CELEX: 51979PC0248
Language: en
Date: 1979-05-28
Title: PROPOSAL FOR A REGULATION AMENDING THE STAFF REGULATIONS OF OFFICIALS AND THE CONDITIONS OF EMPLOYMENT OF OTHER SERVANTS OF THE EUROPEAN COMMUNITIES (presented by the Commission to the Council)

ARCHIVES HISTORIQUES
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COM (79) 248
Vol. 1979/0099
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 ---pagebreak---           COMMISSION OF THE EUROPEAN COMMUNITIES
                                                         COM(79 ) 248 final
                                                         Brussels , 28th May 1979
                                       PROPOSAL FOR A REGULATION
                         AMENDING 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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COM ( 79) 248 final
 ---pagebreak---                          EXPLANATORY MEMORANDUM
I.   The basic purpose oi the attached proposal for revision of the Staff
Regulations is to improve a number of the provisions concerning family
and. social security matters and to make good a number of omissions in
these areas . In addition , it has become apparent that the provisions
governing secondment should be broadened to enable Community officials
to be seconded at their own request to organizations devoted to
furthering the Community ^ interests . Lastly , experience has revealed
the need to make certain technical amendments to a number of existing
provisions .
II .  Proposed amendments to family and social provisions
1.    Extending the maximum period allowed for leave on personal grounds
      (Article 40 of the Staff Regulations )
Leave on personal grounds is currently limited to a maximum of one year .
It may , however , be renewed twice , each time for a further period of
one year .
 The intention now is to extend the maximum entitlement to leave on
 personal grounds to ten years in three specific cases : where the official
 is bringing up a young child or a handicapped child and where the official
 is married to another Community official or member of Community staff who
 is assigned to a place of employment some distance away from that of his
 or her spouse .
 This amendment is designed to ease the administrative position of officials
 faced by particularly inconvenient family or social problems .
 2.    Introduction of three-quarters time working
       (Articles 55a, 59a and 68a! and Annex IVa to the Staff Regulations )
 As the Staff Regulations stand an official may be authorized to work
 half–time in exceptional circumstances if he a-pplies giving reasons .
 It is proposed that the existing rules governing part–time work be
 altered by introducing the possibility of three-quarters time work . This
 would give added flexibility as offioials who for family reasons do not wish
 to work full–time would not have to go BO far as working only half-time .
 The arrangements regarding remuneration and leave are altered accordingly .
 ---pagebreak---                                     - 2 -
 3.   Fraction of earnings that may be assigned or attached
       (Article 62 of the Staff Regulations )
 In view of the sometimes considerable degree in which legislation
differs between Member States with regard to the assignment or
 attachment of salaries and pensions it is essential that the Staff
Regulations specify the fraction of the remuneration or pension
that may be assigned or attached so as to ensure that Community
 officials are treated alike regardless of their place of employment .
This also applies to the allowances paid tinder Article 50 of the
Staff Regulations or under the rules governing termination of
service . This constitutes an extremely important measure of
protection for officials and their families .
4«    Family allowances
      ( Article f>7 of the Staff Regulations and Articles 1 , 2 and 3 of
        Annex VII )                                    *
At present the family allowances comprise :
– the household allowance equal to 5$ of the basic salary or
   Bfrs 2 869 per month whichever is the greater ;
– the dependent child allowance of Bfrs 3 696 per child and per month ;
– the education allowance equal to the actual education costs incurred
   by the official up a maximum of Bfrs 3 302 per month for each
   dependent child .
With a view to simplifying and rationalizing this system it is proposed
that the fixed amount for each allowance be replaced by a reference to
the basic salary for a particular grade and step.                  t
This technique has already been adopted by the Council , during the
third round of Staff Regulations revisions (Regulation No 912/ 78 of
2 May 1978 ) » in connection with the ceiling referred to at Article 1(3 )
of Annex VII .
The minimum household allowance could be set at 5$ of the basic monthly
salary of an official in the fourth step of Grade B3 f which at current
rates would amount to Bfrs 3 451 •
It would also seem advisable to raise the maximum rate of education
allowance to equal the dependent child allowance , the latter being set
per child and per month at 14% of the basic monthly salary of an
official in the first step of Grade D4i which at current rates would
come to Bfrs 4 548 .
It is also proposed that provision be made in certain circumstances
for paying the family allowances to a person other than the official
when custody of the dependent child is awarded by law or by court
 order to another person .
 ---pagebreak---                                     - 3 -
5•   Social security – Sickness insurance cover
(Article 72 o£ tixe Staff Régulât ions)
The rate of reimbursement referred to in Article 72(1 ) was Bet at 80$ with
effect from 1 January 1962 in order to reflect the national legislation in
force in each of the six Member States at that time .
Scrutiny of the legislation now in force in five of the Member States has
revealed that insured persons are not generally required to make any
contribution at all towards the cost of medical care .
Judging by past experience with the medical insurance scheme the reimbursement
rate should be raised to 90$ for certain types of treatment and to 100$ for
check-ups to detect serious illnesses and for confinements *   It is also
proposed that in certain circumstances the divorced spouse of an official ,
children who are no longer the official 's dependents and persons who cease
to be treated as dependent children may continue to be covered against risk
of sickness for a period of one year .     A similar measure offering temporary
extension of social security oover to offioials leaving the service has
already been introduced into the Staff Regulations .
It is also proposed that the terms on which the system of special reimbursement
becomes operative be improved . This would benefit the lowest paid officials
in particular , depending on their family situation.
 Lastly, in order to avoid double reimbursement of the same expenses , it is
 proposed that the obligation to declare reimbursements due from other sources
 be so broadened that all expenses reimbursed or due to be reimbursed by
 another sickness insurance scheme are taken into account .
 6.  Responsibility for the cost of transporting th.9 body in the event of death
 (Article 75 of "the Staff Re"gul^tions)
 As they stand , the Staff Regulations require the institution to bear the
 costs involved in transporting the body of a deceased official to* his place
 of origin.
 It is proposed that this provision be extended to an official 's spouse ,
 dependent children or other dependents living as part of the official 's
 household .
 7»  Travel expenses
 (Article 8(4 ) of Annex VII )
 An official whose place of employment and/or plaoe of origin is outside
 Europe is entitled once in each calendar year , subject to the submission
 of supporting documents , to repayment of travel expenses to his or her
 plaoe of origin. It is proposed that this allowance be made available also
 to the official 's spouse and dependents living elsewhere than at the offioial 's
 place of employment *
 ---pagebreak---  III .  Proposed amendments to the rules governing seoonctoaent at the official 's
        own request
 The definition of an official on secondment given in Article 37(l)(b )
 includes one who has at his own request been placed at the disposal of
 another of the institutions of the European Communities .
 There are a number of Community officials working in organizations devoted
 to furthering the Community 's interests , such as the European University
 Institute in Florence t which are not institutions within the meaning of
 the Treaty. Such officials are therefore obliged to resign from the
 Communities or take leave on personal grounds for a maximum of three years .
 The seoondment in the interest of the service provided for in the Staff
 Regulations cannot be applied in all cases .. Leave' on personal grounds
does not offer a satisfactory solution since it is limited by the Staff
Regulations to a maximum of three years .
It is therefore proposed that officials be allowed to be seconded at their
own request to organizations devoted to furthering the Community's interests .
The Community institutions would have to agree on a list of such organizations ,
after hearing the Opinion of the Staff Regulations Committee . This solution
would work equally well for organizations other than the Florence University '
Institute f such as the Centre for the Development of Vocational Training in
Berlin and the Foundation for the Improvement of Living and Working Conditions
in Dublin.
Article 39(d ) of the Staff Regulations will have to be adjusted to avoid
duplicating the offioial 's pension rights .
IV .   Technical alterations to specific provisions
1.   Secondment and leave on personal grounds
(Articles 37 and 40 of the Staff Regulations )
It is proposed that it be made clear that only established officials may
be seconded or take leave on personal grounds . Owing to a lack of precision
the existing text implies that a probationer official may apply to be seoonded
to another Community institution or granted leave on personal grounds .
2.   Education allowance
(Article 3 of Annex VII to the Staff Regulations )
In view of the proposal for a new fourth paragraph to this Article , the
circumstances in which the maximum allowance is doubled must be altered
to allow for cases where a person other than the official has custody of
the child for whom the education allowance is paid. In such cases the
^O km referred to in the third paragraph, which applies to normal cases
where the official has oharge of the child , must be calculated from the
place of residence of the person having custody of the child instead of the
offioial 's place of employment *
 ---pagebreak--- 3.  Travel expansés
(Article 7(2} of Armez VII )
Under the Staff Regulations in their present form, the official is entitled,
on certain conditions to reimbursement of the cost of travel "by air in the
olass immediately "below luxury class or first olass on taking Tip his
appointment , on termination of service or on any transfer involving a
change in the place where he is employed .
It is proposed that reimbursement of the oost of the journey in the class
used be authorized if the journey is made in particularly tiring conditions .
4.   Retirement pension
(Article 11 (2) of Annex VIII to the Staff Regulations )
The current rules governing the repayment of pension rights allow the
official , when established in the service of the Communities , to pay the
 Community either the actuarial equivalent of retirement pension rights
 acquired by him prior to recruitment or the sums repaid to him in exchange
 therefor. This provision should be altered in order that pension rights
 acquired outside the Communities during seoondment on request under the
 second indent of Artiole 37(l)(b ) or during a period of leave on personal
 grounds taken tinder Article 40 may also be taken into account when the official
 returns to hia original institution.
 ---pagebreak---                                                           ANNEX I
                      Proposal for a Regulation
              amending the Staff Regulations of Officials
          and the Conditions of Employment of Other Servants
                      of the European Communities
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
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, submitted 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 Article 2 and Article 3 of Council Regulation (EEC , Euratom , ECSC)
No 259/68 of 29 February I9681 , as last amended by Council Regulation
(Euratom, ECSC, EEC) No 3085/78 of 21 December 1978 , lay down the Staff
Regulations of Officials and the Conditions of Employment of Other - Servants
of the European Communities respectively ;   whereas it is for the Council ,
acting by a qualified majority on a proposal from the Commission and after
consulting the other institutions concerned , to amend the Staff Regulations
and the Conditions of Employment ;
Whereas experience gained in applying the said Staff Regulations and the
said Conditions of Employment has shown that certain of their provisions
should be amended, particularly with regard to family affairs and social
seourity,
HAS ADOPTED THIS REGULATIONS
1 0J No L 56, 4 March 1968, p. 1 .
20J No L 369, 29 Deoember 1978. p. 6.
 ---pagebreak---                                  Article 1
In Article 370 ) of the Staff Regulations the words "is one who" are
replaced by the words "is an established official who".
                                 Article 2
Item (b ) of Article 37(1 ) of the Staff Regulations is replaced ty the
following :
"(b ) has at his own request :
- been placed at the disposal of another of the institutions of the
   European Communities , or
- been placed at the disposal of an organization devoted to furthering
    the Community's interests and included on a list to be drawn up by
    agreement between the institutions of the Communities after consulting
    the Staff Regulations Committee •"
                                  Article 3
 A second subparagraph is added to Article 39(d ) of the Staff Regulations
 as follows :                                                       •
 "However , an official on secondment under the second '"indent of Article 37(1 )( b )
 who acquires pension rights in the organization to which he is seconded shall
 cease to be affiliated to the pension scheme in his original institution
 for the duration of his secondment ."
                                  Article 4
 Article 40 of the Staff Regulations is amended as follows :
 1«    In paragraph 1 f the word "established" is inserted before the word
 "official" •
 2.    A third subparagraph is added to paragraph 2 as follows :
 " If , however , an official applies for such leave in order to be able :
 – to bring up a child who is under five years old and considered as a
     dependent of the official within the meaning of Article 2(2 ) of Annex VII, or
 ---pagebreak--- – to bring up a dependent child so considered who suffers from a serious
   mental or physical handicap and for that reason requires constant care
   or supervision , or
– to accompany his or her spouse , the latter also "being an official or
   other servant of the Communities required in the course of his or her
   duties to establish his or her habitual residence at such a distance from
   the place of employment of the applicant official that the establishment
   of their conjugal home in such a place would inconvenience the applicant
   official in the performance of his or her duties ,
leave may be extended annually for a maximum of ten years so long as the
official continues to satisfy the foregoing conditions ."
3.   The words after the semi–colon to the end of the sentence in the
second paragraph of Article 40(3 ) are replaced by the following:
"the contributions shall be calculated ty reference to the basic salary
attaching to the official 's grade and step ."
                               Article 5
                                                                     • »
Article 55& of the Staff Regulations is amended as follows :       .
1•   In the first paragraph the words nor three-quarters time" are inserted
after the words "work half–time" •
2*   In the second paragraph the words "or three-quarters time" are inserted
after the words "work half–time" and the words "or three-quarters of" are
inserted before the words "the normal working time".
 ---pagebreak---                                  Article 6
Article 59a of the Staff Regulations is amended to read as follows ;
"The annual leave of an official who is authorized to work half-time or
thre&-quarters time shall , so long as he is so authorized , "be curtailed
ly one half or one quarter .     Portions of days to "be deducted shall "be
disregarded ."
                                  Article 7
A fourth and a fifth paragraph are added to Article q2 of the Staff
Regulations as follows :
 "The fraction of an official 's remuneration that may be assigned or
 attached shall "be calculated on the basis of the remuneration paid to the
 official , less allowances .   Assignment or attachment may not have the
 effect of reducing such remuneration below lOfo of the basic salary of an
 official in the first step of Grade D4 , weighted for the country in which he works .
 This provision shall also apply to retirement , survivor 's or invalidity
 pensions , allowances paid under Article 50 of the Staff Regulations and
 allowances paid under Article 5 of Regulation (EEC , Euratom , ECSb ) No 259/68
 or Article 3 of Regulation (Euratom , ECSC , EEC ) No 2530/72 or of
 Regulation (ECSC , EEC , Euratom ) No 1543/73 *
 The weighting to be applied in such cases shall be that applying to the
 country of residence of the person entitled to' the pensions or allowances ."
                                   Article 8
 Article 67 of the Staff Regulations is amended as follows :
 1.   Subparagraphs 1(a) and ( b ) are deleted and replaced by the following :
      "( a ) household allowance ;
       (b ) dependent child allowance ."
 2.   A fourth paragraph shall be added to the Article as follows :
 ---pagebreak---  "4 . Where , try virtue of Articles 1,2 and 3 of Annex VII , such family
 allowances are paid to a person other than the official , these
 allowances shall "be paid in the currency of the country in which that
person is resident , calculated where applicable on the basis of the
 exchange rates referred to in the second paragraph of Article 63 .     They
 shall be subject to the weighting for the country in question or ,
in the absence of such a weighting, the weighting for Belgium .
Paragraphs 2 and 3 shall apply by analogy where family allowances are
paid to such a person ."
                                  Article 9
At Article 68a of the Staff Regulations , the words ''or three-quarters time"
are inserted after the word "half–time".
                                 Article 10
Article      of the Staff Regulations is amended as follows :
1 • Paragraph 1 is replaced by the following:                *
" An official , his spouse , if he or she is not eligible to receive benefits of
                                                                     ft
similar nature and similar value under other provisions laid down by law or
regulation , his children and other dependents within the meaning of Article 2
of Annex VII are insured against sickness up to 80$ of the expenditure incurred
subject to rules drawn up by agreement between the institutions of the
Communities after consulting the Staff Regulations Committee .      This rate shall
be raised to 90$ for surgery visits and home calls , surgical operations ,
hospitalization , pharmaceutical products , radiology , analyses , laboratory tests
and prostheses ( other than dental prostheses ) on medical prescription; the
rates shall be raised to 100$ in cases of tuberculosis , poliomyelitis , cancer ,
mental illness and other illnesses recognized by the appointing authority
as of comparable seriousness , for check-ups to detect serious illnesses
and for confinements.      However, reimbursement at 100$ shall not apply in the
event of an occupational disease or of an accident to which Article 73 applies .
One third of the contribution required to meet such insurance shall be
charged to the official but so that the amount charged to him shall not
exceed 2$ of his basic salary *
 ---pagebreak--- 2 . lhe following paragraph lb shall be inserted after paragraph
la :  .
"lb. Where the divorced spouse of an official , a child who ceases
to be an official 's dependent or a person who ceases to be treated
as a dependent child within the meaning of Article 2 of Annex VII
to the Staff Regulations can provide evidence that he or she
cannot be covered by any other public scheme of sickness insurance
he or she may , not later than one month after the divorce or the
loss of status of dependent child or of person treated as
dependent child , apply to continue for a maximum of one year
to be insured against sickness as provided for in paragraph 1 .
For this one-year period , which shall commence on the day of the
decree of divorce or of the loss of status of dependent child or
of person treated as a dependent child , no contribution shall be
required to maintain the insurance cover for persons thus entitled ."
3.   In the first subparagraph of paragraph 2 the words "in the
preceding paragraph" are deleted and replaced with the words
"in paragraph 1 ".
4*   In paragraph 3 » the word "half" is replaced by the words " one
quarter of".
                                                                  é
5.   The first subparagraph in paragraph 4 is replaced by the following
subparagraph t                                                      .
"Persons entitled to the foregoing benefits shall deolare the amount
of any reimbursements paid or due to be paid under any other sickness
insurance scheme provided for by law or regulation for themselves or
for persons covered by their insurance ."
Article 11
Article 75 of the Staff Regulations is replaced by the following :
"In the event of the death of an official , an official 's spouse or
dependent child , or of any other dependent person within the meaning
of Article 2 of Annex VII who lived as part of the official 's
household , the institution shall reimburse the costs involved in
transporting the body from tha place of death to the official 's
place of origin".
 ---pagebreak---                                Article 12
Annex IVa to the Staff Regulations is amended as follows :
1.    The title of the Annex is amended to read
 "Half–time or three–quarters time work".
2 . The first sentence in the first paragraph of Article 3 is
replaced by the following:
MAn official shall be entitled, during the period for which he is
authorized to work half–time , to 5®% of his remuneration and,
during the period for which he is authorized to work three–quarters
time , to 75?S of his remuneration. **
                               Article 13
Article 1 of Annex VII to the Staff Regulations is amended as follows !
1.   Paragraph 1 is replaced by the following :
"1 . The household allowance shall be 5i° of "the official 's basic
monthly salary or 5$ of the basic monthly salary of an official in
step 4 of Grade B3 , whichever is the greater."
2.   A fifth paragraph is added to Article 1 as follows :
                                                                 «
"5 .   If the official is entitled to the household allowance only by
virtue of paragraph 2(b ) and a person other than the official has ty
law or by court order been given custody of all his dependent children
within the meaning of Articles 2(2 ) and (3 ) below, the household
allowance shall be paid to that other person.
This provision shall also apply in the case of dependent children who
have reached their majority if such children have their normal
residence with the other parent . If , however , the official 's
children are in the care of several different persons , the household
allowance shall continue to be paid to the official . If the person
eligible by virtue of the previous subparagraph to receive the
household allowance paid in the official 's name is also eligible to
receive this allowance by reason of his or her own status as official
or other member of staff , that person shall receive the higher of the
two allowances , notwithstanding the provisions of paragraph 4 »
should it apply."
 ---pagebreak---                                 Article 14
Article 2 of Annex VII to the Staff Regulations is amended as follows :
 1 . Paragraph 1 is replaced by the following:
 "1 . An official with one or more dependent children shall be
entitled, subject to the conditions set out in paragraphs 2 and 3 ,
to an allowance equal to 14$ of the basic monthly salary
     811 official in the first, step of Grade 14 per month for each
dependent child ."
2 . A paragraph 7 is added to Article 2 as follows :
"7 • If custody of the dependent child within the meaning of
paragraphs 2 and 3 has been entrusted by law or by court order to
another person, the dependent child allowance shall be paid to that
person. "
                                Article 15
Article 3 of Annex VII to the Staff Regulations is amended as
follows :
                                                                   I
1 . In the first paragraph , the words "up to a maximum of BFR 3 302
per month" are replaced by the words "up to a maximum per month equal
to 14$ of the basic monthly salary of an official in the first
step of Grade D4 ".
2.    A fourth paragraph is added to Article 3 as follows :
"If custody of the child in respect of whom the education allowance
is paid has been entrusted by law or by court order to another person ,
the education allowance shall be paid to that person . In such case ,
the distance of at least 50 Ion referred to in the preceding
paragraph shall be calculated from the place of residence of the
person having oustody of the ohild ."
 ---pagebreak---                                 Article 16
The following sentence is added to the second subparagraph of
Article 7(2 ) of Annex VII to the Staff Regulations :
•'Sub jeot to the conditions laid down in the third subparagraph of
Article 12(2 ), the official may be authorized to receive reimbursement
of the cost of the journey in the class used , on production of tickets ."
                                 Article 17
Article 8(4 ) of Annex VII to the Staff Regulations is amended as
follows :
1 . In the second sentence , after the words "shall be entitled", the
following words are inserted : "for himself and , if he is entitled to
receive the household allowance , for his wife and other dependents
within the meaning of Article 2 above ".
2.   A second subparagraph is added as follows :
"However , if the persons referred to in the preceding subparagraph do not
live with the official at his place of employment , they shall be
entitled once in each calendar year , subject to the submission of
supporting documents , to repayment of travel expenses from the place
of origin to the place of employment , or to repayment of travel expenses
to another place not exceeding the cost of the former journey."
                               Article 18
A third paragraph is added to Article 11 of Annex VIII to the Staff
Regulations as follows :
"3 . Paragraph 2 shall also apply to an official who is reinstated
after a period of secondment under the second indent of Article
37(l)(b ) of the Staff Regulations and to an official who is reinstated
following expiry of a period of leave on personal grounds under
Article 40 of the Staff Regulations ."
 ---pagebreak---                               - 10 -
                          FINAL PROVISION
                             Article 19
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 .
 Done at Brussels ,
                                          For the Council
                                          The President