CELEX: 31963R0009(01)
Language: en
Date: 1963-12-18 00:00:00
Title: Regulation No 9/63/Euratom of the Council of 18 December 1963 laying down the conditions governing remuneration and social security for establishment staff of the Joint Nuclear Research Centre employed in Italy

Official Journal of the European Communities                                         79
 28.12.63                     OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES                                            2989/63
                             REGULATION No 9/63/EURATOM OF THE COUNCIL
                                                   of 18 December 1963
               laying down the conditions governing remuneration and social security for establishment
                              staff of the Joint Nuclear Research Centre employed in Italy
 THE     COUNCIL      OF   THE     EUROPEAN      ATOMIC                                     Article 2
 ENERGY COMMUNITY,
                                                                 Posts to which members of establishment staff may
 Having regard to Regulation No 31 (EEC), 11                      be assigned shall be classified according to the nature
 (EAEC) 1 on the Staff Regulations of Officials and the           and importance of the duties to which they relate in
 Conditions of Employment of Other Servants of the                two classes corresponding to Categories C and D of
 European Economic Community and the European                     Annex I to the Staff Regulations of Officials of the
 Atomic Energy Community, and in particular the                  European Economic Community and the European
 second paragraph of Article 4 and Articles 94 and 95            Atomic Energy Community (hereinafter called 'Staff
 of those Conditions of Employment;                               Regulations'). Category I shall comprise five groups
                                                                  each containing nine steps and Category II shall
Having regard to the proposal from the Commission ;               comprise four groups, each containing nine steps.
Whereas it is for the Council, acting on a proposal
from the Commission, to lay down :                                                          Article 3
— in the light of local practice, the conditions
     governing remuneration for establishment staff of            The basic monthly salary attaching to each group
     the Joint Nuclear Research Centre at each place              and step shall be fixed according to the scale in the
     of employment and the system of allowances,                  Annex. The following shall be added to the basic
     insurances, social security and all kinds of other          salary;
     related benefits to which such persons are
     entitled;                                                    (a) a meals allowance (indennita di mensa)2 and a
                                                                        cost of living allowance (indennita di contingenza)
— the amount of allowances granted to                                   fixed in accordance with Italian provisions, within
     establishment staff of the Joint Nuclear Research                  the framework of the division into classes and
     Centre who at the time of their recruitment are                    groups set out in Article 10 ;
     not residing in the country or in close proximity
     to the place where their duties are to be                    (b) a thirteenth monthly payment equal to one
     performed;                                                        month's basic salary, meals allowance and cost
                                                                        of living allowance, payable at the same time as
HAS ADOPTED THIS REGULATION :                                          the last remuneration for the current year. Where
                                                                       the period of service of a member of establishment
                         Article 1                                     staff is less than twelve months during the year in
                                                                       question, this thirteenth monthly payment shall be
The provisions of this Regulation shall apply to                       calculated proportionately. The rules for the
establishment staff of the Joint Nuclear Research                      application of this paragraph shall be those laid
Centre (JNRC) as defined in the second paragraph of                    down in the collective agreement Metalmeccani­
                                                                        cP based on the relevant Italian laws .
Article 4 of the Conditions of Employment of Other
Servants of the Communities (hereinafter called
'Conditions of Employment'), employed in Italy, and
in particular at the Ispra Research Establishment                2 On the basis of the Decree No 1026 of the President of
(province of Varese).                                               the Italian Republic o£ 14 July 1960.
                                                                 3 'Metalmeccanici e Installatori di Impianti (Impiegati­
                                                                    Operai : Categorie speciali). Contratto nazionale 17 feb­
                                                                    braio 1963 — Disciplina apprendistato, contratto 23 aprile
1 OJ No 45, 14.6.1962, p . 1385/62. .                               1963 .'
 ---pagebreak---  80                                 Official Journal of the European Communities
                        Article 4                                                      Article 9
A member of establishment staff who has completed              Within the framework of the insurance scheme
two years' service at one step in his group shall              referred to in Article 8, the institution shall be
automatically advance to the next step in that group.          responsible for the employer's contribution and shall
                                                               deduct the contributions required from the member
Transition to a higher group or class shall be decided         of staff from his salary.
upon by selection in accordance with the provisions
of Article 92 of the Conditions of Employment.
                                                                                      Article 10
                        Article 5
                                                               Eor purposes of application of the provisions
                                                               regarding social security, office staff of Classes 1 and
A   member     of  establishment   staff  shall  not  be       2 shall be deemed to be 'employees' (impiegato),
required to work overtime save in cases of urgency             workshop and laboratory staff of Class 1 , Groups 1,
or of exceptional pressure of work. Overtime worked            2 and 3 , and also supervisory staff shall be deemed to
shall entitle the member of staff to compensatory              be 'intermediate workers' (intermedio), workshop
leave to be taken not later than the month following           and laboratory staff of Class 1 , Groups 4 and 5 , and
that in which the overtime was worked or, where                laboratory maintenance staff of Class 2 shall be
this is impossible, to an allowance of an amount               deemed to be 'workers' (operaio).
fixed in accordance with Article 6.
                                                                                      Article 11
                        Article 6
                                                               In accordance with Article 93 of the Conditions of
Overtime worked by a member of establishment staff             Employment, establishment staff shall be entitled to
shall be compensated for by leave or an allowance in           not less than twenty-four and not more than thirty
accordance with the procedure laid down in the Staff           working days' leave per calendar year and, under the
Regulations.                                                   conditions and within the limits of remuneration fixed
The total overtime a member of establishment staff is          by the provisions of the collective agreement Metal­
required to work shall not exceed 40 hours per                 meccanici in application of the relevant Italian laws,
month or 150 hours per six calendar months .                   sickness, accident or maternity leave.
                        Article 7                                                     Article 12
A member of establishment staff shall, under the               The Institution shall conclude the necessary
conditions laid down for officials of the European             agreements with the authorities mentioned in Article
Atomic Energy Community, receive the bonuses for               8.
exceptional services and the allowances for work of a
particularly arduous nature provided for in Articles                                  Article 13
99 and 100 of the Staff Regulations.
                                                               In accordance with local practice, payments in
                        Article 8                              addition to those provided for by the Italian Social
                                                               Security Scheme may be made provided the resulting
                                                               cost to the employer does not exceed half the amount
From the day of his engagement a member of                     payable under that scheme.
establishment staff shall be insured with the Italian
Social Security authorities in particular in respect of
                                                               A third of the total cost of this additional insurance
sickness, accident, disablement, old-age and death. He
shall receive from those authorities payments due by           shall be borne by the member of establishment staff.
reason of his insurance with them, except for
allowances for dependent persons which are paid
direct by the institution; such allowances shall be of                                 Article 14
an amount comparable to those paid by the
competent Italian authorities.                                 A member of establishment staff shall receive the
                                                               education allowance provided for in Article 67 of the
The institution shall ensure that these payments are           Staff Regulations if the dependent children are not
not made concurrently with those of a similar nature           eligible for scholarships or any other payments
paid through another channel.                                  normally granted in Italian schools.
 ---pagebreak---                                     Official Journal of the European Communities                                   81
                       Article 15                              proposal from the Commission in accordance with
                                                               the first indent of the second subparagraph of Article
Where it is necessary for imperative service reasons to        118 (2) of the Treaty establishing the European
recruit as members of establishment staff candidates           Atomic Energy Community, shall carry out this
not residing in Italy or in close proximity to the place       revision within the shortest possible time.
where their duties are to be performed, those persons
may, at the end of their period of probation and                                       Article 18
provided that their appointment is confirmed, be
granted a removal allowance equal to one month's
basic salary, which may be increased by allowances             A    member     of   establishment   staff  whose  net
for dependent persons, but may not be more than the            remuneration is reduced owing to the application of
actual expenses incurred in the removal.                       this Regulation shall receive an allowance by way of
                                                               compensation.
                       Article 16                              This allowance shall be equal each month to the
                                                               difference between :
On termination of service a member of establishment
                                                               — the net remuneration received during the month
staff shall be entitled to a retirement pension ; this             preceding the entry into force of this Regulation ;
shall be paid in accordance with the provisions of the             and
collective agreement Metalmeccanici.
                                                               — the net remuneration which the member of staff
When an appointment is terminated for disciplinary                 would have received • for the first month of the
reasons, a decision shall be taken in accordance with              application of this Regulation,
the provisions of the collective agreement
Metalmeccanici as to whether the retirement pension            if at that time he had had the same - family
shall be paid as provided for in the preceding                 responsibilities as he had during the month preceding
paragraph and, if so, the amount thereof.                      the entry into force of this Regulation.
                                                               Increases in remuneration granted after the entry into
                       Article 17                              force of this Regulation shall be deducted from that
                                                               allowance.
In the case of an increase in salaries for the activities
covered by the Italian collective agreement
Metalmeccanici, a revision of the scale shall be made,                                 Article 19
similar to   that made for       staff whose    activities
correspond to those referred to in Article 10. In that         This Regulation shall enter into force on 1 January
case the Council, acting by a qualified majority on a          1964 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 18 December 1963 .
                                                                                          For the Council
                                                                                            The President
                                                                                           L. DE BLOCK
 ---pagebreak--- 82                Official Journal of the European Communities
                                      ANNEX
                                                                        (1000 Lit)
   CLASS I    1       2        3        4       5      6      7     8       9
   Group 1  126    132-3     138-6    144-9   151-2  157-5  163-8 170-1  176-4
   Group 2  113    118-6     124-6    129-9   135-6  141-2  146-9 152-5  158-2
   Group 3   95-5  100-3     105      109-8   114-6  119-4  124-2 128-9  133-7
   Group 4   84      88-2     92-4     96-6   100-8  105    109-2 113-4  117-6
   Group 5   67-5    70-9     74-2     77-6    81     84-4   87-8  91-1    94-5
   CLASS II
   Group 1   95-5  100-3     105      109-8   114-6  119-4  124-2 128-9  133-7
   Group 2   84      88-2     92-4     96-6   100-8  105    109-2 113-4  117-6
   Group 3   67-5    70-9     74-2     77-6    81     84-4   87-8  91-1    94-5
   Group 4   58-5    61-4     64-4     67-3    70-2   73-1   76-1  79      81-9