CELEX: 51993PC0105(01)
Language: en
Date: 1993-03-19
Title: PROPOSAL FOR A COUNCIL REGULATION (EEC, Euratom, ECSC) amending Council Regulation (EEC, Euratom, ECSC) No 1859/76 of 29 June 1976 laying down the Conditions of Employment of Staff of the European Centre for the Development of Vocational Training

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 COM(93)105 final
                                                 Brussels, 19 March 1993
                               PROPOSAL FOR A
                  COUNCIL REGULATION (EEC), Euratom, ECSC)
amending council Regulation (EEC, Euratom, ECSC) No 1859/76 of 29 June 1976
laying down the Conditions of Employment of Staff of the European Centre for
the Development of Vocational Training
                               PROPOSAL FOR A
                  COUNCIL REGULATION (EEC), Euratom, ECSC)
amending council Regulation (EEC, Euratom, ECSC) No 1860/76 of 29 June 1976
laying down the conditions of Employment of Staff of the European Foundation
for the Improvement of Living and working conditions
                (presented by the commission to the council)
 ---pagebreak---                                  ,1
                            Explanatory Memorandum
Council Regulations (EEC) Nos 1859/76 and 1860/76 lay down the Conditions of
Employment of Staff of the European Centre for the Development of Vocational
Training and the European Foundation for the Improvement of Living and
Working Conditions.   They have been amended three times, on 13 May 1980
(Regulations Nos 1237/80 and 1238/80), on 22 February 1982 (Regulations Nos
509/82 and 510/82) and on 23 February 1987 (Regulations Nos 679/87 and
680/87).
The two sets of Conditions of Employment should be amended and adjusted to
maintain the parallels between them and the Conditions of Employment
applicable to temporary staff of the Communities.   The following objectives
are pursued:
1. to amplify the Conditions of Employment at the two organizations so as to
   bring them closer into line with the Conditions of Employment of Other
   Servants of the communities :
   (a)   introduction of the same rules governing the reimbursement of travel
         expenses upon taking up duty and leaving the service as apply to
         officials and other servants of the Communities (by analogy with
         Article 7 of Annex VII to the Staff Regulations);
   (b)   introduction of supplementary retirement pension rights at the rate
         of 5% of the rights acquired before age 60 for each year worked
         after that age, but not so as to bring total rights above 70% of the
         final basic salary (by analogy with Article 5 of Annex VIII to the
         Staff Regulations);
    (c)  adjustment of the rules governing transfers of pension rights
         (Regulation (EEC, Euratom, ECSC) No 571/92, 7.3.1992).
 ---pagebreak---                                     - 2 -
2. to adjust the Conditions of Employment to Regulation (EEC) No 3831/91 of
   19 December 1991, which introduced a temporary contribution levied on the
   remuneration of officials and other servants of the Communities with
   effect from 1 January 1992;
3. to adjust the Conditions of Employment to Regulation (EEC) No 3832/91 of
   19 December 1991, which raised individual contributions to the pension
   scheme from 6.75% to 8.25% with effect from 1 January 1993;
4. to amend the table of grades and corresponding basic posts.  The highest
   grade is currently A4, corresponding to the post of Principal
   Administrator.  It is proposed that provision be made for A3 posts,
   corresponding to the function of Head of Division.  This would be the
   highest post in the hierarchy provided for in the Conditions of
   Employment.
 ---pagebreak---                                 PROPOSAL FOR A
                   COUNCIL REGULATION (EEC), Euratom, ECSC)
AMENDING COUNCIL REGULATION (EEC, Euratom, ECSC) NO 1859/76 OF 29 JUNE 1976
LAYING DOWM THE CONDITIONS OF EMPLOYMENT OF STAFF OF THE EUROPEAN CENTRE FOR
THE DEVELOPMENT OF VOCATIONAL TRAINING
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to Regulation (EEC) No 337/75 of 10 February 1975 establishing
a European centre for the Development of Vocational Training,* and in
particular Article 13 thereof,
Having regard to council Regulation (EEC, Euratom, ECSC) No 1859/76 of
29 June 1976 laying down the Conditions of Employment of Staff of the
European Centre for the Development of Vocational Training, 2 as last
amended by Regulation (Euratom, ECSC, EEC) No 679/87 of 23 February 1987, 3
Having regard to the proposal from the commission,
Whereas it is for the Council, acting by a qualified majority on a proposal
from the Commission, to amend the Conditions of Employment;
Whereas the parallels between the Conditions of Employment of Staff of the
Centre and the Conditions of Employment applicable to temporary staff of the
Communities should be maintained,
HAS ADOPTED THIS REGULATION:
 1  OJ No L 39, 13.2.1975, p. 1.
2   OJ No L 214, 6.8.1976, p. 1.
 3  OJ No L 72, 14.4.1987, p. 1.
 ---pagebreak---                                       y-
                                  Article 1
In the table in the third paragraph of Article 4 of the conditions of
Employment, Grade A3 is inserted in the section for Category A, and the
basic post of Head of Division is attached to it.
In the scale of basic salaries in the table in Article 4 of Annex IV,
Grade A3 is added with eight steps corresponding to the figures given for
Grade A3 in the scale in Article 66 of the Staff Regulations of Officials of
the European Communities.
                                  Article 2
In Article 41h of the Conditions of Employment, "6.75%" is replaced by
"8.25%".
                                  Article 3
Article 4a of Annex IV is amended to read as follows:
   "Article 4a
   Article 66a of the Staff Regulations of Officials of the European
   Communities, providing for a "temporary contribution" to be levied on the
   remuneration paid by the Communities to serving officials, shall apply by
   analogy to the Centre's staff. Director and Deputy Director."
                                  Article 4
Article 14 of Annex IV is amended as follows:
1. The following sentence is added at the second indent of the first
   subparagraph of paragraph 2:  "However, if the outward-and-return journey
   covers a distance of 800km or more, staff in Categories C and D shall be
   reimbursed the first-class fare.".
 ---pagebreak---                                     -r-
2. A new subparagraph, worded as follows, is inserted between the first and
   third subparagraphs of paragraph 2 :
   "Where the route referred to in the first indent of the first
   subparagraph exceeds 500km and in cases where the usual route includes a
   sea-crossing, staff shall be entitled, on production of the tickets, to
   reimbursement of the cost of travel by air in the class immediately below
   luxury class or first class.".
                                  Article 5
A new Article 4a, worded as follows, is inserted in Annex VI:
   "Notwithstanding the provisions of Article 2, a staff member who has less
   than 35 years of pensionable service at the age of 60 years and who
   continues to acquire pension rights under Article 3 shall, in respect of
   each year of service between the age of 60 years and the age when he
   begins to draw retirement pension, be entitled to an increase in pension
   equal to 5% of the amount of pension rights acquired by him at the age of
   60 years, but so that his total pension shall not exceed 70% of his final
   basic salary as referred to in the second paragraph of Article 41a of the
   Conditions of Employment.
   Such increase shall likewise be payable in the event of the death of a
   staff member who has remained in the service after the age of 60 years.".
                                  Article 6
Paragraph 1 and the first subparagraph of paragraph 2 of Article 10 of
Annex VI are amended to read as follows :
   "1.  A staff member who leaves the service of the Centre to:
            enter the service of a government administration or a national
            or international organization which has concluded an agreement
            with the Centre; or
            pursue an activity in an employed or self-employed capacity, by
            virtue of which he acquires pension rights under a scheme whose
            administrative bodies have concluded an agreement with the
            Centre;
 ---pagebreak---                                     -é-
        shall be entitled to have the actuarial equivalent of his retirement
        pension rights in the Centre transferred to the pension fund of that
        administration or organization or to the pension fund under which he
        acquires retirement pension rights by virtue of the activity pursued
        in an employed or self-employed capacity.
   2.   A staff member who enters the service of the centre after:
            leaving the service of a government administration or of a
            national or international organization; or
            pursuing an activity in an employed or self-employed capacity;
        shall be entitled, at the end of the probationary period provided
        for by Article 25 of the Conditions of Employment, to have paid to
        the Centre either the actuarial equivalent or the flat-rate
        redemption value of the retirement pension rights acquired by virtue
        of such service or activities.".
                                  Article 7
This Regulation shall enter into force on the day following its publication
in the Official Journal of the European Communities.
Article 3 shall apply from 1 January 1992, and Article 2 shall apply from
1 January 1993.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
Done at Brussels,                               For the Council
                                                The President
 ---pagebreak---                                       î
                                 PROPOSAL FOR A
                    COUNCIL REGULATION (EEC), Euratom, ECSC)
AMENDING COUNCIL REGULATION (EEC, Euratom, ECSC) No 1860/76 OF 29 JUNE 1976
LAYING DOWN THE CONDITIONS OF EMPLOYMENT OF STAFF OF THE EUROPEAN FOUNDATION
FOR THE IMPROVEMENT OF LIVING AND WORKING CONDITIONS
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to Regulation (EEC) No 1365/75 of 26 May 1975 establishing a
European Foundation for the improvement of Living and Working Conditions,*
and in particular Article 17 thereof,
Having regard to Council Regulation (EEC, Euratom, ECSC) No 1860/76 of
29 June 1976 laying down the Conditions of Employment of Staff of the
European Foundation for the Improvement of Living and Working Conditions, 2
as last amended by Regulation (Euratom, ECSC, EEC) No 680/87 of
23 February 1987, 3
Having regard to the proposal from the Commission,
Whereas it is for the Council, acting by a qualified majority on a proposal
from the Commission, to amend the Conditions of Employment;
Whereas the parallels between the Conditions of Employment of staff of the
Foundation and the Conditions of Employment applicable to temporary staff of
the Communities should be maintained,
HAS ADOPTED THIS REGULATION:
1  OJ No L 139, 30.5.1975, p. 1.
2  OJ No L 214, 6.8.1976, p. 24.
3  OJ No L72, 14.4.1987, p. 5.
 ---pagebreak---                                     -8 -
                                  Article 1
In the table in the third paragraph of Article 4 of the Conditions of
Employment, Grade A3 is inserted in the section for Category A, and the
basic post of Head of Division is attached to it.
In the scale of basic salaries in the table in Article 4 of Annex IV,
Grade A3 is added with eight steps corresponding to the figures given for
Grade A3 in the scale in Article 66 of the Staff Regulations of Officials of
the European Communities.
                                  Article 2
In Article 41h of the Conditions of Employment, "6.75%" is replaced by
"8.25%".
                                  Article 3
Article 4a of Annex IV is amended to read as follows:
   "Article 4a
   Article 66a of the Staff Regulations of officials of the European
   Communities, providing for what is termed a "temporary contribution" to
   be levied on the remuneration paid by the Communities to serving
   officials, shall apply be analogy to the Foundation's staff, Director and
   Deputy Director."
                                  Article 4
Article 14 of Annex IV is amended as follows:
1. The following sentence is added at the second indent of the first
   subparagraph of paragraph 2:  "However, if the outward-and-return journey
   covers a dstance of 800km or more, staff in Categories c and D shall be
   reimbursed the first-class fare.".
 ---pagebreak---                                     -3-
2. A new subparagraph, worded as follows, is inserted between the first and
   third subparagraphs of paragraph 2 :
   "Where the route referred to in the first indent of the first
   subparagraph exceeds 500km and in cases where the usual route includes a
   sea-crossing, staff shall be entitled, on production of the tickets, to
   reimbursement of the cost of travel by air in the class immediately below
   luxury class or first class.".
                                  Article 5
A new Article 4a, worded as follows, is inserted in Annex VI:
   "Notwithstanding the provisions of Article 2, a staff member who has less
   than 35 years of pensionable service at the age of 6 0 years and who
   continues to acquire pension rights under Article 3 shall, in respect of
   each year of service between the age of 60 years and the age when he
   begins to draw retirement pension, be entitled to an increase in pension
   equal to 5% of the amount of pension rights acquired by him at the age of
   60 years, but so that his total pension shall not exceed 7 0% of his final
   basic salary as referred to in the second paragraph of Article 41a of the
   Conditions of Employment.
   Such increase shall likewise be payable in the event of the death of a
   staff member who has remained in the service after the age of 60 years.".
                                  Article 6
Paragraph 1 and the first subparagraph of paragraph 2 of Article 10 of
Annex VI are amended to read as follows :
   "1.  A staff member who leaves the service of the Foundation to:
            enter the service of a government administration or a national
            or international organization which has concluded an agreement
            with the Foundation; or
            pursue an activity in an employed or self-employed capacity, by
            virtue of which he acquires pension rights under a scheme whose
            administrative bodies have concluded an agreement with the
            Foundation;
 ---pagebreak---                                     -la -
        shall be entitled to have the actuarial equivalent of his retirement
        pension rights in the Foundation transferred to the pension fund of
        that administration or organization or to the pension fund under
        which he acquires retirement pension rights by virtue of the
        activity pursued in an employed or self-employed capacity.
   2.   A staff member who enters the service of the Foundation after:
            leaving the service of a government administration or of a
            national or international organization; or
        -   pursuing an activity in an employed or self-employed capacity;
        shall be entitled, at the end of the probationary period provided
        for by Article 25 of the Conditions of Employment, to have paid to
        the Foundation either the actuarial equivalent or the flat-rate
        redemption value of the retirement pension rights acquired by virtue
        of such service or activities.".
                                  Article 7
This Regulation shall enter into force on the day following its publication
in the Official Journal of the European Communities.
Article 3 shall apply from 1 January 1992, and Article 2 shall apply from
1 January 1993.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
Don» a% Brussels, • •                            for the Council
                                                The President
 ---pagebreak---                            FINANCIAL STATEMENT
                                                         21 January 19 9 3
1.   Budget heading   B3-1025          Centre for the Development of
                                       Vocational Training, Berlin
                      B3-420           Subsidy for the Foundation for the
                                       Improvement of Living and Working
                                       conditions, Dublin
2.   Title of measure          1.      Proposal for a Regulation amending the
                                       Regulation laying down the Conditions of
                                       Employment of Staff of the European Centre
                                       for the Development of Vocational Training
                               Proposal for a Regulation amending the
                               Regulation laying down the conditions of
                               Employment of Staff of the European
                               Foundation for the Improvement of Living and
                              Working Conditions
3.   Legal basis               Council Regulation No 337/7 5 -      Council
                               Regulation No 1365/75
4.   Purpose of measure                To maintain parallels between    the Conditions
                                       of Employment of staff at the    Centre andthe
                                       Foundation and the Conditions    of Employment
                                       applicable to temporary staff of  the
                                       Community institutions
5.   Financial impact                  Current year               Following year
5.0 Expenditure from
                                       23 000                     23 000
      Community budget
                                  p.m.          p.m.
5.1 Revenue
                               Difference between annual average salary for
5.2 Method of calculation      grade A4 and grade A3.
                               This additional cost will not entail an
                               increase in the Community subsidies to the
                               Centre       and       the      Foundation.
 ---pagebreak---                                           12.
                                                            ISSN 0254-1475
                                                     COM (93) 105 final
                                              DOCUMENTS
EN                                                                     oi
                                Catalogue number : CB-CO-93-127-EN-C
                                                    ISBN 92-77-53778-7
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