Avis juridique important

Council Regulation (EC, Euratom, ECSC) No 2963/95 of 18 December 1995 adjusting the remuneration and pensions of officials and other servants of the European Communities and the weightings applied thereto Official Journal L 310 , 22/12/1995 P. 0001 - 0004

COUNCIL REGULATION (EC, EURATOM, ECSC) No 2963/95 of 18 December 1995 adjusting the remuneration and pensions of officials and other servants of the European Communities and the weightings applied thereto THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing a Single Council and a Single Commission of the European Communities, Having regard to the Protocol on the Privileges and Immunities of the European Communities, and in particular Article 13 thereof, Having regard to the Staff Regulations of officials and the conditions of employment of other servants of the European Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68 (1), as last amended by Regulation (ECSC, EC, Euratom) No 3161/94 (2), and in particular Articles 63, 64, 65, 65a and 82 of the Staff Regulations, Annex XI to the Staff Regulations, and the first paragraph of Article 20 and Article 64 of the Conditions of Employment, Having regard to the proposal from the Commission, Whereas a review of the remuneration of officials and other servants carried out on the basis of a report by the Commission has shown that the remuneration and pensions of officials and other servants of the Communities should be adjusted under the 1995 annual review; Whereas, in accordance with Annex XI to the Staff Regulations, the annual adjustment in respect of 1996 will entail the establishment before 31 December 1996 of new weightings with retroactive effect from 1 July 1996; Whereas these new weightings could lead to retroactive adjustments to remuneration and pensions (positive or negative) in respect of the period of 1996 for which payment has already been made on the basis of this Regulation; Whereas provision should therefore be made for the payment of arrears in the event of an upward adjustment as a result of these weightings or for the recovery of sums overpaid in the event of a downward adjustment for the period between the date of application and the date of entry into force of the Council Decision on the annual adjustment in respect of 1996; Whereas provision should be made for the effects of any such recovery to be spread over a period of not more than twelve months from the date of entry into force of the Council Decision on the annual adjustment in respect of 1996, HAS ADOPTED THIS REGULATION: Article 1 With effect from 1 July 1995: (a) the table of basic monthly salaries in Article 66 of the Staff Regulations shall be replaced by the following: >TABLE> (b) - Bfrs 6 267 shall be replaced by Bfrs 6 336 in Article 1 (1) of Annex VII to the Staff Regulations, - Bfrs 8 071 shall be replaced by Bfrs 8 160 in Article 2 (1) of Annex VII to the Staff Regulations, - Bfrs 14 419 shall be replaced by Bfrs 14 578 in the second sentence of Article 69 of the Staff Regulations and in the second subparagraph of Article 4 (1) of Annex VII thereto, - Bfrs 7 213 shall be replaced by Bfrs 7 292 in the first paragraph of Article 3 of Annex VII to the Staff Regulations. Article 2 With effect from 1 July 1995: the table of basic monthly salaries in Article 63 of the conditions of employment of other servants is replaced by the following: >TABLE> Article 3 With effect from 1 July 1995 the fixed allowance referred to in Article 4a of Annex VII to the Staff Regulations shall be: - Bfrs 3 803 per month for officials in Grade C4 or C5, - Bfrs 5 830 per month for officials in Grade C1, C2 or C3. Article 4 Pensions for which entitlement has accrued by 1 July 1995 shall be calculated from that date by reference to the table of basic monthly salaries laid down in Article 66 of the Staff Regulations, as amended by Article 1 (a) of this Regulation. Article 5 With effect from 1 July 1995, the date '1 July 1994` in the second paragraph of Article 63 of the Staff Regulations shall be replaced by '1 July 1995`. Article 6 1. With effect from 1 July 1995, the weightings applicable to the remuneration of officials and other servants employed in the countries and places listed below shall be as follows: >TABLE> 2. In accordance with Annex XI to the Staff Regulations these weightings could be adjusted by a Council Regulation by 31 December 1996 at the latest establishing new weightings with effect from 1 July 1996. In this event the institutions shall make the corresponding positive or negative adjustment to the remuneration and pensions of the officials, former officials and other persons concerned with retroactive effect for the period between the date of application and the date of entry into force of the decision on the 1996 adjustment. If this retroactive adjustment necessitates the recovery of sums overpaid, such recovery may be spread over a period of not more than twelve months from the date of entry into force of the decision on the 1996 annual adjustment. 3. The weightings applicable to pensions shall be determined in accordance with Article 82 (1) of the Staff Regulations. Articles 3 to 10 of Council Regulation (ECSC, EEC, Euratom) No 2175/88 (1) shall remain in force. Article 7 With effect from 1 July 1995, the table in Article 10 (1) of Annex VII to the Staff Regulations shall be replaced by the following: >TABLE> Article 8 With effect from 1 July 1995, the allowances for shiftwork laid down in Article 1 of Council Regulation (ECSC, EEC, Euratom) No 300/76 (2) shall be Bfrs 11 023, Bfrs 16 637, Bfrs 18 191 and Bfrs 24 801. Article 9 With effect from 1 July 1995, the amounts in Article 4 of Council Regulation (EEC, Euratom, ECSC) No 260/68 (3) shall be subject to a weighting of 3,944527. Article 10 This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 18 December 1995. For the Council The President J. BORRELL FONTELLES

COUNCIL REGULATION (EC, EURATOM, ECSC) No 2963/95 of 18 December 1995 adjusting the remuneration and pensions of officials and other servants of the European Communities and the weightings applied thereto

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing a Single Council and a Single Commission of the European Communities,

Having regard to the Protocol on the Privileges and Immunities of the European Communities, and in particular Article 13 thereof,

Having regard to the Staff Regulations of officials and the conditions of employment of other servants of the European Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68 (1), as last amended by Regulation (ECSC, EC, Euratom) No 3161/94 (2), and in particular Articles 63, 64, 65, 65a and 82 of the Staff Regulations, Annex XI to the Staff Regulations, and the first paragraph of Article 20 and Article 64 of the Conditions of Employment,

Having regard to the proposal from the Commission,

Whereas a review of the remuneration of officials and other servants carried out on the basis of a report by the Commission has shown that the remuneration and pensions of officials and other servants of the Communities should be adjusted under the 1995 annual review;

Whereas, in accordance with Annex XI to the Staff Regulations, the annual adjustment in respect of 1996 will entail the establishment before 31 December 1996 of new weightings with retroactive effect from 1 July 1996;

Whereas these new weightings could lead to retroactive adjustments to remuneration and pensions (positive or negative) in respect of the period of 1996 for which payment has already been made on the basis of this Regulation;

Whereas provision should therefore be made for the payment of arrears in the event of an upward adjustment as a result of these weightings or for the recovery of sums overpaid in the event of a downward adjustment for the period between the date of application and the date of entry into force of the Council Decision on the annual adjustment in respect of 1996;

Whereas provision should be made for the effects of any such recovery to be spread over a period of not more than twelve months from the date of entry into force of the Council Decision on the annual adjustment in respect of 1996,

HAS ADOPTED THIS REGULATION:

With effect from 1 July 1995:

(a) the table of basic monthly salaries in Article 66 of the Staff Regulations shall be replaced by the following:

>TABLE>

(b) - Bfrs 6 267 shall be replaced by Bfrs 6 336 in Article 1 (1) of Annex VII to the Staff Regulations,

- Bfrs 8 071 shall be replaced by Bfrs 8 160 in Article 2 (1) of Annex VII to the Staff Regulations,

- Bfrs 14 419 shall be replaced by Bfrs 14 578 in the second sentence of Article 69 of the Staff Regulations and in the second subparagraph of Article 4 (1) of Annex VII thereto,

- Bfrs 7 213 shall be replaced by Bfrs 7 292 in the first paragraph of Article 3 of Annex VII to the Staff Regulations.

Article 2

With effect from 1 July 1995:

the table of basic monthly salaries in Article 63 of the conditions of employment of other servants is replaced by the following:

>TABLE>

With effect from 1 July 1995 the fixed allowance referred to in Article 4a of Annex VII to the Staff Regulations shall be:

- Bfrs 3 803 per month for officials in Grade C4 or C5,

- Bfrs 5 830 per month for officials in Grade C1, C2 or C3.

Article 4

Pensions for which entitlement has accrued by 1 July 1995 shall be calculated from that date by reference to the table of basic monthly salaries laid down in Article 66 of the Staff Regulations, as amended by Article 1 (a) of this Regulation.

Article 5

With effect from 1 July 1995, the date '1 July 1994` in the second paragraph of Article 63 of the Staff Regulations shall be replaced by '1 July 1995`.

Article 6

1. With effect from 1 July 1995, the weightings applicable to the remuneration of officials and other servants employed in the countries and places listed below shall be as follows:

>TABLE>

2. In accordance with Annex XI to the Staff Regulations these weightings could be adjusted by a Council Regulation by 31 December 1996 at the latest establishing new weightings with effect from 1 July 1996. In this event the institutions shall make the corresponding positive or negative adjustment to the remuneration and pensions of the officials, former officials and other persons concerned with retroactive effect for the period between the date of application and the date of entry into force of the decision on the 1996 adjustment.

If this retroactive adjustment necessitates the recovery of sums overpaid, such recovery may be spread over a period of not more than twelve months from the date of entry into force of the decision on the 1996 annual adjustment.

3. The weightings applicable to pensions shall be determined in accordance with Article 82 (1) of the Staff Regulations. Articles 3 to 10 of Council Regulation (ECSC, EEC, Euratom) No 2175/88 (1) shall remain in force.

Article 7

With effect from 1 July 1995, the table in Article 10 (1) of Annex VII to the Staff Regulations shall be replaced by the following:

>TABLE>

Article 8

With effect from 1 July 1995, the allowances for shiftwork laid down in Article 1 of Council Regulation (ECSC, EEC, Euratom) No 300/76 (2) shall be Bfrs 11 023, Bfrs 16 637, Bfrs 18 191 and Bfrs 24 801.

Article 9

With effect from 1 July 1995, the amounts in Article 4 of Council Regulation (EEC, Euratom, ECSC) No 260/68 (3) shall be subject to a weighting of 3,944527.

Article 10

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.

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

Done at Brussels, 18 December 1995.

For the Council

The President

J. BORRELL FONTELLES