CELEX: 32004R0858
Language: en
Date: 2004-04-29 00:00:00
Title: Council Regulation (EC, Euratom) No 858/2004 of 29 April 2004 determining the rates and conditions of the special allowances provided for in Article 56c of the Staff Regulations which may be granted to compensate for particularly arduous working conditions

30.4.2004         EN         Official Journal of the European Union                    L 161/ 14
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                   COUNCIL REGULATION (EC, EURATOM) No 858/2004
                                           of 29 April 2004
                   determining the rates and conditions of the special allowances
                          provided for in Article 56c of the Staff Regulations
                    which may be granted to compensate for particularly arduous
                                          working conditions
THE COUNCIL OF THE EUROPEAN UNION,
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
259/68 1 as last amended by Regulation (EC, Euratom) No 723/2004 2, and in particular Article 56c
of the Staff Regulations,
Having regard to the proposal from the Commission submitted after consulting the Staff
Regulations Committee,
1
      OJ L 56, 4.3.1968, p. 1.
2
      OJ L 124, 27.4.2004, p. 1.
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Whereas:
It is for the Council, acting on a proposal from the Commission, to determine the rates and
conditions of the special allowances which may be granted to certain officials to compensate for
particularly arduous working conditions,
HAS ADOPTED THIS REGULATION:
                                                 Article 1
Special allowances determined in accordance with the following Articles shall be granted to
officials called upon to do particularly arduous work.
                                                 Article 2
The allowances shall be expressed in points. One point shall be equal to 0,032% of the basic salary
of an official in grade 1, step 1 1. The allowances shall be adjusted by the correction coefficients
applicable to the remuneration of officials.
The allowances shall be paid monthly.
                                                 Article 3
1. The following table lists the special working conditions in which allowances may be granted
and the number of points per hour of actual work:
1
        For the period from 1 May 2004 to 30 April 2006: Grade D*1, step 1.
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                                                                                              Number of points
                                                                                              per hour of actual
                                   Special working conditions                                 work for function
                                                                                               groups AD and
                                                                                                    AST 1
                                               I. Safety of the individual
   (a)     Wearing of particularly uncomfortable clothing for protection against fire,
           contamination, radiation or corrosive substances:
   1.      Special heavy clothing                                                                    10
   2.      Self-contained protective suits against fire                                              50
   3.      Other self-contained protective suits                                                     34
   4.      Protective clothing with self-contained breathing apparatus                               25
   5.      Other protective clothing with breathing apparatus                                        20
   (b)     Partial protection:
   1.      Self-contained breathing apparatus                                                        16
   2.      Complete respirators                                                                      10
   3.      Anti-dust respirators                                                                      6
   4.      Other protective apparatus against toxic, asphyxiating, corrosive substances, etc.         2
   5.      Glove-boxes and remote handling devices                                                    2
                                                    II. Place of work
   (a)     Confined
   Work in confined spaces, without daylight, which are crossed by high-tension cables or
   by high-temperature pipework and which are so cluttered as to make it difficult to move            2
   about
   (b)     Noisy
   Work in spaces with an average sound volume exceeding 85 decibels                                  2
   (c)     Dangerous sites necessitating the use of onerous protective appliances
   1.      Underground passages                                                                       2
   2.      Places where work is carried out at more than 6 metres above the ground
                                                                                                      5
   involving exceptional risks
   In these cases the allowance shall be granted by decision of the appointing authority
   after consulting, where appropriate, a joint committee.
                                                   III. Nature of work
   (a)     Handling or working with certain substances in conditions which make the work
                                                                                                      2
           arduous (see list in Annex)
   (b)     Work with explosives as a certified explosives expert                                      5
1
      For the period from 1 May 2004 to 30 April 2006: categories A*, B*, C*, D*.
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2. In order to make constant supervision possible, work performed under the conditions defined in
paragraph 1 must be recorded promptly and in chronological order. The record must detail the
work performed by reference to the above table.
The appointing authority shall lay down the procedure for carrying out the supervision; where the
number of hours of work in question can be taken as being the same every month the appointing
authority may dispense with the record.
                                                 Article 4
The allowances for work performed under the conditions defined in item I of the table in Article 3
may not be aggregated; nor may those provided for in items II and III of that table.
The allowances for work performed under the conditions defined in items I and III of that table may
also not be aggregated.
For the purposes of applying the above paragraphs, where more than one allowance would be due at
the same time the highest allowance only shall be paid.
                                                 Article 5
Subject to the application of Article 2 of Regulation (ECSC, EEC, Euratom) No 300/76 determining
the categories of officials entitled to allowances for shiftwork, and the rates and conditions
thereof 1, the allowances paid under this Regulation shall not exceed 1 500 points per official
per month.
1
      OJ L 38, 13.2.1976, p. 1. Regulation as last amended by Regulation (EC, Euratom)
      No .../2004 (OJ L ...).
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                                                 Article 6
This Regulation shall apply by analogy to temporary, auxiliary and contract staff.
                                                 Article 7
In April each year the Commission shall submit to the Council a report on:
–      the number of officials and servants in each category who received the allowances referred to
       in this Regulation, broken down by institution and location, and the number of hours worked
       under the various conditions set out in the table in Article 3,
–      the total expenditure relating to these allowances.
                                                 Article 8
Regulation (EEC) No 1799/72 1 is hereby repealed on the day on which this Regulation enters into
force.
1
       OJ L 192, 22.8.1972, p. 1.
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                                               Article 9
This Regulation shall enter into force on 1 May 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Luxembourg, 29 April 2004.
                                                                 For the Council
                                                                  The President
                                                                M. McDOWELL
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                                                ANNEX
                                      List referred to in Article 3
A.    Corrosive and asphyxiating substances:
      1.   In handling:
           Halogens, hydrohalogen acids (hydrochloric and hydrofluoric acids), halogen fluorides;
           sulphuric acid, sulphur chloride, caustic soda and caustic potash, ammonia.
      2.   In technical processes:
           Scouring and passivation of stainless steels and light alloys by submersion in, or contact
           with, scouring or oxidising agents.
B.    Toxic substances:
      1.   In handling:
           Toxic forms of radioactive substances; beryllium and compounds; arsenic and
           compounds; mercury, compounds and amalgams; tetraethyl lead; hydrocyanic acid;
           cyanides and acrylonitrile; nitrogen oxide and nitrogen dioxide; phosphorus and
           phosphoric ethers; selenium; deuterium oxide.
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      2.    In technical processes:
            Manufacture, concentration and storage of toxic forms of radioactive substances;
            casting, welding and working of lead and alloys or lead antimony and cadmium
            antimony.
C.    Highly flammable and/or explosive substances:
      1.    In handling:
            Compressed gases: acetylene, oxygen, methane, ethane, ethylene and rare gases; volatile
            organic solvents such as methyl alcohol, ethyl alcohol, diethyl ether, acetone, benzene,
            toluene; liquid metals such as sodium or potassium; sulphur.
      2.    In technical processes:
            Argon welding; cleaning and degreasing very dirty parts with solvents such as
            trichloroethylene; use of organic liquids such as diphenyl, triphenyl, polyphenyl,
            Dowtherm, highboiler residues in circuits; pouring of paraffin or bitumen.
D.    Dirty products:
      1.    In handling:
            Cadmium, chromium, nickel, bismuth, barium, vanadium and manganese compounds in
            powder form; powdered iron oxide.
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2.    In technical processes:
      Processing of graphite; greasing and draining pumps and motors such as vacuum pumps, fluid
      circulation pumps, decompression pumps, compressed air generators; polishing with special
      substances; handling of metal slag.
      This Annex shall be amended by the Council on a proposal from the Commission in the light
      of scientific and technical developments.