31973R1543

11.6 . 73 Official Journal of the European Communities No L 155 / 1

I

(Acts whose publication is obligatory)

REGULATION (ECSC, EEC, EURATOM) No 1543 /73 OF THE COUNCIL

of 4 June 1973

introducing special measures temporarily applicable to officials of the European Com­ munities paid from research and investment funds

THE COUNCIL OF THE EUROPEAN COMMUNITIES, HAS ADOPTED THIS REGULATION :

CHAPTER I Having regard to the Treaty establishing a Single Council and a Single Commission of the European Communities, and in particular Article 24 thereof; Special and temporary measures applicable to the recruitment of officials of the European Communities in consequence of the Accession of new Member Having regard to the Proposal from the Commission , States submitted after consulting the Staff Regulations Committee ;

Article 1 Having regard to the Opinion of the European Parliament ; 1 . Notwithstanding the second and third subparagraphs of Article 4, the third subparagraph of Having regard to the Opinion of the Court of Justice; Article 27, Article 28 (d) and Article 29 of the Staff Regulations of Officials of the European Communities, provision may be made until 30 June Whereas in Regulation (Euratom, ECSC, EEC ) No 1974 for vacant posts in grades A 1 and A 2 paid 2530/72 (*), the Council adopted special temporary from research and investment funds to be filled by measures concerning the Staff Regulations of officials nationals of the new Member States up to the of the European Communities, affecting only such number of budgeted posts reserved for this purpose officials as are paid out of credits under Title I of the in the list of posts or made available by the Section of the Budget relating to the Commission ; application of measures for the termination of service whereas certain special measures temporarily provided for in this Regulation. applicable to officials paid from research and investment funds should also be adopted ;

During the same period, notwithstanding the third subparagraph of Article 27 of the Staff Regulations of Whereas special provision must be made to enable Officials of the European Communities, provision officials affected by such measures to overcome the may be made for vacant posts in grades other than serious financial difficulties resulting from loss of A 1 and A 2 paid from research and investment funds employment and to transfer to other duties as to be filled by nationals of the new Member States up smoothly as possible ; to the number of budgeted posts reserved for this purpose in the list of posts or made available by the application of measures for the termination of service H OJ No L 272, 5 . 12. 1972, p . 1 . provided for in this Regulation.

No L 155 /2 Official Journal of the European Communities 11 . 6 . 73

2. However, provision may be made, during the post. Following such appointment, the special same period and under the same conditions laid provisions relating to scientific or technical officials down in paragraph 1, for vacant posts in Grades A 1 of the Communities shall no longer apply to the to A 2 to be filled by nationals of the original official concerned. Member States . The Commission shall, where the interest of the service so permits, accord priority treatment to CHAPTER II applications from officials who request termination of service under paragraph 1 . When such an application is rejected, the rejection must indicate the Special and temporary measures for the termination reasons and be communicated in writing to the per­ of service of officials of the European Communities son concerned.

However, requests made by officials of 60 years of Article 2 age or more for the termination of their service shall be granted automatically by the Commission. 1 . In order to deal with exceptional problems arising from the adoption of research programmes involving a reduction in the number of posts 3 . An official other than those in Grade A 1 or provided in the plan of staff paid from European A 2, whose name appears on the list provided for in Atomic Energy Community research and investment paragraph 2 must opt either for the application of funds, and problems arising from the accession of Article 3 or Article 4 within two months from the new Member States to the European Communities, date on which he was informed that his name had the Commission is hereby authorized until 31 been entered on the list. The appointing authority December 1973 and within the limit of the number of shall apply Article 3 where an official has not posts affected, to take measures to terminate the communicated his choice within this time limit. service, within the meaning of Article 47 of the Staff Regulations, of those of its officials who are paid from research and investment funds, under the 4. An official other than those in Grade A 1 or conditions laid down below. A 2, whose name appears on the list provided for in paragraph 2 may opt either for termination of service In exceptional cases, when the needs of the service as laid down in paragraph 1 or for non-active status. so require, this provision may be applied up to 30 If the latter, Article 41 (3 ), (4) and (5 ) of the Staff June 1974 . Regulations shall apply. An official who proposes to opt for non-active status shall declare his choice The same conditions shall apply when, in the within two months from the date on which he was interests of the service, the Commission exercises the informed that his name had been entered on the list; option provided for in Article 1 (2). in default, he shall forgo the right to opt.

2. The Commission shall determine which posts are to be affected by the measures provided for in 5 . The measures provided for in paragraph 1 are paragraph 1 . in no way disciplinary.

The Commission shall draw up a list of officials according to grade, affected by these measures after 6. Up to 30 June 1974, and without prejudice to consulting the Joint Committee, which shall accord a paragraph 4, the Commission shall not take any hearing to the official when he so requests. It shall decision in respect of officials to whom this take into account the interests of the service and take Regulation applies, to place on non-active status or to retire such official in the interests of the service into consideration the official's age, ability, efficiency, under the conditions laid down in Articles 41 and 50 conduct in the service, family circumstances and seniority. respectively of the Staff Regulations.

Notwithstanding Article 4 (2 and 3 ), and Articles 29 and 45 (2) of the Staff Regulations, an official whom Article 3 the Commission intends to include in the ^bovementioned list and who has not asked for his employment to be terminated may, at his own 1 . An official whose service is terminated pursuant request, be appointed to a vacant post of a to Article 2 ( 1 ) shall be entitled : corresponding grade that is not paid for from research and investment funds, provided always that ( a) for a period of one year, to a monthly allowance he possesses the necessary qualifications for such a equal to his last remuneration,

11 . 6 . 73 Official Journal of the European Communities No L 155 / 3

( b ) for a period fixed in accordance with the table in which he attained the age of 65 . The basic salary to paragraph 2, to a monthly allowance equal to : be taken into account when fixing the allowances provided for under this paragraph is that applicable — 80 % of his basic salary, for the 30 following on the first day of the month for which the allowance months ; is payable.

— 70 % of his basic salary thereafter. 2 . In order to determine on the basis of the official's age the period during which he shall receive the allowance provided for in paragraph 1 ( b), the Entitlement to that allowance shall cease not later coefficient fixed in the following table shall be than the day on which the official reaches the age of applied to the length of his service, including 65 . Where the official is entitled to the maximum continuous service as a member of the temporary or pension before the age of 65 , he may continue to auxiliary staff ; this period is rounded off, where receive the allowance until the end of the month in appropriate, to the earlier month.

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

23 22-5 33 37-5 43 52-5 53 67-5 63 82-5

24 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

28 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 calculated on the basis of the salary scale in force on shall be weighted, in accordance with the second the first day of the month for which the allowance is subparagraph of Article 82 ( 1 ) of the Staff payable. That remuneration shall be weighted as Regulations, for the Community country where the provided for in paragraph 3 . recipient provides proof of residence .

The official concerned shall provide any written proof If the recipient of that allowance resides outside the which may be required and shall notify the Community countries the weighting to be applied to Commission of any factor which may alter his right the allowance shall be that valid for Belgium . to payment.

The allowance shall be expressed in Belgian francs . It shall be paid in the currency of the country of 5 . All family allowances shall remain payable residence of the recipient. where the official receives the allowance provided for in paragraph 1 . Article 67 (2) of the Staff Allowances paid in a currency other than Belgian Regulations shall apply. francs shall be calculated at the exchange rate specified in the third subparagraph of Article 63 of the Staff Regulations . 6. The official shall be entitled, in respect of himself and persons covered by his insurance, to 4 . The income accruing to the official concerned social security benefits under the scheme laid down in from any new employment during the period Article 72 of the Staff Regulations, provided he pays specified in paragraph 1 (b) above shall be deducted the contribution calculated on the basis of the basic from the allowance provided for during that period, salary attaching to his grade and step or that in so far as that income plus that allowance exceeds proportion of it specified in paragraph 1 and he is the total remuneration last received by the official not covered against the same risks by another public

No L 155 /4 Official Journal of the European Communities 11 . 6 . 73

scheme. At the end of the period during which the longer entitled to the allowance provided for in official is entitled to the allowance, his contribution paragraph 1 may, on attaining the age of 55 , claim shall be calculated on the basis of the last monthly immediate payment of his retirement pension, allowance he receives . without any reduction thereof being made under Article 9 of Annex VIII of the Staff Regulations.

Where the official benefits from a pension under the In fixing the amount of the survivor's pension, to pension scheme provided for in the Staff Regulations which the widow of an official who has died during of Officials of the Communities, he shall, for the such period is entitled, the provisions of the second purposes of Article 72, be treated in the same way as subparagraph of Article 79 of the Staff Regulations an official who has remained in service until the age shall apply mutatis mutandis. of 60 .

7. During the period for which he is entitled to 8 . If, in application of these provisions, the official receive the allowance the official shall continue to is entitled to receive a pension before the age of 60, acquire further rights to retirement pension based on he shall be entitled to the family allowances provided the salary attaching to his grade and step, provided for in Article 67 of the Staff Regulations . that he pays the contributions provided for in the Staff Regulations during that period and provided that the total pension does not exceed the maximum 9 . In order to receive the resettlement allowance amount laid down in the second subparagraph of Article 77 of the Staff Regulations. For the purposes the official shall not be required to satisfy the condition of length of service laid down in the first of Article 5 of Annex VIII to the Staff Regulations and Article 108 of the former general Regulations of subparagraph of Article 6 ( 1 ) of Annex VII to the the ECSC such period shall be considered to be a Staff Regulations . period of service.

An official falling within the provisions of Article 10. For the purposes of Article 107 of the Staff 2 ( 1 ) shall receive a retirement pension amounting to Regulations and of Article 102 (2) of the Staff 35 % of his basic salary, if, under the provisions of Regulations of Officials of the European Coal and Steel Community, an official affected by measures the Staff Regulations and this Regulation, his pension is more than 30 % but less than 35 % ; where his provided for in Article 2 ( 1 ) shall be treated as an official to whom the provisions of Articles 41 and 50 pension under the provisions of the Staff Regulations and this Regulation is more than 20 % but less than of the Staff Regulations have been applied. 30 % , it shall be increased by 15 % .

If the official is reinstated in an institution of the Article 4 European Communities and ' thus acquires further pension rights, he shall cease during this further period of service to benefit from the provisions An official below the age of 55 on the day of his provided for in the first subparagraph above. termination of service , and entitled to the allowance However, for that part of the period referred to in provided for in Article 3 ( 1 ) ( b) during a period of at the first subparagraph which is not yet completed at least 18 months, who can prove regular attendance at the time of reinstatement, the official may request re-adaptation or retraining lectures or courses that both his contribution to the pension scheme and approved by the Commission may request that the his pension rights be calculated on the basis of the allowance paid him under the first indent of Article basic salary attaching to the grade and step reached 3 ( 1 ) ( b ) shall be equal to 100 % of his basic salary in his previous post. while he is attending such lectures or courses during a period not exceeding the first 12 months of the period referred to in Article 3 ( 1 ) (b). For the purposes of Article 77 of the Staff Regulations an official receiving the allowance provided for in paragraph 1 shall be treated as an However, where an amount paid in this way exceeds official removed from his post in the interests of the the amount resulting from the application of the first service . indent of Article 3 ( 1 ) (b ), the excess shall be recovered either by means of a proportional reduction An official who, at the time of termination of service, in the rate of the allowance, or by means of a refund has served a minimum of 10 years and who is no from the official concerned .

11.6.73 Official Journal of the European Communities No L 155 /5

Article 5 1 January 1962 held Grade A 1 or A 2 posts under the Staff Regulations of the European Coal and Steel Community, to whom the measures provided for in 1 . An official affected by the measures provided for in Article 2 ( 1 ) who has not completed 15 years' Article 2 ( 1 ) are supplied, may request that their remuneration be determined in accordance with the service may renounce irrevocably his pension rights. In this case he shall receive a grant fixed under the provisions of Article 34 of the Staff Regulations of conditions laid down in Article 12 of Annex VIII to the European Coal and Steel Community and Article the Staff Regulations . The provisions of Article 3 (7) 50 of the Rules and Regulations of the European Coal and Steel Community. and ( 8 ) and Article 6 of this Regulation shall not apply to him. 2. Officials who before 1 January 1962 held Grade For the purposes of Article 12 (c) of Annex VIII to A 1 or A 2 posts under the Staff Regulations of the the Staff Regulations, the actual length of service shall European Coal and Steel Community, to whom the include the period in which the official is entitled to termination of service arrangements provided for in the grant provided for in Articles 3 and 4 and, where Article 2 ( 1 ) are applied, may request that their appropriate, the extended period allowed him in remuneration be determined in accordance with the accordance with Article 3 ( 10). provisions of Article 42 of the Staff Regulations of the European Coal and Steel Community. 2. An official who proposes to opt for application of the provisions provided for in paragraph 1 must 3 . However, paragraphs 3 , 5 and 6, the 5th declare his choice within six months from the date of subparagraph of paragraph 7 and paragraph 8 of notification of the measure referred to in Article Article 2 shall continue to apply to the officials 2 ( 1 ); in default, he shall forgo the right to opt. referred to in this article . Any sums which may have been paid by way of pension to the application of the provisions of this CHAPTER III Article shall be deducted from the grant provided for in paragraph 1 . Final Provision

Article 6 Article 7 1 . The officials referred to in the last subparagraph of Article 2 of Regulation (EEC, Euratom, ECSC) No This Regulation shall enter into force on the day 259/ 68 (*) and in Article 102 (5 ) of the Staff following its publication in thc Official Journal of the Regulations, with the exception of those who before European Communities .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Luxembourg, 4 June 1973 .

For the Council

The President

R. VAN ELSLANDE

(!) OJ No L 56, 4. 3 . 1968, p. 1 .