33       37-5      43      52-5       53       67-5     63       82-5
                    24     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
                    28     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                  calculated on the basis of the salary scale in force on
shall be weighted, in accordance with the second               the first day of the month for which the allowance is
subparagraph of Article 82 ( 1 ) of the Staff                  payable. That remuneration shall be weighted as
Regulations, for the Community country where the               provided for in paragraph 3 .
 recipient provides proof of residence .
                                                               The official concerned shall provide any written proof
 If the recipient of that allowance resides outside the        which may be required and shall notify the
 Community countries the weighting to be applied to            Commission of any factor which may alter his right
 the allowance shall be that valid for Belgium .
                                                                to payment.
 The allowance shall be expressed in Belgian francs .
 It shall be paid in the currency of the country of
 residence of the recipient.                                   5 . All family allowances shall remain payable
                                                               where the official receives the allowance provided for
                                                               in paragraph 1 . Article         67 (2)    of  the  Staff
 Allowances paid in a currency other than Belgian              Regulations shall apply.
 francs shall be calculated at the exchange rate
 specified in the third subparagraph of Article 63 of
 the Staff Regulations .
                                                                6. The official shall be entitled, in respect of
                                                                himself and persons covered by his insurance, to
4.       The income accruing to the official concerned          social security benefits under the scheme laid down in
 from any new employment during the period                      Article 72 of the Staff Regulations, provided he pays
 specified in paragraph 1 (b) above shall be deducted           the contribution calculated on the basis of the basic
 from the allowance provided for during that period,            salary attaching to his grade and step or that
 in so far as that income plus that allowance exceeds           proportion of it specified in paragraph 1 and he is
 the total remuneration last received by the official           not covered against the same risks by another public
 ---pagebreak---  No L 155 /4                         Official Journal of the European Communities                                 11 . 6 . 73
scheme. At the end of the period during which the               longer entitled to the allowance provided for in
 official is entitled to the allowance, his contribution        paragraph 1 may, on attaining the age of 55 , claim
shall be calculated on the basis of the last monthly            immediate payment of his retirement pension,
allowance he receives .                                         without any reduction thereof being made under
                                                                 Article 9 of Annex VIII of the Staff Regulations.
Where the official benefits from a pension under the
pension scheme provided for in the Staff Regulations            In fixing the amount of the survivor's pension, to
of Officials of the Communities, he shall, for the              which the widow of an official who has died during
purposes of Article 72, be treated in the same way as           such period is entitled, the provisions of the second
an official who has remained in service until the age           subparagraph of Article 79 of the Staff Regulations
of 60 .                                                         shall apply mutatis mutandis.
7.      During the period for which he is entitled to           8 . If, in application of these provisions, the official
receive the allowance the official shall continue to            is entitled to receive a pension before the age of 60,
acquire further rights to retirement pension based on           he shall be entitled to the family allowances provided
the salary attaching to his grade and step, provided            for in Article 67 of the Staff Regulations .
that he pays the contributions provided for in the
Staff Regulations during that period and provided
that the total pension does not exceed the maximum
amount laid down in the second subparagraph of                  9.      In order to receive the resettlement allowance
Article 77 of the Staff Regulations. For the purposes           the official shall not be required to satisfy the
of Article 5 of Annex VIII to the Staff Regulations             condition of length of service laid down in the first
and Article 108 of the former general Regulations of            subparagraph of Article 6 ( 1 ) of Annex VII to the
the ECSC such period shall be considered to be a                Staff Regulations .
period of service.
An official falling within the provisions of Article            10. For the purposes of Article 107 of the Staff
2 ( 1 ) shall receive a retirement pension amounting to         Regulations and of Article 102 (2) of the Staff
35 % of his basic salary, if, under the provisions of           Regulations of Officials of the European Coal and
the Staff Regulations and this Regulation, his pension          Steel Community, an official affected by measures
is more than 30 % but less than 35 % ; where his                provided for in Article 2 ( 1 ) shall be treated as an
pension under the provisions of the Staff Regulations           official to whom the provisions of Articles 41 and 50
and this Regulation is more than 20 % but less than             of the Staff Regulations have been applied.
30 % , it shall be increased by 15 % .
If the official is reinstated in an institution of the
                                                                                          Article 4
European Communities and ' thus acquires further
pension rights, he shall cease during this further
period of service to benefit from the provisions
provided for in the first subparagraph above.                   An official below the age of 55 on the day of his
                                                                termination of service, and entitled to the allowance
However, for that part of the period referred to in
the first subparagraph which is not yet completed at            provided for in Article 3 ( 1 ) ( b) during a period of at
the time of reinstatement, the official may request             least 18 months, who can prove regular attendance at
that both his contribution to the pension scheme and            re-adaptation or retraining lectures or courses
his pension rights be calculated on the basis of the            approved by the Commission may request that the
basic salary attaching to the grade and step reached            allowance paid him under the first indent of Article
in his previous post.                                           3 ( 1 ) ( b ) shall be equal to 100 % of his basic salary
                                                                while he is attending such lectures or courses during
                                                                a period not exceeding the first 12 months of the
For the purposes of Article 77 of the Staff                     period referred to in Article 3 ( 1 ) (b).
Regulations an official receiving the allowance
provided for in paragraph 1 shall be treated as an
official removed from his post in the interests of the          However, where an amount paid in this way exceeds
service .                                                       the amount resulting from the application of the first
                                                                indent of Article 3 ( 1 ) (b), the excess shall be
                                                                recovered either by means of a proportional reduction
An official who, at the time of termination of service,         in the rate of the allowance, or by means of a refund
has served a minimum of 10 years and who is no                  from the official concerned .
 ---pagebreak--- 11.6.73                               Official Journal of the European Communities                           No L 155 /5
                          Article 5                               1 January 1962 held Grade A 1 or A 2 posts under
                                                                 the Staff Regulations of the European Coal and Steel
1 . An official affected by the measures provided                Community, to whom the measures provided for in
for in Article 2 ( 1 ) who has not completed 15 years'           Article 2 ( 1 ) are supplied, may request that their
service may renounce irrevocably his pension rights.             remuneration be determined in accordance with the
In this case he shall receive a grant fixed under the            provisions of Article 34 of the Staff Regulations of
conditions laid down in Article 12 of Annex VIII to              the European Coal and Steel Community and Article
the Staff Regulations . The provisions of Article 3 (7)          50 of the Rules and Regulations of the European
and ( 8 ) and Article 6 of this Regulation shall not             Coal and Steel Community.
apply to him.
                                                                 2.    Officials who before 1 January 1962 held Grade
For the purposes of Article 12 (c) of Annex VIII to              A 1 or A 2 posts under the Staff Regulations of the
the Staff Regulations, the actual length of service shall        European Coal and Steel Community, to whom the
include the period in which the official is entitled to          termination of service arrangements provided for in
the grant provided for in Articles 3 and 4 and, where            Article 2 ( 1 ) are applied, may request that their
appropriate, the extended period allowed him in                  remuneration be determined in accordance with the
accordance with Article 3 ( 10).                                 provisions of Article 42 of the Staff Regulations of
                                                                 the European Coal and Steel Community.
2. An official who proposes to opt for application
of the provisions provided for in paragraph 1 must               3.    However, paragraphs 3 , 5 and 6, the 5th
declare his choice within six months from the date of
notification of the measure referred to in Article
                                                                 subparagraph of paragraph 7 and paragraph 8 of
                                                                 Article 2 shall continue to apply to the officials
2 ( 1 ); in default, he shall forgo the right to opt.            referred to in this article .
Any sums which may have been paid by way of
pension to the application of the provisions of this
                                                                                        CHAPTER III
Article shall be deducted from the grant provided for
in paragraph 1 .
                                                                                      Final Provision
                          Article 6
                                                                                          Article 7
1.      The officials referred to in the last subparagraph
of Article 2 of Regulation (EEC, Euratom, ECSC) No               This Regulation shall enter into force on the day
259/68 (*) and in Article 102 (5 ) of the Staff                  following its publication in thc Official Journal of the
Regulations, with the exception of those who before              European Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Luxembourg, 4 June 1973 .
                                                                                        For the Council
                                                                                         The President
                                                                                      R. VAN ELSLANDE
(!) OJ No L 56, 4. 3 . 1968, p. 1 .