31972R2530

Official Journal of the European Communities 11

5.12.72 Official Journal of the European Communities No L 272/1

REGULATION (Euratom, ECSC, EEC) No 2530/72 OF THE COUNCIL of 4 December 1972 introducing special and temporary measures applicable to the recruitment of officials of the European Communities in consequence of the accession of new Member States, and for the termination of service of officials of those Commumties

THE COUNCIL OF THE EUROPEAN COMMUNI­ HAS ADOPTED THIS REGULATION : TIES,

Having regard to the Treaty establishing a CHAPTER I Single Council and a Single Commission of the European Communities , and in particular Article 24 thereof; Special and temporary measures applicable to Having regard to Council Regulation (Euratom, the recruitment of officials of the European ECSC, EEC) No 259/6S1 of 29 February 1968 Communities in consequence of the accession of new Member States laying down the Staff Regulations of Officials and the Conditions of Employment of other Servants of the European Communities, and Article 1 instituting special measures temporarily appli­ cable to Officials of the Commission, as last 1 . Notwithstanding Articles 27 (3), 28 (d) amended by Regulation (EEC, Euratom, ECSC) and 29 of the Staff Regulations of Officials of No 1473/722, and in particular Article 2 thereof, the European Communities, provision may be and Articles 4, 27 and 29 of the Staff Regulations made until 31 December 1973 for vacant of the European Communities; posts to be filled by nationals of the new Having regard to the proposal from the Com­ Member States up to the number of budgeted mission made after consulting the Staff Regula­ posts reserved for this purpose in the list of tions Committee; posts or made available by the application of measures for the termination of service Having regard to the Opinion of the European provided for in this Regulation. Parliament; However, provision may be made during the Having regard to the Opinion of the Court of same period and under the same conditions Justice; laid down in the preceding paragraph for vacant posts in Grades A 1 and A 2 to be Whereas, in consequence of the accession of filled by nationals of the original Member new Member States to the Communities, States. Except in the case of posts in grades A 1 special measures concerning the Staff Regula­ and A 2, adequate publicity shall be made of tions of the European Communities should be vacant posts both inside the Community adopted on a temporary basis; whereas , as institutions and outside. regards the personnel of the Commission, the application of those measures should be 2 . Appointments to grades A 4, A 5 , L/A4, confined to officials paid out of credits under L/A 5, L/A 6, B 1 , B 2, B 3 and C 1 shall be Title 1 of the section of the Budget relating to made after a competition organised in accord­ that institution; ance with the provisions of Annex III of the Staff Members, or after the opinion of the 1 OJ No 56, 4.3.1968, p. 1 . selection Committee(s). Article 3 of Annex III 2 OJ No L 160, 16.7.1972, p. 1 . shall apply. The Selection Committee(s) shall

12 Official Journal of the European Communities

present to the appointing authority the list of 3 . If the interests of the service permit, the candidates whom they consider suitable. institution shall take into account the requests of officials that their service be terminated Appointments to grades A 6, A 7, L/A 7, under paragraph 1 . L/A 8 , B 4, B 5 and C 2 - C 5 shall be made after a competition organised in accordance However, requests made by officials over with the conditions laid down in Annex III 60 years for the termination of -their service to the Staff Regulations . shall be granted automatically.

4 . The measures provided for in paragraph 1 CHAPTER II and 2 are in no way disciplinary.

Special and temporary measures for the termina­ 5 . Until 30 June 1973 , but without prejudice tion of service of officials of the European to paragraph 2, the institution shall take no Communities decision placing an official on non-active status or retiring an official in the interests of the service. Article 2

1 . Until 30 June 1973 , the Institutions of the Communities are authorised, in the interests of Article 3 the service and in order to meet requirements resulting from the accession to the European Communities of new Member States, to adopt for their officials in grades A 1 to A 5 inclusive 1 . An official affected by the measures measures terminating the service of officials , as provided for in Article 2 (1) shall be entitled : provided for in Article 47 of the Staff Regula­ tions, under the conditions provided hereinafter. (a) for a period of a year, to a monthly allowance equal to his last remuneration, and The same conditions shall apply when the institution exercises in the interests of the (b) for a period fixed in accordance with the service the option provided for in the second table in paragraph 2, to a monthly allowance paragraph of Article 1 (1). equal to:

— 80% of his basic salary for the 30 2 . Where an institution intends to take the following months; measures provided for in paragraph 1 in respect of officials of grades other, than A 1 — 70% of his basic salary thereafter . and A 2, it shall, without prejudice to para­ Entitlement to that allowance shall cease not graph 3 , draw up a list of the officials to be affected by such measures in each grade, after later than the day on which the official reaches consulting the Joint Committee, taking into the age of 65 . Where the official is entitled to account the officials' ability, efficiency, conduct the maximum pension before the age of 65 , in the service, family circumstances and he may continue to receive the allowance until seniority. the end of the month in which he attained the age of 65 . The basic salary to be taken into An official whose name appears on such a account when fixing the allowances provided list may opt for termination of service as for under this paragraph is that applicable on provided for in paragraph 1 or for non-active the first day of the month for which the allow­ status. If the latter, Article 41 (3), (4) and (5) of ance is payable. the Staff Regulations shall apply. 2 . - In order to determine on the basis of the An official who proposes to opt for non-active official's age the period during which he shall status shall declare his choice within two receive the allowance provided for in para­ months from the date on which he was in­ graph 1 (b), the coefficient fixed in the following formed that this name appeared on the list table shall be applied to the length of his provided for in the first sub-paragraph; in service, including continuous service as a default, he shall forgo the right to opt. member of the temporary or auxiliary staff.

Official Journal of the European Communities 13

Age % Age % Age % Age % Age %

20 18 30 33 40 48 50 63 60 78 21 19-5 31 34-5 41 49-5 51 64-5 61 79-5 22 21 32 36 42 51 52 66 62 81 25 22-5 33 37-5 43 52-5 53 67-5 63 82 -5 2¿ 24 34 39 44 54 54 69 25 25-5 35 40 -5 45 55-5 55 70-5 26 27 36 42 46 57 56 72 27 28-5 37 43-5 47 58 -5 57 73-5 2S 30 38 45 48 60 58 75 29 31-5 39 46-5 49 61-5 59 76-5

3 . The allowance provided for in paragraph 1 the official is entitled to the allowance, his shall be weighted , in accordance with the contribution shall be calculated on the basis second subparagraph of Article 82 ( 1) of the of the last monthly allowance he receives . Staff Regulations, for the Community country Where the official benefits from a pension where the recipient provides proof of residence. under the pension scheme provided for in the If the recipient of that allowance resides outside Staff Regulations of the Communities , he shall , the Community countries the weighting to be for the purposes of Article 72, be treated in the applied to the allowance shall be that valid same way as an official who has remained in for Belgium . service until the age of 60.

The allowance shall be expressed in Belgian 7 . During the period for which he is entitled francs. It shall be paid on the basis of the to receive the allowance the official shall values referred to in Article 63 , third sub­ paragraph of the Staff Regulations . continue to acquire further rights to retirement pension based on the salary attaching to his grade and step, provided that he pays the 4 . The income accruing to the official contributions provided for in the Staff Regula­ concerned from any new employment during tions during that period and provided that the this period shall be deducted from the allowance total pension does not exceed the maximum provided for in paragraph 1 , in so far as that amount laid down in Article 77, second sub­ income plus that allowance exceeds the total paragraph of the Staff Regulations . For the remuneration last received by the official in purposes of Article 5 of Annex VIII to the the performance of his duties : That remunera­ Staff Regulations and Article 108 of the tion shall be weiglited as provided in para­ general Regulations of the ECSC such period graph 3 . shall be considered to be a period of service. The official concerned shall provide any An official falling within the provisions of written proof which, may be required and shall Article 1 (2) shall receive a retirement pension notify the institution of any factor which may amounting to 35% of his basic salary, if, under after his right to payment. the provisions of the Staff Regulations and this Regulation, his pension is more than 30% 5 . All family allowances shall remain but less than 35% ; where his pension under payable where the official receives the allowance the provisions of the Staff Regulations and provided for in paragraph 1 . Article 67 (2) of this Regulation is more than 20% but less than the Staff Regulations shall apply. 30% , it shall be increased by 15% . 6 . During the peiiod for which he is entitled If the official is reinstated in an institution of to receive that allowance, the official shall be the European Communities and thus acquires entitled, in respect of himself and persons further pension rights he shall cease during this covered by his insurance, to benefits under the further period of service to benefit from the sickness insurance scheme laid down in Article provisions provided for in the first sub-para­ 72 of the Staff Regulations, provided he pays graph above. However, for that part of the the contribution calculated on the basis of the period referred to in the first subparagraph basic salary attaching to his grade and step which is not yet completed at the time of and is not covered against sickness by another reinstatement, the official may request that scheme. At the end of the period during which both his contribution to the pension scheme

14 Official Journal of the European Communities

and his pension rights be calculated on the official is entitled to the grant provided for basis of the basic salary attaching to the grade in Article 5 and the extended period allowed and step reached in his previous post. him, where appropriate, in accordance with Article 5 ( 10). For the purposes of Article 77 of the Staff Regulations an official receiving the allowance 2 . An official who proposes to opt for provided for in paragraph 1 shall be treated as application of the provisions provided for in an official removed from his post in the interests paragraph 1 must declare his choice within six of the service . months from the date of notification of the measure referred to in Article 4 ( 1 ); in default, An official who , at the time of termination of service, has served a minimum of 10 years' and he shall forgo the right to opt . who is no longer entitled to the allowance Any sums which may have been paid by way of provided for in Article 3 mayf on attaining the pension prior to the application of the provi­ age of 55 , claim immediate payment of his sions of this Article shall be deducted from the retirement pension, without any reduction payment provided for in paragraph 1 . thereof being made under Article 9 of Annex VIII of the Staff Regulations . Article 5 In fixing the amount of the survivor's pension, to which the widow of an official who has 1 . The officials referred to in the last sub­ died during such period is entitled, the provi­ sions of the second subparagraph of Article 79 paragraph of Article 2 of Regulation (EEC, of the Staff Regulations shall apply . Euratom , ECSC) No 259/68 of the Council and in Article 102 (5) of the Staff Regulations , with 8 . If, in application of these provisions, the the exception of those who before 1 January official is entitled to receive a pension before 1962 held Grade A 1 or A 2 posts under the the age of 60 , he shall be entitled, for each Staff Regulations of the European Coal and dependent child within the meaning of Article 2 Steel Community , to whom the measures of Annex VII to the Staff Regulations , to the provided for in Article 4 ( 1 ) are applied, may dependent child allowance. request that their remuneration be determined in accordance with the provisions of Article 34 9 . In order to receive the resettlement of the Staff Regulations of the European Coal allowance the official shall not be required to and Steel Community and Article 50 of the satisfy the condition of length of service referred Rules and Regulations of the European Coal to in the first subparagraph of Article 6 ( 1 ) of and Steel Community. Annex VII to the Staff Regulations. 2 . Officials who before 1 January 1962 held 10 . For the purposes of Article 107 of the Grade A 1 or A 2 posts under the Staff Regula­ Staff Regulations and of Article 102 (2) of the tions of the European Coal and Steel Commu­ Staff Regulations of Officials of the European nity, to whom o the measures provided for in Coal and Steel Community, an official affected Article 4 ( 1 ) are applied, may request that their by measures provided for in Article 4 ( 1) shall remuneration be determined in accordance be treated as an official to whom the provisions with the provisions of Article 42 of the Staff of Articles 41 and 50 of the Staff Regulations Regulations of the European Coal and Steel have been applied . Community.

Article 4 3 . However, the provisions of Articles 3 (3), (5 ), (6) and the fifth subparagraph of (7) and ( 8) 1 . An official affected by the measures of this Regulation shall continue to apply to the officials referred to in this article . provided for ; in Article 2 ( 1 ) who has not completed 15 years ' service may renounce irrevocably his pension rights. In this case he shall receive a payment fixed under the con­ ditions laid down in Article 12 of Annex VIII CHAPTER III to the Staff Regulations . The provisions of Article 5 (7) and (8) and Article 7 of this General and final provisions Regulation shall not apply to him . For the purposes of Article 12 (c) of Annex VIII Article 6 to the Staff Regulations, the actual length of service shall include the period in which the The provisions of this Regulation shall , as

Official Journal of the European Communities 15

regards the personnel of the Commission of the Article 7 European Communities , apply only to officials paid out of credits entered under Title I of the This Regulation shall enter into force on the section of the Budget of the European Commu­ day following its publication in the Official nities relating to that institution . Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States . Done at Brussels, 4 December 1972. For the Council

The President

N. SCHMELZER