CELEX: 51984PC0680(02)
Language: en
Date: 1985-01-03
Title: PROPOSAL FOR A COUNCIL REGULATION INTRODUCING SPECIAL MEASURES TO TERMINATE THE SERVICE OF OFFICIALS OF THE EUROPEAN COMMUNITIES

No C 35/8                             Official Journal of the European Communities                                  7.2.85
              Proposal for a Council Regulation introducing special measures to terminate the service
                                         of officials of the European Communities
                                                      COM(84) 680 final
                            (Submitted by the Commission to the Council on 8 January 1985)
                                                         (85/C 35/11)
THE COUNCIL OF THE EUROPEAN                                                                Article 2
COMMUNITIES,
                                                                  The number of termination of service decisions may
                                                                  not exceed the number fixed each year by the
Having regard to the Treaty establishing a Single                 budgetary authority on a proposal from each
Council and a Single Commission of the European                   institution, within a ceiling of 20 % of the total
Communities, and in particular Article 24 thereof,                number of officials eligible under this Regulation.
Having regard to the proposal from the Commission,
made after consulting the Staff                 Regulations                                Article 3
Committee,
                                                                  Having due regard to the interests of the service, the
                                                                  institution shall select, within the limits laid down in
Having regard to the opinion of the European Par-                 Article 2 and after consulting the Joint Committee,
liament,                                                          from officials requesting the application of measures
                                                                  terminating their service under Article 1, those to
                                                                  whom such measures shall be applied.
Having regard to the opinion of the Court of Justice,
Whereas, in order to meet requirement resulting
either from the accession of Spain and Portugal or                To this end it shall take into consideration their age,
from the need to acquire staff with new skills, special           ability, efficiency, conduct in the service, family
termination of service measures should be adopted;                situation and seniority. Minimum seniority of 10
                                                                  years shall be required. This requirement shall not
                                                                  apply to the Court of Auditors until 1 January 1988.
HAS ADOPTED THIS REGULATION:
                         Article 1                                                          Article 4
In the interests of the service, and in order to meet             1.    A former official affected by the measure
requirements resulting either from the accession of               provided for in Article 1 shall be entitled to a monthly
Spain and Portugal to the European Communities or                 allowance equal to 70 % of the basic salary for the
from the need to acquire staff with new skills, the               grade and step held at the time of departure,
institutions within the meaning of Article 1 of the               determined by reference to the table set out in Article
Staff Regulations (') are authorized to adopt                     66 of the Staff Regulations in force on the first day of
measures terminating the service of officials in grades           the month for which the allowance is payable.
A 3, LA 3, A 4, LA 4, A 5, LA 5, B 1, B 2, C 1, C 2,
D 1 and D 2 who are over 55 years of age, under the
conditions specified below.
                                                                  2.     Entitlement to the allowance shall cease not
                                                                  later than the last day of the month in which the
This Article shall not apply to officials paid from               former official attains the age of 65 and in any event
research and investment appropriations employed in                as soon as the former official is eligible for the
the scientific and technical service where, and for as            maximum retirement pension.
long as, they are covered by other specific termi-
nation of service arrangements approved by the
Council.
                                                                  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
(') Council Regulation (EEC, Euratom, ECSC) No 259/68             month in which the allowance was paid for the last
    of 29 February 1968 (OJ N o L 56, 4. 3. 1968).                time.
 ---pagebreak--- 7.2. 85                             Official Journal of the European Communities                                No C 35/9
3.    The allowance provided for in paragraph 1 shall          in the Staff Regulations by reference to that salary is
be adjusted by the weighting fixed for the country in          paid during that period and provided that the total
which the recipient proves that he is resident.                pension does not exceed the maximum specified in
                                                               the second paragraph of Article 71 of the Staff Regu-
If the recipient of the allowance resides in a country
                                                               lations. For the purposes of Article 5 of Annex VIII
for which no weighting has been fixed, the weighting
                                                               to the Staff Regulations and Article 108 of the former
to be applied to the allowance shall be equal to 100.
                                                               Rules and Regulations of the European Coal and
The allowance shall be expressed in Belgian francs. It         Steel Community, such period shall be considered to
shall be paid in the currency of the country of                be a period of service.
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.                            8.     Subject to Articles 1 (1) and 22 of Annex VIII
Allowances paid in a currency other than the Belgian           to the Staff Regulations, the surviving spouse of a
franc shall be calculated on the basis of the exchange         former official who dies while in receipt of the
rates specified in the second paragraph of Article 63          monthly allowance provided for in paragraph 1 shall
of the Staff Regulations.                                      be entitled, provided that he or she had been his or
                                                               her spouse for at least one year when the former
4.    Gross income accruing to the former official             official left the service of an institution, to a survivor's
from any new employment shall be deducted from the             pension equal to 60 % of the retirement pension
allowance provided in paragraph 1, in so far as that           which, irrespective of length of service or age, would
income plus that allowance exceeds the total gross             have been payable to the former official if he had
remuneration last received by the official, determined         qualified for it at the time of death.
by reference to the salary scales in force on the first
day of the month for which the allowance is payable.
That remuneration shall be weighted as provided for            The amount of the survivor's pension referred to in
in paragraph 3.                                                the previous subparagraph shall not be less than the
                                                               amounts specified in the second paragraph of Article
Gross income and total gross remuneration last                 79 of the Staff Regulations. However, in no case may
received, as referred to above, mean sums paid after           it exceed the amount of the retirement pension to
deduction of social security contributions but before          which the former official would have been entitled
deduction of tax.                                              had he survived and been granted a retirement
                                                               pension when he ceased to be eligible for the
The former official concerned shall provide any
                                                               allowance referred to above.
written proof which may be required and shall notify
the institution of any factor which may affect his
right to the allowance.                                        The duration of the marriage referred to in the first
5.    Under the conditions set out in Article 67 of the        subparagraph shall not be taken into account if there
Staff Regulations and Articles 1, 2 and 3 of Annex             are one or more children of a marriage contracted by
VII to the Staff Regulations, family allowances shall          the official before he or she left the service provided
be payable either to the recipient of the allowance            that the surviving spouse maintains or has maintained
provided for in paragraph 1 or to the person or                those children.
persons to whom custody of the child or children has
been entrusted by law or by an order of court or of            The same shall apply if the former official's death
the competent administrative authority; the household          resulted from one of the cicumstances referred to at
allowance shall be calculated by reference to that             the end of the second paragraph of Article 17 of
allowance.                                                     Annex VIII to the Staff Regulations.
6.     Recipients of the allowance shall be entitled, in
respect, of themselves and persons covered by their
insurance, to benefit under the sickness insurance             9.     On the death of a former official in receipt of
scheme provided for in Article 72 of the Staff Regu-           the allowance provided for in paragraph 1, dependent
lations, provided they pay the relevant contribution,          children within the meaning of Article 2 of Annex VII
calculated on the basis of the allowance provided for          to the Staff Regulations shall be entitled to an
in paragraph 1, and are not covered by another                 orphan's pension under the conditions set out in the
sickness insurance by virtue of legal or statutory             first, second and third paragraphs of Article 80 of the
provisions.                                                    Staff Regulations and in Article 21 of Annex VIII to
                                                               the Staff Regulations.
7.     During the period for which he is entitled to
receive the allowance, the former official shall
continue to acquire further rights to retirement                10.    For the purposes of Article 107 of the Staff
pension based on the salary attaching to his grade             Regulations and of Article 102 (2) of the Staff Regu-
and step, provided that the contribution provided for          lations of Officials of the European Coal and Steel
 ---pagebreak--- N o C 35/10                            Official Journal of the European Communities                                   7.2.85
Community, an official affected by the measure                                              Article 5
provided for in Article 1 shall be treated as an official
who has remained in service until the age of 65                   This Regulation shall enter into force on the day
provided he continues to pay the contribution during              following its publication in the Official Journal of the
the period of receipt of the allowance referred to in             European Communities.
paragraph 1 of this Article.                                      This Regulation shall be binding in its entirety and
                                                                  directly applicable in all Member States.
               Proposal for a Council Regulation amending Regulation (EEC, Euratom, ECSC) No
               260/68 laying down the conditions and procedure for applying the tax for the benefit of
                                                 the European Communities
                                                     COM(84) 680 final
                             (Submitted by the Commission to the Council on 8 January 1985)
                                                        (85/C 35/12)
THE COUNCIL OF THE EUROPEAN                                       — Regulation N o . . . of . . . introducing special
COMMUNITIES,                                                           measures to terminate the service of officials of
                                                                       the European Communities,
Having regard to the Treaty establishing a Single                 HAS ADOPTED THIS REGULATION:
Council and a Single Commission of the European
Communities,                                                                                Article 1
                                                                  The following ninth, 10th and 11th indents are
Having regard to the Protocol on the Privileges and               hereby added to Article 2 of Regulation (EEC,
Immunities of the European Communities, and in                    Euratom, ECSC) No 260/68:
particular Article 13 thereof,
                                                                  '— those entitled to unemployment benefit under
                                                                        Article 28b of the conditions of employment of
Having regard to the proposal from the Commission,                      other servants, as amended by Article . . . of
                                                                        Regulation N o . . . [Regulation at first indent of
Whereas Council Regulation (EEC, Euratom, ECSC)                         the recital];
N o 260/68 ('), as last amended by Regulation
(ECSC, EEC, Euratom) N o 2151/82 (2), should be                    — those entitled to the allowance for termination of
amended in order to take account of the following                       service under Article 3 of Regualtion No . . .
Regulations:                                                            [Regulation at second indent of the recital];
                                                                   — those entitled to the allowance for termination of
— Regulation No . . . of . . . amending the Staff                       service under Article 4 of Regulation No . . .
     Regulations of officials and the conditions of                     [Regulation at third indent of the recital].'
     employment of other servants [temporary staff —
     unemployment benefit];                                                                 Article 2
— Regulation No . . . of . . . introducing special and            This Regulation shall enter into force on the day
     temporary measures to terminate the service of               following its publication in the Official Journal of the
     certain officials of the European Communities in             European Communities.
     the scientific and technical services;
                                                                  It shall apply from the time when the respective Regu-
                                                                  lations referred to in Article 1 enter into force.
(') OJ No L 56, 4. 3. 1968, p. 8.                                 This Regulation shall be binding in its entirety and
(2) OJ No L 228, 4. 8. 1982, p. 4.                                directly applicable in all Member States.