CELEX: 51985PC0469
Language: en
Date: 1985-08-20
Title: AMENDED PROPOSAL FOR A COUNCIL REGULATION INTRODUCING SPECIAL MEASURES TO TERMINATE THE SERVICE OF OFFICIALS OF THE EUROPEAN COMMUNITIES

2.10.85                                    Official Journal of the European Communities                                  No C 250/5
                                                                   II
                                                            (Preparatory Acts)
                                                    COMMISSION
                Amended proposal for a Council Regulation introducing special measures to terminate the ser-
                                           vice of officials of the European Communities
                                                           COM(85) 469 final
                                 (Submitted by the Commission to the Council on 20 August 1985)
                                                             (85/C 250/06)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                scientific and technical service where, and for as long as,
                                                                        they are covered by other specific termination of service
                                                                        arrangements approved by the Council.
Having regard to the Treaty establishing a Single
Council and a Single Commission of the European
Communities, and in particular Article 24 thereof,
                                                                                                   Article 2
Having regard to the proposal from the Commission,                      The number of termination of service decisions may not
made after consulting the Staff Regulations Committee,                  exceed the number fixed each year by the budgetary
                                                                        authority on a proposal from each institution, within a
                                                                        ceiling of 20 % of the total number of officials eligible
Having regard to the opinion of the European Par-                       under this Regulation.
liament,
Having regard to the opinion of the Court of Justice,                                              Article 3
                                                                        Having due regard to the interests of the service, the
Whereas, in order to meet requirements resulting either                 institution shall select, within the limits laid down in
from the accession of Spain and Portugal to the                         Article 2 and after consulting the Joint Committee, from
European Communities or from the need to acquire staff                  officials requesting the application of measures termin-
with new skills, special termination of service measures                ating their service under Article 1, those to whom such
should be adopted,                                                      measures shall be applied.
HAS ADOPTED THIS REGULATION:                                            To this end it shall take into consideration their age,
                                                                        ability, efficiency, conduct in the service, family situation
                                                                        and seniority. Minimum seniority of 10 years shall be
                            Article 1                                   required. This requirement shall not apply to the Court
                                                                        of Auditors until 1 January 1988.
In the interests of the service, and in order to meet
requirements resulting either from the accession of Spain
and Portugal to the European Communities or from the                    By way of derogation from Article 1, this Regulation
need to acquire staff with new skills, the institutions                 shall apply to all officials, other than those in grades A 1
within the meaning of Article 1 of the Staff Regulations                and A 2, who have at least 25 years service.
( l ) are authorized to adopt measures terminating the
service of officials in grades 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.                                                Article 4
                                                                        1.    A former official affected by the measure provided
This Article shall not apply to officials paid from                     for in Article 1 shall be entitled to a monthly allowance
research and investment appropriations employed in the                  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
0) Council Regulation (EEC, Euratom, ECSC) No 259/68 of                 force on the first day of the month for which the
      29 February 1968; OJ No L 56, 4. 3. 1968).                        allowance is payable.
 ---pagebreak--- No C 250/6                               Official Journal of the European Communities                                     2.10.85
2.     Entitlement to the allowance shall cease not later           6.     Recipients of the allowance shall be entitled, in
than the last day of the month in which the former                  respect of themselves and persons covered by their
official attains the age of 65 and in any event as soon as          insurance, to benefit under the sickness insurance scheme
the former official is eligible for the maximum retirement          provided for in Article 72 of the Staff Regulations,
pension.                                                            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 by
At that point the former official shall automatically
                                                                    virtue of legal or statutory provisions.
receive a retirement pension, which shall take effect on
the first day of the calendar month following the month
                                                                    7.     During the period for which he is entitled to
in which the allowance was paid for the last time.
                                                                    receive the allowance, the former official shall continue
                                                                    to acquire further rights to retirement pension based on
3.    The allowance provided for in paragraph 1 shall be            the salary attaching to his grade and step, provided that
adjusted by the weighting fixed for the country in which            the contribution provided for in the Staff Regulations by
the recipient proves that he is resident.                           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
If the recipient of the allowance resides in a country for          of the Staff Regulations. For the purposes of Article 5 of
which no weighting has been fixed, the weighting to be              Annex VIII to the Staff Regulations and Article 108 of
applied to the allowance shall be equal to 100.                     the former Rules and Regulations of the European Coal
                                                                    and Steel Community such period shall be considered to
The allowance shall be expressed in Belgian francs. It              be a period of service.
shall be paid in the currency of the country of residence
of the recipient. However, if it is subject to the weighting        8.     Subject to Articles 1 (1) and 22 of Annex VIII to
of 100 under the second subparagraph, it shall be paid in           the Staff Regulations, the surviving spouse of a former
Belgian francs.                                                     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
Allowances paid in a currency other than the Belgian                least one year when the former official left the service of
franc shall be calculated on the basis of the exchange              an institution, to a survivor's pension equal to 60 % of
rates specified in the second paragraph of Article 63 of            the retirement pension which, irrespective of length of
the Staff Regulations.                                              service or age, would have been payable to the former
                                                                    official if he had qualified for it at the time of death.
4.     Gross income accruing to the former official from            The amount of the survivor's pension referred to in the
any new employment shall be deducted from the                       previous subparagraph shall not be less than the amounts
allowance provided in paragraph 1, in so far as that                specified in the second paragraph of Article 79 of the
income plus that allowance exceeds the total gross                  Staff Regulations. However, in no case may it exceed the
remuneration last received by the official, determined by           amount of the retirement pension to which the former
reference to the salary scales in force on the first day of         official would have been entitled had he survived and
the month for which the allowance is payable. That                  been granted a retirement pension when he ceased to be
remuneration shall be weighted as provided for in                   eligible for the allowance referred to above.
paragraph 3.
                                                                    The duration of the marriage referred to in the first sub-
                                                                    paragraph shall not be taken into account if there are one
Gross income and total gross remuneration last received,
                                                                    or more children of a marriage contracted by the official
as referred to above, mean sums paid after deduction of
                                                                    before he or she left the service, provided that the surviving
social security contributions but before deduction of tax.
                                                                    spouse maintains or has maintained those children.
The former official concerned shall provide any written             The same shall apply if the former official's death
proof which may be required and shall notify the                    resulted from one of the cicumstances referred to at the
institution of any factor which may affect his right to the         end of the second paragraph of Article 17 of Annex VIII
allowance.                                                          to the Staff Regulations.
                                                                    9.     On the death of a former official in receipt of the
5.    Under the conditions set out in Article 67 of the             allowance provided for in paragraph 1, dependent children
Staff Regulations and Articles 1, 2 and 3 of Annex VII              within the meaning of Article 2 of Annex. VII to the Staff
to the Staff Regulations, family allowances shall be                Regulations shall be entitled to an orphan's pension under
payable either to the recipient of the allowance provided           the conditions set out in the first, second and third
for in paragraph 1 or to the person or persons to whom              paragraphs of Article 80 of the Staff Regulations and in
custody of the child or children has been entrusted by              Article 21 of Annex VIII to the Staff Regulations.
law or by an order of court or of the competent
administrative authority; the household allowance shall             10.     For the purposes of Article 107 of the Staff Regu-
be calculated by reference to that allowance.                       lations and of Article 102 (2) of the Staff Regulations of
 ---pagebreak--- 2.10.85                                  Official Journal of the European Communities                              N o C 250/7
Officials of the European Coal and Steel Community, an                                         Article 5
official affected by the measure provided for in Article 1          This Regulation shall enter into force on the day
shall be treated as an official who has remained in                 following its publication in the Official Journal of the
service until the age of 65 provided he continues to pay            European Communities.
the contribution during the period of receipt of the
allowance referred to in 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 laying down implementing rules for Regulation (EEC) No
                                      3331/82 on food-aid policy and food-aid management
                                                        COM(85) 482 final
                              (Submitted by the Commission to the Council on 18 September 1985)
                                                          (85/C 250/07)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            Whereas the basic and derived products which may be
                                                                    supplied under food-aid operations should be determined
Having regard to the Treaty establishing the European               by taking account, in particular, of the available stocks
Economic Community,                                                 of the products in question;
Having regard to Council Regulation (EEC) No 3331/
82 (*), and in particular to the first, fourth, fifth, sixth        Whereas general criteria should also be established for
and seventh indents of Article 4 (1) and to Article 4 (2)           the transport of food aid beyond the fob stage, taking
thereof,                                                             into account the financial and geographical situation of
                                                                    the countries concerned and the channels and inter-
Having regard to the proposal from the Commission,                   mediaries via which the aid will be dispatched; whereas
                                                                     account should also be taken to this end of the need to
Having regard to the opinion of the European Par-                    ensure that the effectiveness of the food-aid operations is
 liament,                                                            increased;
Whereas, in order to implement Council Regulation
 (EEC) No 3331/82, it is necessary to determine the total
 quantities of each product to be supplied under the                 Whereas, in order to ensure that the objectives of
 food-aid     programmes       in compliance       with    the       food-aid operations are attained, it is furthermore
 Community's international commitments;                              necessary to stipulate that aid is granted only where the
                                                                     recipients undertake to comply with the supply terms laid
                                                                     down by the Commission;
Whereas the Community has entered into                 certain
 commitments under the Food Aid Convention;
 Whereas the Community also intends entering into                    Whereas the methods of mobilizing, transporting and
 certain commitments under a Convention to be                        delivering the products should be specified; whereas it is
 concluded whith the United Nations Relief and Works                 also necessary to determine the procedure for mobilizing
 Agency for Palestine Refugees in the Near East                      the products outside the Community;
 (UNRWA) O ;
 Whereas a list of the countries and organizations eligible          Whereas the Commission must be able to take all the
 for food-aid operations should be drawn up without                  measures necessary for the proper execution of food-aid
 prejudice to emergency operations;                                  programmes and operations; whereas, to this end,
                                                                     Member States must provide the Commission with all the
 Whereas provisions should be made for the possibility of             assistance required and, in particular, with all relevant
 making food available to non-governmental organi-                    information;
 zations; whereas the latter must meet certain conditions
 guaranteeing the successful execution of food-aid
 operations;
                                                                     Whereas, in circumstances and subject to appropriate
                                                                      conditions, multiannual food-aid programmes can make
                                                                      a positive contribution to the development of the
 0) OJ No L 352, 14. 12. 1982, p. 1.                                  recipient country; whereas, howewer, it is not intended
 (2) OJ No L 188, 16. 7. 1984, p. 18.                                 to lay down multiannual quantities of food aid,