CELEX: 51975PC0545
Language: en
Date: 1975-10-31
Title: PROPOSAL for a COUNCIL REGULATION amending Council Regulation No 259/68 laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities (presented by the Commission to the Council)

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DOCUMENTS "COM"
COM (75) 545
Vol. 1975/0205
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                       -    I
                                                       A
                                               COM(75)545 final.
                                                                      /
                                               Brussels , 3 1 October 1975 »
                                                                        \
                                 PROPOSAL          __
                                  for a
                            COUNCIL REGULATION
                   amending Council Regulation Ho 259/ 68
                   laying down the Staff Regulations of Officials j
                   and the Conditions of Employment of Other
                   Servants of the European Communities
                   ( presented by the Commission to the Council )
                   /
€0M ( 75 ) 5k5 final .
 ---pagebreak---                                                                     IX/1726/75-E
                           EXPLANATORY MEMORANDUM
  t '
In 1971 the Commission presented a proposal to the Council to introduce new
conditions of employment for Btaff paid from the research and investment
appropriations *
Although the proposal was examined in detail at all levels within the Council ,
it proved impossible to reach agreement on all points *
The new proposal takes account of the main views emerging from these discussions
and attempts to reconcile the need to guarantee satisfactory operation of the
research departments with the desire to retain the legal framework of the
Conditions of Employment of Other Servants of the Communities while respecting
acquired rights *
The new provisions are explained below*
                                                                        è
I * ARTICLE 1 of the proposal
Article
~–l–––
         1 ( Conditions of Employment
                                   r
                                      )
This Article abolishes the category of establishment staff of the JRC *
The purpose of the Commission's proposal is to extend the conditions of
employment of temporary staff to include establishment staff paid from the
research appropriations , with allowance made for certain special provisions *
The reason for abolishing this category is the need to put an end to the most
serious forms of discrimination they suffer, which have often had an adverse
effect on the working atmosphere and hence on the efficient operation of the
Centre *                                                '
 ---pagebreak---                                   - 2 -                            IX/1 726/75-E
The solution proposed also affects local staff paid from the research
appropriations, who must be considered together with establishment staff
as regards both the duties they perform and the salary arrangements currently
applying to them*
Article 2
The new paragraph (d) is designed to make it possible to fill a permanent
pest temporarily – but for a period long enough to meet research requirements#
Article 4
Deletion of the final paragraph of this Article is consequential upon the
removal of the establishment staff category from Article 1 *
Article 8
The proposal here is to lay down the maximum period of employment of temporary
staff paid from the research and investment appropriations .
The first indent applies to Category A or B staff engaged to perform scientific
or technical duties *   Since the maximum period of employment at present under
the second paragraph of Article 8 of the Conditions of Employment of Other
Servants is three years , provision must be made for a longer period to take
account of the duration of the programmes involved and at the same time ensure
that temporary staff can have their contracts renewed in the interests of the
service .
The second indent will make it possible to conclude contracts for an indefinite
period with Category A or B staff performing administrative duties and with
Category C or D staff. The nature of the duties involved (they are not
affected by changes of substance in the programmes ) justifies this measure •
 ---pagebreak---                                      3                           IX/1726/75-E
Article 16
The second and third paragraphs " of this Article limit paid sick leave to
the length of tine worked by the servant . This is not compatible with periods
of employment which may be considerably longer than those envisaged by the
authors of the present text .
Article 20
This Article will continue to apply, except as regards basic salary , where
there is to be a special scale under which Category A and B salaries will
be the same as those of officials in these categories , while Category C and
D salaries will be     lower than those of officials in these categories .
Article 28
At present , sickness insurance for temporary staff is provided only during
their period of service .  Since it is proposed to grant pension rights to
research staff covered by this proposal , sickness cover should also be
provided for those in receipt of retirement pension.
Articles 34 and 39
In Article 39 it is proposed that the right to retirement pension already
enjoyed by one category of temporary staff be extended to research staff as
well .  If we are to be in a position to recruit high-quality staff who will
have to withdraw from their own national social security schemes , we must
be able to give them pension rights for their period of service with the
Commission. Consequently, as their contracts may be relatively short , the
requirement of ten years * service should be abolished for this category of
staff .
 ---pagebreak---                                         4                        IX/ 1726/75-E
It would, therefore lie logical to. grant the survivor 's pension to persons
entitled tinder a deceased servant who was in receipt of retirement pension
or had asked for his pension to be deferred until the age of sixty .      This
is the reasoning behind the proposed amendment to Article 34 of the Conditions
of Employment .
Article 47
It has become clear that the provisions relating to the period of notice for
contracts of indefinite duration are not adequate for the staff covered by
this proposal .  Contrary to what is provided for in the current provisions ,
this category of staff may remain in service for long periods ;      they may even
spend their whole career in the service of the institution.      These are
adequate grounds for extending the periods of notice .
Articles 84 to   98
In the light of Article 1 above f the current provisions for establishment
staff should be deleted .
II.  ARTICLE 2 ( of the proposal)
This transitional provision lays down the measures needed for local and
establishment staff currently employed to change over to the new contract
arrangements so that the rules applying to this category of staff can be
standardized and the discrimination which exists at present can be brought
to an end .
 ---pagebreak---                                                                     IX/1726/75-E
                  PROPOSAL FOR REGULATION' No         OP THE COUNCIL
                  amending Council regulation No 259/68 laying down
                  the Staff Regulations of Officials and the Conditions
                  of Employment of O .her Servants of the Communities
 THE COUNCIL OP THE EUROPEAN C0MMJN1FIES ,
.Having regard to the Treaty establishing a Single Council and a Single Commission
 of the European Communities , and in particular Article 24 thereof ;
 Having regard to the proposal from the Commission , made after consulting the
 Staff Regulations Committee ;
Having regard to the Opinion of the European Parliament ;
Having regard to the Opinion of the Court of Justice ;
Whereas Articles 2 and 3 of Council Regulation (EEC . Euratom , ECSC ) No 259/681 of
                                                                                     2
29 February 1968 , as last amended "by Regulation ( EEC , Euratom , ECSC ) No 1601/75 »
lay down the Staff Regulations of Officials and the Conditions of Employment of
 Other Servants of the Communities respectively;     whereas it is for the
Council , acting "by a qualified majority on a proposal from the Commission after
 consulting the institutions concerned, to amend the said Staff Regulations and
Conditions of Employment ;
Whereas   certain amendments should "be made to the Conditions , of Employment of
Other Servants of the European Communities so that they can more aptly "be applied
to staff paid from the research and investment appropriations ;         ...       -–*
HAS ADOPTED THIS REGULATION :
  OJ No L 56 , 4 March 1968 , p«l «
20J No L 164, 27 June 1975, p.l.
 ---pagebreak---                                                               IX/1726/75-E
 CHAPTER I
 AMENDMENT OP THE CONDITIONS OP EMPLOYMENT OP OTHER SERVANTS OP THE     •
 COMMUNITIES
Article 1
 The Conditions of Employment of Other Servants of the Communities are     '
amended as follows :
1.    Article 1
The last indent is deleted .
2.    Article 2
There is added a new paragraph ( d ):
"( d ) staff engaged to fill temporarily a permanent post paid from the research
and investment appropriations and included in the list of posts appended to the
budget relating to the institution concerned."
3.    Article 4
The last paragraph is deleted.
4.    Article 8 .
There is added a further paragraph :
"Temporary staff to whom Article 2(d ) applies shall be engaged on the following
conditions :
- .temporary staff in Category A or B required to perform duties requiring       '
   scientific or technical qualifications shall'1' "be engaged for not more than
   five years ;   their contracts may be renewed.
 ---pagebreak---                                     - 2 -                      IX/1726/75-E
– temporary staff in Category A or B required to perform administrative duties ,
    and temporary staff in Category C or D , shall be engaged for an indefinite
    period."
 5.   Article 16
 The following paragraph is inserted after the third paragraph :
"The provisions of the second and third paragraphs of this Article shall not
■apply to staff to whom Article 2(d ) applies. "
      Article 20
There is added a further paragraph :
"However , "basic monthly salaries of staff to whom Article 2(d ) applies are
determined for each grade and step as provided in the following table :
 ---pagebreak---                                                                                                         S
    GRADE
                                                                                                              5      ■ • 6 -       7           8
    ■■ Al           ! i . 105 887               i         . 111 743     117 609                           129 - 331    135  192
        A 2         II   '            93 469    I      .         99 051 104 653                           13 5  637    121  429
 A 3 L/A 3                   - ■ 76 640                          81 533  86 426                            96   212    101   105 105 . 998 - 110 891
 A 4 L/A 4' ! ' 63 679                                           67 497  71 315                            73   951   . 82   769  86 587      90 405
 A     5  l'A  5 i                    52 068                     55 348  58 628                            65   188     63  463   7ï 748   ,  75 028
 A     6  L/A  6 I                    44 538    It               47 120  49 702                            54   866'    57 448    60 030      62 612
 A     7  L/A  7                      37 926        ' .          39 969  42 012                            46   093  . 48 141
 A     8  L/A  8                      33 193                     34 644
         B 1'                       '44.538            •         47 120  49 702     1           52 284      ■54 866     57   448  60   030    62.612
         Β 2                          33 1 97 .                  40 132  42 061                 44 002     45 937       47   872  49   807    51 742
  ■      Β 3                   .      31 528             .     - 33 141  34 754          .      36 367     37 930       39   593  41   206    42 819
         B 4                          26 851                     28 249  29 647     1           31 045     32 443       33   841  35   239    36 637
         Β5         I                 23 675         . :         24 805  25 935       I         27 O65
         C 1 •         .           ' 26 071                "     27 245  28 419         . : : 29 '593      30 768       31 942    33 116      34.290
         C 2                  ••      22 287 . I      .          23 361  24 434     1           25 508     26 581       27 655    28 728      29-820
         C 3.                       '20 603        :             21 522  22 442     1       ■   23 361     24 281       25 201    26 120      27 040
.        c 4                     : ■ 18 306        .■            19 174  20 042                 20 910     21 779       22 647    23 515      24 384
         C 5 •                        16 617 .     .. .          17 435  18 253                 19 071
 •V D1          '                  "' 19 222                ;• 20 193    21 1 6/1 '             22 135      23 106      24 077    25 048      26 019
         D 2      ,                   17 233                     18 101  18 970          '•     19 833     20 706       21 575    22 443      23 311
 ,       D 3                  '       15 804             - ■- 16 621     17 438               • 18 255      19 072      19 889    20 706      21 523
         D 4               '          14 780                  ' 15 495   16 209-                16 .923
 ---pagebreak---                                      - 4 -                      IX/1726/75-E
7.     Article 28
The following sentence is added to the first paragraph :
 "Article 72 shall also apply to staff as referred to in Article 39(2 ) who are
in receipt of retirement pension."
8.     Article 34
There is added a paragraph 2s
 "2.    Where a former servant within the meaning of Article 2(c ) or ( d ) who was
in receipt of retirement pension or who left the service before reaching the
age of sixty years and requested that his retirement pension "be deferred until
•■. he first day of the month following that during which he reached the age of
sixty years dies , the persons entitled under the deceased servant , as defined
in Chapter 4 of Annex VIII to the Staff Regulations , shall be entitled to the
survivor 's pension as provided in that Annex. "
                                        »
9.     Article 39
In paragraph 2 the words "or ( d )" are inserted after the words "Article 2(o )"
There is added to paragraph 2 a further srubparagraph :
"A servant within the meaning of Article 2(d ) shall be entitled to a retirement
pension irrespective of whether he satisfies the requirement laid down in
Article 77' of the Staff Regulations regarding length of service ."
10.     Article 47
The following sentence is inserted after the first sentence of paragraph 2(a ):
"In the case of a servant within the meaning of Article 2(d ) the period of
notice shall not be less than one month for each completed year of service ,
subject to a minimum of three months and a maximum of ten months ."
11 .    Articles 84 to 98
                           ι
Articles 84 to 98 are repealed.
 ---pagebreak---                                 5                                 IV 1726/75-E
CHAPTER II
Transitional provisions
Article 2
 1.   A member of the establishment or locan staff paid from the research and
investment appropriations who is in service on the date on which this Regulation
comes into force shall be offered a contract by the authority referred to in
the first paragraph of Article 6 of the Conditions of Employment in accordance
with Title II of these Conditions of Employment .                                     /
The contract shall take effect on the said date of entry into force .
2.    The person concerned shall be , assigned to a post in accordance with    ■        t
Article 10 of the Conditions of Employment .
He shall receive a basic      salary such as will ensure that his net remuneration
is at least equal to the net remuneration which he received before the new contract
Was conoluded .
   ,*                                                     •
For the purposes of these provisions the remuneration which the person concerned would
have been entitled under the former conditions of employment shall be one twelfth   >
of the total annual remuneration , less Community tax and his contributions to
national pension and social security schemes .
The family allowances which are taken into account for the purposes of the above
provisions shall be those which the servant would have received under the former
conditions of remuneration in respect of the first month following the conclusion of
the new contract £f his situation as to dependants has been the same at that <      /
time as during the month in guest ion . /
 ---pagebreak---                                     6-                           IX/ 1 726/75-E
3 * Establishment and local staff engaged by virtue of this Article as temporary
staff under Artiole 2(d) of the Conditions of Employment shall not be required
to serve the probationary period referred to in Article 14 of the / Conditions
of Employment .
4 . The contract of any member of the establishment or local staff who does not
accept the offer made under paragraph 1 within six months shall be              ,
terminated * In this event the person in question shall be entitled to the
period of notice speoified in Artiole 98(2 ) 0f the Conditions of Employment or
in the Rules governing the Conditions of Employment of Local Staff, whichever
is applicable .
CHAPTER III
Final provision
Article 3
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 .
 ---pagebreak---                                                                ΪΧ/1726/75-Ε
                             FINANCIAL ASPECTS
Particular mention needs to toe made of the financial aspect of integrating
establishment and local staff of the JRC (Article 2 of the proposal ) into the
new Community framework created by this proposal .
Given the basic premise used to determine the scale for Category C and D staff
 (3% lower than the scale for C/D officials), the planned changes could be made
without any additional financial burden on the research appropriations#
The salary increases provided for in the new Community, framework would be more
than offset ^ by -the considerable reduction in employers* contributions and costs
compared to those currently paid at national level *
Since pension rights are included in the Community budget , no annual payment
would be made by the institution for provident fund purposes because funds
from the Community budget (excluding transfers to maintain pension rights in
original pension plans ) would only be disbursed when the corresponding payments
were made to the staff concerned .
                                                          2
Furthermore , the national income tax paid by looal staff would become Community
revenue since the salaries of all new staff would be subject to Community tax*
1
  The scale is highly variable since estimates of the differential costs are
  constantly affected by the trend of salaries in the various national reference
  schemes and officials * salaries .
2
  The only local staff currently liable to Community tax are establishment staff .