CELEX: 51988PC0513
Language: en
Date: 1988-09-29
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) INTRODUCING SPECIAL AND TEMPORARY MEASURES TO TERMINATE THE SERVICE OF OFFICIALS OF THE EUROPEAN COMMUNITIES

No C 267/2                             Official Journal of the European Communities                                 14. 10. 88
                                                               II
                                                       (Preparatory Acts)
                                                 COMMISSION
             Proposal for a Council Regulation (EEC) introducing special and temporary measures to
                              terminate the service of officials of the European Communities
                                                      COM(88) 513 final
                                     (Submitted by the Commission on 4 October J 988)
                                                        (88/C 267/02)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           HAS ADOPTED THIS REGULATION:
Having regard to the Treaty establishing a Single                                            Article 1
Council and a Single Commission of the European                    1.    In the interests of the service the Commission is
Communities, and in particular Article 24 thereof,                 authorized until 31 December 1989, to adopt, within the
                                                                   meaning of Article 47 of the Staff Regulations of
                                                                   Officials of the European Communities, hereinafter
Having regard to the proposal from the Commission,                 referred to as 'the Staff Regulations', and on the
made after consulting the Staff Regulations Committee,             conditions set out in this Regulation, measures termin-
                                                                   ating the service of officials in active employment or on
                                                                   secondment, in grades other than A 1 and A 2, who are
                                                                   aged at least 50, have completed at least 10 years'
Having regard       to  the   opinion   of   the   European
                                                                   service, are paid from research and investment appropri-
Parliament,
                                                                   ations and are included in the establishment plan of the
                                                                   Joint Research Centre.
Having regard to the opinion of the Court of Justice,
                                                                   2.    The number of officials in all categories to whom
                                                                   these measures may be applied shall not exceed 100.
Whereas performance of future activities and the specific
research programmes of the Joint Research Centre call
for a radical restructuring of the Centre designed to                                        Article 2
ensure that it has adequate skills at its disposal;
                                                                    1.   After consulting the Joint Committee, which shall
                                                                   give a hearing to any official who so requests, the
                                                                   Commission shall draw up the list of officials affected by
Whereas this restructuring must be carried out with no             the measures referred to in Article 1.
increase in staffing and the number of retirements is far
from sufficient to allow the recruitments needed to attain
the Centre's new objectives;                                       2.     However, the Commission shall grant any requests
                                                                   for termination of service under this Regulation from
                                                                   officials aged 60 and over.
Whereas in order to ensure that the restructuring and the
attainment of these new objectives are not impeded by               3.    The measures provided for in Article 1 and in
inadequate staff skills, special termination-of-service
                                                                   paragraph 1 above shall in no way be disciplinary in
measures must be adopted;
                                                                    nature.
Whereas these special measures could prove ineffective if                                    Article 3
in every case their application required the prior
agreement of the officials concerned; and whereas, if               1.    A former official affected by the measure provided
dictated by the interests of the service, it must be possible       for in Article 1 shall be entitled to a monthly allowance
for such measures to be mandatory and not subject to                equal to 70 % of the basic salary for the grade and step
such agreement,                                                     held at the time of departure, determined by reference to
 ---pagebreak---  nt to 88                                             Cofficial]ournal of thePuropean Communities                                             ^oC^DBB^
the tahle set out in Article DD of the Staff Regulations in                        court or of the competent administrative authority^ the
force on the first day of the month for which the                                  household allowanceshall hecalculated hy reference to
allowance is payahle                                                               that allowance
^         Entitlement to the allowance shall cease not later
than the last day of the month in which the former                                 D        Recipients of the allowance shall he entitled^ in
official attains the age of D ^ a n d m a n y e ^ e n t as soon as                 respect of themselves and persons cohered hy their
the former official is ehgihle for the maximum retirement                          insurancem^ benefit under the sickness insurance scheme
pension                                                                            provided for in Article ^ of the Staff Regulations
                                                                                   pro^idedthe^ pay the relevant contnhution calculated on
At that point the former official shall automatically                              the hasis of the allowance provided for in paragraph I
receive a retirementpensiom ^hich shall tal^e effect on                            and are not cohered hy another sickness insurance hy
t h e f i r s t d a y o f the calendar m o n t h f o l l o ^ i n g t h e m o n t h ^Birtueof legal or statutory provisions
in which the allowance waspaid for the lasttime
                                                                                   B^       Muring the period for which he is entitled to
^         The allowance provided for in paragraph I shall he
                                                                                   receive the allowances the former official shall continue
weighted at therate fixed in accordance withthe second
                                                                                   toacquirefurther rights to retirementpensionhased on
subparagraph of Article 8^gt^ of the Staff Regulations
                                                                                   thesalary attaching t o h i s g r a d e a n d s t e p ^ p r o ^ i d e d t h a t
for the country situated inside or outside the Community
                                                                                   the contnhution provided for mtheStaff Regulations hy
where the recipientpro^es he has his residence
                                                                                   reference to that salary is paid during that period and
                                                                                   provided that the total pension does not exceed the
If therecipient of the allowance estahhsheshis residence                           maximum specified in the second paragraph of A r t i c l e d
in a country outside the Community^ the weighting of                               of the Staff Regulations Por the purposes of Article^of
100 shall he applied                                                               Annex V H I t o t h e Staff Regulationsand article 108 of
                                                                                   theformerRulesandRegulationsofthePuropeanCoal
The allowance shall he expressed in Belgian francs It                              andSteelCommumty^such period shall he consideredto
s h a l l h e p a i d m t h e c u r r e n c y o f the countryof residence          he a period of service
of the recipient P l o w e ^ e r m f ^ ^ ^ h ^ e c t to the weighting
of lOOunderthepre^ioussuhparagraph^itshallhepaid
in Belgian francs
                                                                                   8        Suh^ecttoArticles I g p a n d ^ o f A n n e x V I I I t o
                                                                                   the Staff Regulations^ the sur^i^mg spouse of a former
Allowances paid in a currency other than the Belgian                               official who dies while in receipt of the monthly
franc shall he calculated on the hasis of exchange rates                           allowance provided for in paragraph 1 shall he entitled^
specified in the second paragraph of Article (^ of the                             provided that he or she had heen his or her spouse for at
Staff Regulations                                                                  least one year when the former official left the service of
                                                                                   the Commissions ^o a sur^noPs pension equal to ^ 0 ^
^         C^ross income accruing to the formerofficial from                        of theretirementpensionwhich^ irrespective of lengthof
any new employment shall he deducted from the                                      service or age^ would ha^e heen payahle to the former
allowancepro^idedformparagraph P m s o f a r a s that                              official if he had qualified for it at the time of death
income plus that allowance exceeds the total gross
remuneration last receded hy the official^determmedhy
reference t o t h e salary s c a l e s i n f o r c e o n t h e first dayof         The amountof the sur^nBoPs pension referred to in the
the month for which the allowance is payahle That                                  previous suhparagraph shall not he less than the amounts
remuneration shall he weighted as provided for in                                  specified in the second paragraph of Article B^ of the
paragraph ^                                                                        Staff Regulations Plowe^ermn no case may it exceed the
                                                                                   amount of the retirement pension to which the former
(Gross income and total gross remuneration last recei^ed^                          official would ha^e heen entitled had he sur^Bi^ed and
a s r e f e r r e d t o a h o ^ m e a n sums paid after deductionof                heengrantedaretirement pension when h e c e a s e d t o h e
social security contnhutions hut hefore deduction of tax                           ehgihlefortheallowancereferred toaho^e
Theformerofficial concernedshallpro^ideany written
                                                                                   The duration of the marriage referred to in the first
proof which may he required and shall notify the                                   suhparagraph shall not he tal^en into account if there are
institution of any factor which may affect his right to the                        one or more children of a marriage contracted hy the
allowance                                                                          official hefore he or she left the service provided that the
                                                                                   sur^nang spouse maintains or has maintained those
^         Under the conditions set out in Article DB of the                        children
Staff Regulations and Articles P ^ a n d ^ o f AnnexVH
to the Staff Regulations^ family allowances shall he
payahle either to the recipient of the allowances provided                         The same shall ^pply if the former official's death
for in paragraph I or in his name and on hishehalf to                              resultedfromoneofthecircumstancesreferredtoatthe
theperson or persons to whom custody of thechild or                                end of the second paragraph of Article l ^ o f AnnexVIII
children has heen entrusted hy law or hy an order of                               t o t h e Staff Regulations
 ---pagebreak--- No C 267/4                            Official Journal of the European Communities                               14. 10. 88
9.    On the death of a former official in receipt of the        Officials of the European Coal and Steel Community, an
allowance provided for in paragraph 1, dependent                 official affected by the measure provided for in Article 1
children within the meaning of Article 2 of Annex VII to         shall be treated as an official who has remained in
the Staff Regulations shall be entitled to an orphan's           service until the age of 65 provided he continues to pay
pension under the conditions set out in the first, second        the contribution during the period of receipt of the
and third paragraphs of Article 80 of the Staff Regu-            allowance referred to in paragraph 1 of this Article.
lations and in Article 21 of Annex VIII to the Staff
Regulations.                                                                              Article 4
                                                                 This Regulation shall enter into force on the day
10.    For the purposes of Article 107 of the Staff Regu-        following its publication in the Official Journal of the
lations and of Article 102 (2) of the Staff Regulations of       European Communities.