CELEX: 51986PC0565
Language: en
Date: 1986-10-21
Title: AMENDED PROPOSAL FOR A COUNCIL REGULATION LAYING DOWN SPECIAL AND EXCEPTIONAL PROVISIONS APPLICABLE TO OFFICIALS OF THE EUROPEAN COMMUNITIES SERVING IN A COUNTRY WHICH DOES NOT BELONG TO THE EUROPEAN COMMUNITIES

No C 284/8                                  Official Journal of the European Communities                                  11.11.86
                                                                   II
                                                           (Preparatory Acts)
                                                     COMMISSION
                Amended proposal for a Council Regulation laying down special and exceptional provisions
                applicable to officials of the European Communities serving in a country which does not belong
                                                   to the European Communities (')
                                                          COM(86) 565 final
                (Submitted by the Commission to the Council pursuant to the second paragraph of Article 149 of
                                                 the EEC Treaty on 23 October 1986)
                                                            (86/C 284/07)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                   TITLE VIII a
                                                                           Special and exceptional provisions applicable to
Having regard to the Treaty establishing a Single                          officials serving in a country which does not belong
Council and a Single Commission of the European                           to the European Communities';
Communities, and in particular Article 24 thereof,
                                                                       with the following single Article:
Having regard to the proposal from the Commission
made after consulting the Staff Regulations Committee,                     Article 101a
                                                                          Without prejudice to the other provisions of the Staff
Having regard to the opinion of the European Par-                          Regulations, Annex X to the Staff Regulations lays
liament,                                                                  down the special and exceptional provisions
                                                                           applicable to officials serving in a country which does
                                                                          not belong to the European Communities.'
Having regard to the opinion of the Court of Justice,
                                                                                                  Article 2
Whereas there should be specific provisions for officials
serving in a country which is not a member of the                      The following Annex is inserted after Annex IX:
Community on account of special or exceptional living
conditions there;                                                          'ANNEX X
                                                                          Special and exceptional provisions applicable to
Whereas it is for the Council, acting by a qualified                      officials serving in a country which does not belong
majority on a proposal from the Commission and after                      to the European Communities',
consulting the institutions concerned, to incorporate
these special provisions into the Staff Regulations of                 with the following Chapters, Sections and Articles:
Officials of the European Communities laid down by
Council Regulation (EEC, Euratom, ECSC) No 259/68,
as last amended by Regulation N o . . . ,                                                         •CHAPTER 1
                                                                                           GENERAL PROVISIONS
HAS ADOPTED THIS REGULATION:
                                                                          Article 1
                               Article 1                                  This Annex lays down the special and exceptional
The following Title VIII a is inserted after Article 101 of               provisions applicable to Community officials serving
the Staff Regulations:                                                    in a country which does not belong to the European
                                                                          Communities.
                                                                          General implementing provisions shall be adopted in
(*) O J N o C 7 4 , 3. 4. 1986, p. 11.                                    accordance with Article 110 of the Staff Regulations.
 ---pagebreak--- 11.11.86                                Official Journal of the European Communities                                 No C 284/9
    Article 2                                                         Article 7
    By decision of the Appointing Authority in the                     By way of exception the Appointing Authority may,
    interests of the service officials shall be transferred            by special reasoned decision, grant an official rest
    periodically, if necessary without regard to vacant                leave on account of particularly difficult living
    posts.                                                             conditions at his place of employment. For each such
                                                                      place, the Appointing Authority shall determine the
                                                                       town(s) where rest leave may be taken.
    Posts to be filled by officials serving outside the
    Community shall not be declared vacant until the
    transfer procedure referred to in the previous                    Article 8
   paragraph ("the mobility procedure") has been
    completed.                                                        The leave entitlement of officials serving in one of
                                                                      the countries appearing on the list referred to in
                                                                      Article 6 shall be calculated as follows.
   Article 3
                                                                      From the date of taking up duty in a country
   In order to allow retraining periods of limited                    appearing on this list to the date of termination of
   duration as part of the mobility procedure provided                service or transfer to a country not appearing on this
   for in Article 2, the Appointing Authority may decide              list, an official shall be entitled to five calendar days'
   to assign an official serving outside the Community                leave for each complete month of service, to five
   to a posting within the Community; such                            calendar days for an incomplete month consisting of
   assignments, which shall not be preceded by a                      more than 15 days and to two and a half calendar
   vacancy notice, may not last for more than four                    days for an incomplete month of 15 days or less.
   years. By way of derogation from the first paragraph
   of Article 1, the Appointing Authority may decide,                 Where an official, for reasons other than the
   on the basis of general implementing provisions, that              requirements of the service, has not used up all his
   the official shall remain subject to certain provisions            annual leave before the end of the current calendar
   of this Annex for the duration of this temporary                   year, the amount of leave which may be carried over
   assignment.                                                        to the following year shall not exceed 20 calendar
                                                                      days.
                          CHAPTER 2
                                                                      Article 9
                        OBLIGATIONS                                    1.    Annual leave may be taken all at once or in
                                                                      several periods as desired by the official and
                                                                      according to the requirements of the service. It must,
   Article 4                                                          however, include at least one period of 20
                                                                      consecutive calendar days.
   An official shall carry out his duties at the place to
   which he is assigned on recruitment or on transfer in              2.     The rest leave referred to in Article 7 shall not
   the interests of the service following a mobility                  exceed a period of 15 calendar days for each year of
   procedure.                                                         service. It may not be combined with annual leave,
                                                                      nor may it be carried over from one year to the next.
   Article 5
                                                                      Rest leave shall be extended by travelling time
   If the institution provides the official with                      calculated in accordance with Article 7 of Annex V
   accommodation, he shall be required to reside in it,               to the Staff Regulations.
   provided it is adequate for his dependent family.
                                                                                              CHAPTER 4
                          CHAPTER 3
                                                                        EMOLUMENTS AND SOCIAL SECURITY BENEFITS
                  WORKING CONDITIONS
                                                                                              SECTION 1
   Article 6                                                                     Emoluments and family allowances
   An official assigned to a country appearing on a list              Article 10
   drawn up and periodically revised by the Appointing
  Authority after consulting the Staff Committee in the               In accordance with the general implementing
   light of the special conditions prevailing there shall be          provisions an allowance for living conditions shall be
   entitled to annual leave of five calendar days for each            fixed for the place to which the official is assigned as
   month of service.                                                  a percentage of total basic salary, plus expatriation
 ---pagebreak--- No C 284/10                            Official Journal of the European Communities                                  11.11.86
   allowance and dependent child allowance, less the                 Article 15
   compulsory deductions referred to in the Staff Regu-              Under the conditions laid down by the Appointing
   lations or in any implementing regulations.                       Authority, the official shall receive an education
                                                                     allowance to cover the actual education costs
                                                                     incurred, on production of supporting documents.
   If living conditions at the place of employment are
                                                                     Apart from in cases deemed exceptional by the
   such as to place the official at personal risk, the
                                                                     Appointing Authority, this allowance shall not exceed
   amount referred to in the previous paragraph may be
                                                                     three times the doubled maximum allowance.
   increased, by special reasoned decision, by up to a
   further 10 % calculated on the same basis.                        Article 16
                                                                     Reimbursements due to officials shall be paid either
   The general implementing provisions referred to in                in Belgian francs or in the currency of the country of
   the first paragraph shall lay down parameters for                 employment on the basis of a reasoned request from
   determining the percentage allowance and shall                    the official.
   include a list of the places for which such an
                                                                     Officials may opt to have installation and
   allowance is payable and the corresponding rates.
                                                                     resettlement allowances paid either in Belgian francs
                                                                     or in the currency of the place of installation or
   The list of places and the rates shall be revised by the          resettlement; in the latter case they shall be subject to
   Commission after consulting its Staff Committee.                  the weighting fixed for the place in question and
   This revision shall normally be carried out every year.           converted at the corresponding exchange rate.
                                                                                            SECTION 2
   Article 11
                                                                                             Expenses
   Remuneration as well as the allowances mentioned in               Article 17
   Article 10, shall be paid in Belgian francs in Belgium.           An official not in furnished accommodation provided
   They shall be subject to the weighting applicable to              by the institution, who, for reasons beyond his
   the remuneration of officials employed in Belgium.                control, is obliged to change his residence at the
                                                                     place of employment shall, by special reasoned
                                                                     decision of the Appointing Authority, be reimbursed
   Article 12                                                        the expenses incurred in respect of removal of
                                                                     personal furniture, on production of supporting
                                                                     documents and in accordance with the rules on
   At the request of the official, the institution may               removals.
   decide to pay all or part of his remuneration in the
   currency of the country of employment. In this case               In such cases he shall be reimbursed his actual instal-
   it shall be subject to the weighting for the place of             lation expenses on production of supporting
   employment and shall be converted on the basis of                 documents and subject to a ceiling equal to half the
   the rates used to establish the weighting.                        installations allowance.
                                                                     Article 18
   In duly substantiated exceptional cases, the institution          An official who, at his place of employment, is in
   may make all or part of this payment in a currency                hotel accomodation pending allocation of the
   other than that of the country of employment in such              accommodation provided for in Article 5 of this
   a way as to maintain purchasing power.                            Annex, no longer has access to such accommodation
                                                                     or, for reasons beyond his control, has not been able
                                                                     to take possession of his accommodation shall be
   Article 13                                                        reimbursed hotel expenses for himself and his family
                                                                     on production of hotel bills, after prior authorization
                                                                     by the Appointing Authority.
   If there is a significant change in one of the
   components of the weighting for a particular                      He shall also receive half the daily allowance.
   country, the Commission shall adopt measures to                   The expenses referred to in the first two paragraphs
   adjust the weighting and the corresponding exchange               shall be reimbursed subject to the limits laid down in
   rate on the basis of general implementing provisions.             Article 10 of Annex VII to the Staff Regulations
                                                                     except where the Appointing Authority takes a
                                                                     special decision that there is a case of force majeure.
   Article 14
                                                                     Where hotel accommodation cannot be provided, the
                                                                     person concerned shall be entitled to reimbursement
   The Commission shall report annually to the Council               of    the     actual  cost    of    renting    temporary
   on the adjustment of the weighting referred to in                 accommodation, after prior approval by the
   Article 13 and on the allowance for living conditions.            Appointing Authority.
 ---pagebreak--- 11.11.86                                Official Journal of the European Communities                             No C 284/11
   Article 19                                                         employment to his place of origin. Reimbursement
                                                                      may be made for any or all of these costs.
   An official who does not have the use of a staff car               In the event of the death of an unmarried official,
   for travel relating to official business shall receive a           reimbursement shall be made to those entitled under
   mileage allowance for the use of his own car. The                  him.
   amount of the allowance shall be fixed by the
   Appointing Authority.                                              Article 22
                                                                      The temporary accommodation allowance and the
   Article 20                                                         cost of transporting the personal effects of his spouse
                                                                      and dependants shall be advanced to the probationer
                                                                      official by the institution.
   An official shall be entitled to travel expenses for rest
   leave from his place of employment to the authorized               In the event of the probationer official not being
   place of leave for himself and, if he is entitled to               established at the end of his probationary period the
   household allowance, for his spouse and dependants                 institution may in exceptional cases take steps to
   if they live with him.                                             recover up to half of these sums on the basis of the
                                                                      provisions laid down by the Appointing Authority.
   Where travel by train is impossible or impracticable,              Article 23
   reimbursement for air travel shall be made by special
   decision, on production of the tickets, regardless of              Where      the    official   is not provided       with
   distance.                                                          accommodation by the institution, his rent shall be
                                                                      reimbursed,       provided       the    accommodation
                                                                      corresponds to the level of his duties and to the
                                                                      composition of his dependent family.
   Article 21
                                                                                              SECTION 3
   On taking up duty, an official who is obliged to                             Social security benefits and pensions
   chance his place of residence in order to comply with
   Article 20 of the Staff Regulations and Article 4 of
   this Annex and who does not move house shall be                    Article 24
   entitled to reimbursement of the cost of transporting
   his personal effects, subject to the conditions laid               The official, his spouse, his children and other
   down by the Appointing Authority, on production of                 persons dependent on him shall be covered by sup-
   supporting documents.                                              plementary sickness insurance for the difference
                                                                      between expenditure actually incurred and payments
                                                                      from the scheme provided for in Article 72 of the
   Where an official is obliged to change his place of                Staff Regulations; no reimbursement shall be made
   residence following a transfer in order to comply                  under Article 72 (3).
   with Article 20 of the Staff Regulations, the
   institution shall, depending on the accommodation                  Half the premium shall be paid by the official and
   that can be provided at the place of employment and                half by the institution. However, the official's contri-
   subject to the conditions laid down by the Appointing              bution shall not exceed 0,6 % of his basic salary; any
   Authority, bear the actual cost of moving part or all              balance shall be paid by the institution.
   of his personal furniture from its location at the time
   to the place of employment or of transporting his
                                                                      The official, his spouse, his children and other
   personal effects or of storage. Reimbursement may be
                                                                      persons dependent on him shall be insured for repatri-
   made for any or all of these costs.
                                                                      ation on health grounds in case of emergency or
                                                                      extreme emergency; the premium shall be paid in toto
                                                                      by the institution.
   In the event of termination of service or death, the
   institution shall, subject to the conditions laid down
   by the Appointing Authority, bear the actual cost of               Article 25
   moving an official's personal furniture from its
   location at the time to his place of origin or of                  Depending on the country of service, years of service
   transporting his personal effects from place of                    outside the Community may entitle the official to
 ---pagebreak--- No C 284/12                           Official Journal of the European Communities                                11.11.86
   extra pension rights of 0,3332 °/o per month in                                       CHAPTER 5
   accordance with the following table:
   — countries with normal living conditions (class 1)                                   DISCIPLINE
       — no increase;
   — countries with difficult living conditions (class 2)           Article 27
       — two months per year of service;
                                                                    If an official covered by Title VIII a of the Staff
   — countries with very difficult living conditions                Regulations is the subject of a disciplinary procedure,
        (class 3) — four months per year of service.                at least one of the members of the Disciplinary Board
   The list of countries with difficult or very difficult           drawn by lot from each list must be based at a seat of
                                                                    the institution.
   living conditions shall be drawn up periodically by
   the institution.
                                                                                         CHAPTER 6
   The total pension shall not exceed 70 °/o of basic
   salary. The reduction referred to in Article 9 of
   Annex VIII to the Staff Regulations shall affect only                         TRANSITIONAL PROVISIONS
   the part of pension rights acquired as the result of
   actual service.                                                  Article 28
   Article 26                                                       In accordance with implementing rules to be adopted
                                                                    by the Appointing Authority after consulting the Staff
   The spouse, children and other persons dependent on
                                                                    Committee, an official shall receive remuneration at
   the official shall be insured against accidents which
                                                                    least equal to that which he was receiving the day
   may occur outside the Community in one of the
                                                                    before entry into force of these provisions for a
   countries appearing on a list adopted for this purpose
                                                                    period not exceeding the duration of the assignment
   by the Appointing Authority.                                     being carried out when these provisions enter into
   Half the premium shall be paid by the official and               force; he shall receive such remuneration for not
   half by the institution.                                         more than five years.