CELEX: 51976PC0190
Language: en
Date: 1976-05-04
Title: Proposal for a COUNCIL REGULATION determining the categories of officials entitled to, and the conditions and rates of, allowances for regular stand by duty. (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (76) 190
Vol. 1976/0059
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                             COM(76)190 final.
                                             Brussels , 3 May 197^.
                             Proposai for a
                           COUNCIL REGULATION
                                 /
           determining the categories of officials entitled,
   to . and the conditions and rates of , allowances for regular standby­
                                 duty .
             ( submitted to the Council by the Commission)
   COMC76 ) 190 final .
 ---pagebreak---                   EXPLANATORY MEMORAKDUM
1.     Regulation (Euratom, ECSC , EEC) No 1601/75 of 24 June 1975
the Council amended Article 5^b and the third paragraph of
Article 55 of the Staff Regulations , deleting the phrase which
restricted standby duty and the allowances for this work to
officials paid from appropriations in the research and investment ..
budget and employed in an establishment of the Joint Research Centre
or on indirect action.
The amended text of Article 56b retires the Council , acting on a
proposal from the Commission, presented after consulting the Staff
Regulations Committee , to determine the categories of officials
entitled to , and the conditions and rates of, allowances for
standby duty .                                                             -
2.  The Commission proposal is attached .   It takes account of the
need for certain staff who are employed outside the Joint Research
Centre to run and supervise technical installations or work in the
medical service or as drivers , to remain at the disposal of their
institution at the place of employment or at home , outside and in
addition to normal working hours .
The conditions and rates of the proposed allowances are the same as
those laid down for research staff in Council Regulation (Euratom) No 1371/72
of 27 June 1972 .
However , to compensate to some extent for the disruption to family
and social life caused by standby duty , it is proposed to grant
one day 's leave in some cases , for instance following seven days'
continuous standby duty at home or standby duty at the place of
employment on Saturdays , Sundays or public holidays .
 ---pagebreak--- 3.  As the representatives of the Staff Committees refused to
attend meetings of the Staff Regulations Committee duly convened
by the Chair since the beginning of February , the Staff Regulations
Committee could not give an opinion on the Commission 's proposal ,
which it received in September 1975 »
In the absence of an opinion from the Staff Regulations Committee
the Commission has adopted the attached proposal pursuant to
Article 10a of the Staff Regulations .
Agreement was reached on the Commission proposal as a result of
consultation with staff representatives before the proposal was
presented to the Staff Regulations Committee .
 ---pagebreak---                              Proposai for
Council Regulation (ECSC , Euratom , EEC ) No         of
determining the categories of officials entitled to , and the conditions
and rates of, allowances for regular standby duty
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having regard to the Staff Regulations of Officials and the Conditions of
Employment of Other Servants of the European Communities laid down in
Regulation (EEC, Euratom, ECSC) No 259/681 , as last amended "by
                      2
Regulation No           , and in particular the second paragraph of
Article 56b of the Staff Régulations ,
Having regard to the proposal from the Commission ,
Whereas it is for the Council , acting on a proposal from the Commission,
                                                               to détermina
the categories of officials entitled to , and the conditions . and rates of­
     f                                                   •
allowances which may he granted to officials who are regularly required to
he at the disposal of the institution at the place of employment or at
home outside normal working hours ,
HAS ADOPTED THIS REGULATION:
                              Article 1
1.  Officials paid from appropriations in the research and investment
budget and employed in an establishment of the Joint Research Centre or
on indirect action , or paid from appropriations in the operating budget
and employed to run or supervise technical installations or to work in the
medical service or as drivers , who are regularly required to carry out
standby duty in accordance with Article 56b of the Staff Regulations , shall
be entitled to an allowance determined as follows :
20J No L 56 , 4 March 1968» p . 1 .
 OJ No             ,          , p.
 ---pagebreak--- (a) The allowance shall "be expressed in points . A point shall be
      equal to 0.032$ of the basic salary of an offioial in Grade D4 »
      Step 1 . Such allowance shall be adjusted by the weighting .
      applicable to the remuneration of the official ;
(b) The number of points per hour of actual standby duty shall be :
       (i) for standby duty at the place of employments 11 for working
             days and 22 for Saturdays , Sundays and public holidays ;
      (ii ) for standby duty at home : 2.15 for working days and 4*3 for - .
             Saturdays , Sundays and public holidays .
2. No allowance shall be granted for standby duty at home if the
actual period of duty is less than 14 hours .
                                                                           t •
3 . An official who can show that for a period not exceeding one month
he was prevented from doing standty duty at the place of employment as
a result of illness or accident or because he was on annual leave shall
retain his entitlement to the allowance . If he is prevented from 'doing
standby duty for more than one month owing to sickness or accident , his
entitlement to the allowance shall be suspended at the end of that month
until he resumes work .
                            ι
For the period referred to in the previous subparagraph, the official
shall be entitled to an allowance of 42 points for each day of absence
because of sickness , for which he has a medical certificate , or for each
day of annual leave .
                                Article 2
The officials referred to in Article 1(1 ) shall also be entitled to :
(i ) one day of leave for each period of standby duty at home involving
     at least 7 consecutive days , inoluding absences for sickness or on
     leave ;
 ---pagebreak--- ( ii) one day of leave for each Saturday, Sunday or public holiday -
      on which they are actually required to carry out standby duty
      at the place of employment .                               .
                             Article 3
This Regulation shall apply "by analogy to temporary, auxiliary and
establishment staff.
                             Article 4
                                                                       • »*■
Council Regulation (Euratom) No 1371/ 72 is hereby repealed.         .
                             Article 5
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities . However the
provisions of the first , second and third articles take effect on the 1st . July 1975 •
This Regulation shall be binding in its entirety and directly applicable
in all Member States .
                                                 For the Council