CELEX: 51995PC0327(01)
Language: en
Date: 1995-07-07
Title: Proposal for a COUNCIL REGULATION (EC) introducing special measures to terminate the service of officials of the European Communities as a result of the accession of Austria, Sweden and Finland

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51995PC0327(01)

Proposal for a COUNCIL REGULATION (EC) introducing special measures to terminate the service of officials of the European Communities as a result of the accession of Austria, Sweden and Finland  /* COM/95/327 FINAL - CNS 95/0179 */  

Official Journal C 246 , 22/09/1995 P. 0023

Proposal for a Council  Regulation introducing special measures to terminate the service of officials of the European  Communities as a result of the accession of Austria, Sweden and Finland(95/C  246/04)COM(95) 327  final - 95/0179(CNS)(Submitted by the Commission on 7 July 1995)THE COUNCIL OF THE  EUROPEAN UNION, 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 made by the Commission 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, Having regard to the opinion of the Court of Auditors, Whereas following the accession of Austria, Sweden and Finland the make-up of the Community civil  service needs to be adjusted; Whereas special measures should accordingly be adopted with regard to termination of service; HAS ADOPTED THIS REGULATION: Article 1 In the interests of the service and in order to take account of  requirements resulting from the accession of Austria, Sweden and Finland to the European  Communities, certain institutions within the meaning of Article 1 of the Staff Regulations of  Officials of the European Communities laid down by Regulation EEC, Euratom, ECSC No 259/68  (1) are  authorized, until 30 June 2000, to adopt measures terminating the service of officials who have  reached the age of 55, with the exception of those in grades A  1 and A  2, under the conditions  specified below. Article 2 1.  The number of officials regarding whom the referred measures to in Article 1 may be  taken shall be: - 100 for the Commission (including 65 in category A), - 70 for the European Parliament, - 70 for the Council, - 20 for the Economic and Social Committee, - 12 for the Court of Auditors, - 25 for the Court of Justice. 2.  The number of officials eligible for such termination of service measures in each of the  following periods shall be as follows: For the period from 1 July 1995 to 30 June 1996, that number shall be: - 30 for the Commission, - 14 for the European Parliament, - 14 for the Council, - 6 for the Economic and Social Committee, - 4 for the Court of Auditors, - 5 for the Court of Justice. For the period from 1 July 1996 to 30 June 1997, that number shall be: - 30 for the Commission, - 14 for the European Parliament, - 14 for the Council, - 4 for the Economic and Social Committee, - 4 for the Court of Auditors, - 5 for the Court of Justice. For the period from 1 July 1997 to 30 June 1998, that number shall be: - 15 for the Commission, - 14 for the European Parliament, - 14 for the Council, - 4 for the Economic and Social Committee, - 4 for the Court of Auditors, - 5 for the Court of Justice. For the period from 1 July 1998 to 30 June 1999, that number shall be: - 15 for the Commission, - 14 for the European Parliament, - 14 for the Council, - 2 for the Economic and Social Committee, - .  .  . for the Court of Auditors, - 5 for the Court of Justice. For the period from 1 July 1999 to 30 June 2000, that number shall be: - 10 for the Commission, - 14 for the European Parliament, - 14 for the Council, - 4 for the Economic and Social Committee, - .  .  . for the Court of Auditors, - 5 for the Court of Justice. Article 3 In the interests of the service in connection with enlargement, the institution shall,  within the limits laid down in Article 2 and after consulting the Joint Committee, select officials  to whom the measures terminating their service under Article 1 shall be applied, after giving staff  the opportunity to express their interest. For this purpose it shall take into consideration the age, ability, efficiency, conduct in the  service, family situation and seniority of the officials. Minimum seniority of 10 years shall be  required. Under no circumstances may these measures be applied without the consent of the official  concerned. Article 4 1.  A former official affected by the measure provided for in Article 1 shall be  entitled to a monthly allowance equal to 70  % of the basic salary for the grade and step held at  the time of departure, determined by reference to the table set out in Article 66 of the Staff  Regulations in force on the first day of the month for which the allowance is payable. 2.  Entitlement to the allowance shall case not later than the last day of the month in which the  former official attains the age of 65 and in any event as soon as the former official is eligible  for the maximum retirement pension. At that point the former official shall automatically receive a retirement pension, which shall  take effect on the first day of the calendar month following the month in which the allowance was  paid for the last time. 3.  The allowance provided for in paragraph 1 shall be weighted at the rate fixed in accordance  with the second subparagraph of Article 82 (1) of the Staff Regulations for the country situated  inside or outside the Community where the recipient proves he has his residence. If the recipient of the allowance establishes his residence in a country outside the Community, the  weighting of 100 shall be applied. The allowance shall be expressed in Belgian francs. It shall be paid in the currency of the country  of residence of the recipient. However, if it is subject to the weighting of 100 under the second  subparagraph, it shall be paid in Belgian francs. Allowances paid in a currency other than the Belgian franc shall be calculated on the basis of the  exchange rates specified in the second paragraph of Article 63 of the Staff Regulations. 4.  Where gross income accruing to the former official from any new employment, when combined with  the allowance provided for in paragraph 1, exceeds the total gross remuneration last received by  the official, determined by reference to the salary scales in force on the first day of the month  for which the allowance is payable, the amount of the excess shall be deducted from that allowance.  That remuneration shall be weighted as provided for in paragraph 3. Gross income and total gross remuneration last received, as referred to above, mean sums paid after  deduction of social security contributions but before deduction of tax. The former official concerned shall provide any written proof which may be required and shall  notify the institution of any factor which may affect his right to the allowance. 5.  As set out in Article 67 of the Staff Regulations and Articles 1, 2 and 3 of Annex VII to the  Staff Regulations, family allowances shall be payable either to the recipient of the allowance  provided for in paragraph 1 or to the person or persons to whom custody of the child or children  has been entrusted by law or by an order of court or of the competent administrative authority; the  household allowance shall be calculated by reference to that allowance. 6.  Recipients of the allowance shall be entitled, in respect of themselves and persons covered by  their insurance, to benefits under the sickness insurance scheme provided for in Article 72 of the  Staff Regulations provided they pay the relevant contribution, calculated on the basis of the  allowance provided for in paragraph 1, and are not covered by another sickness insurance scheme by  virtue of legal or statutory provisions. 7.  During the period for which he is entitled to receive the allowance, the former official shall  continue to acquire further rights to retirement pension based on the salary attaching to his grade  and step, provided that the contribution provided for in the Staff Regulations by reference to that  salary is paid during that period and provided that the total pension does not exceed the maximum  specified in the second paragraph of Article 77 of the Staff Regulations. For the purposes of  Article 5 of Annex VIII to the Staff Regulations and Article 108 of the former Rules and  Regulations of the European Coal and Steel Community, such period shall be considered to be a  period of service. 8.  Subject to Articles 1 (1) and 22 of Annex VIII to the Staff Regulations, the surviving spouse  of a former official who dies while in receipt of the monthly allowance provided for in paragraph 1  shall be entitled, provided that he or she had been his or her spouse for at least one year when  the former official left the service of an institution, to a survivor's pension equal to 60  % of  the retirement pension which, irrespective of length of service or age, would have been payable to  the former official if he had qualified for it at the time of death. The survivor's pension referred to in the previous subparagraph shall not be less than the amounts  specified in the second paragraph of Article 79 of the Staff Regulations. However, in no case may  it exceed the amount of the retirement pension to which the former official would have been  entitled had he survived and been granted a retirement pension when he ceased to be eligible for  the allowance referred to above. The duration of the marriage referred to in the first subparagraph shall not be taken into account  if there are one or more children of a marriage contracted by the official before he or she left  the service provided that the surviving spouse maintains or has maintained those children. The same shall apply if the former official's death resulted from one of the circumstances referred  to at the end of the second paragraph of Article 17 of Annex VIII to the Staff Regulations. 9.  On the death of a former official in receipt of the allowance provided for in paragraph 1,  dependent children within the meaning of Article 2 of Annex VII to the Staff Regulations shall be  entitled to an orphan's pension on the conditions set out in the first, second and third paragraphs  of Article 80 of the Staff Regulations and in Article 21 of Annex VIII to the Staff Regulations. 10.  For the purposes of Article 107 of the Staff Regulations and of Article 102 (2) of the Staff  Regulations of Officials of the European Coal and Steel Community, an official affected by the  measure provided for in Article 1 shall be treated as an official who has remained in service until  the age of 65 provided he continues to pay the contribution during the period of receipt of the  allowance referred to in paragraph 1 of this Article. Article 5 1.  Officials referred to in the last paragraph of Article  2 of Council Regulation  (EEC/Euratom/ECSC) No  259/68 (1) and in Article 102 (5) of the Staff Regulations, with the  exception of those who occupied an established post in grades A  1 or A  2, under the Staff  Regulations of the European Coal and Steel Community before 1 January 1962 and to whom the measures  under Article 1 are applied, shall be entitled to ask for their precuniary claims to be settled in  accordance with Article  34 of the Staff Regulations of the European Coal and Steel Community and  Article 50 of the Rules and Regulations of the European Coal and Steel Community. 2.  Nevertheless, Article 4 (3) and (5) to (9) of this Regulation shall continue to apply to the  officials referred to in this Article and their entitled beneficiaries. Article 6 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.(1)  OJ No L 56, 4. 3. 1968, p. 1.