CELEX: 51991PC0150
Language: en
Date: 1991-05-03
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC, EURATOM, ECSC ) AMENDING THE STAFF REGULATIONS OF OFFICIALS OF THE EUROPEAN COMMUNITIES

24. 5. 91                              Official Journal of the European Communities                               No C 134/9
                                           Joint Declaration concerning Article 4
              It is understood that the application of Article 4 is dependent upon the submission to the Bank
              by the Federal Executive Council of Yugoslavia of mutually acceptable projects.
                           Declaration of the Delegation of the Community concerning Article 8
             The provisions of the Financial Protocol are without prejudice to the general question of the
             origin of goods and services eligible for financing by the bank from its own resources and do
             not, in this connection, affect the exercise by the Bank's bodies of their powers under the
              Statute of the Bank.
              Proposal for a Council Regulation (ECSC, EEC, Euratom) amending the Staff Regulations of
                                           officials of the European Communities
                                                         (91/C 134/06)
                                                      COM(91) 150 final
                                      (Submitted by the Commission on 14 May 1991)
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
Communities, and in particular Article 24 thereof,                 Article 11 of VIII to the Staff Regulations of officials is
                                                                   hereby amended as follows:
Having regard to the proposal from the Commission,
                                                                   1. Paragraph 1 is replaced by the following:
presented after obtaining the opinion of the Staff Regu-
lations Committee,
                                                                      '1.    An official   who leaves the service of the
                                                                      Communities to:
Having regard        to  the  opinion   of   the    European
Parliament,                                                           — enter the service of a government administration
                                                                          or a national or international organization which
                                                                          has     concluded     an    agreement    with     the
Having regard to the opinion of the Court of Justice,
                                                                          Communities,
Whereas it follows from the case-law of the Court of                  — pursue an activity in an employed or self-
Justice that, in order to respect the principle of equal                  employed capacity, by virtue of which he acquires
treatment, the scope of Article 11 of Annex VIII to the                   pension rights under a scheme whose adminis-
Staff Regulations of officials must be extended to                        trative bodies have concluded an agreement with
officials who previously pursued activities in a self-                    the Communities,
employed capacity and to officials who leave the service
of the Communities to take up an activity in an                       shall be entitled to have the actuarial equivalent of his
employed or self-employed capacity by virtue of which                 retirement pension rights in the Communities trans-
they require pension rights,                                          ferred to the pension fund of that administration or
 ---pagebreak--- N o C 134/10                           Official Journal of the European Communities                              24. 5. 91
   organization or to the pension fund under which he                                      Article 2
   acquires retirement pension rights by virtue of the
   activity pursued in an employed or self-employed              An official who was established before this Regulation
   capacity.'                                                    entered into force may apply to his institution for
                                                                 transfers within the meaning of Article 1 (2) relating to
                                                                 activities pursued in a self-employed capacity.
2. The first subparagraph of paragraph 2 is replaced by
   the following:
                                                                 Applications shall be made within 12 months following
   '2.    An official who enters the service of the              the entry into force of this Regulation.
   Communities after:
   — leaving the service of a government administration
                                                                                           Article 3
        or of a national or international organization, or
                                                                 This Regulation shall enter into force on the day
   — pursuing an activity in an employed or self-                following its publication in the Official Journal of the
        employed capacity,                                       European Communities and shall have effect as from
                                                                 1 January 1962.
   shall be entitled upon establishment to have paid to
   the Communities either the actuarial equivalent of the
   flat-rate redemption value or retirement pension rights       This Regulation shall be binding in its entirety and
   acquired by virtue of such service or activities.'            directly applicable in all Member States.