The Staff Regulations of Officials of the European Communities provided for in Article 2 of this Regulation shall be substituted for the Staff Regulations of Officials of the European Economic Community and the European Atomic Energy Community and also the Staff Regulations of Officials of the European Coal and Steel Community.
Regulation (EEC, Euratom, ECSC) No 259/68 of the Council of 29 February 1968 laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities and instituting special measures temporarily applicable to officials of the Commission
Regulation (EEC, Euratom, ECSC) No 259/68 of the Council of 29 February 1968 laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities and instituting special measures temporarily applicable to officials of the Commission
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing a Single Council and a Single Commission of the European Communities, and in particular Article 24 thereof;
Having regard to the Protocol on the Privileges and Immunities of the European Communities, and in particular Article 7 and Articles 12 to 16 thereof;
Having regard to the task assigned to the Commission under Annex I to the Final Act of the Conference held in Brussels on 8 April 1965 for signature of the Treaty establishing a Single Council and a Single Commission of the European Communities;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the European Parliament(1);
Having regard to the Opinion of the Court of Justice;
Whereas it is for the Council, acting by a qualified majority on a proposal from the Commission after consulting the other institutions concerned, to lay down the Staff Regulations of officials and the Conditions of Employment of other servants of the European Communities;
Whereas the Staff Regulations and Conditions of Employment should be such as to secure for the Communities the services of officials and servants of the highest standard of independence, ability, efficiency and integrity, recruited on the broadest possible geographical basis from among nationals of Member States of the Communities, and at the same time to enable those officials and servants to discharge their duties in conditions which will ensure maximum efficiency;
HAS ADOPTED THIS REGULATION:
CHAPTER I Staff Regulations of Officials and Conditions of Employment of other Servants of the European Communities
Article 1
The Conditions of Employment of Other Servants of the European Communities provided for in Article 3 of this Regulation shall be substituted for the Conditions of Employment of Other Servants of the European Economic Community and the European Atomic Energy Community and also the Conditions of Employment of Other Servants of the European Coal and Steel Community.
Article 2
The Staff Regulations of Officials of the European Communities shall be as contained in the Staff Regulations of Officials of the European Economic Community and the European Atomic Energy Community(2) applicable on the entry into force of this Regulation, subject to the following amendments:
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The title ‘Staff Regulations of Officials of the European Communities’ shall be substituted for ‘Staff Regulations of Officials of the European Economic Community and the European Atomic Energy Community’.
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Article 7
In the second subparagraph of paragraph 2, after ‘the Treaties establishing the Communities’, the words for the Treaty establishing a Single Council and a Single Commission ‘of.the European Communities’ shall be inserted.
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Article 10
In the second paragraph the following sentence shall be inserted after the first sentence: ‘The Committee shall be consulted by the Commission on any proposal for the revision of the Staff Regulations; it shall make known its opinion within such period as may be set by the Commission’.
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Articles 17 and 18
The words ‘work of the Communities’ and ‘property of the Community to whose activities such writings or work relate’ shall respectively be substituted for ‘work of the Community which he serves’ and ‘property of the Community which he serves’.
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Article 23
The words ‘to the Protocol on’ and ‘in the Protocol on’ shall respectively be substituted for ‘to the Protocols on’ and ‘in the Protocols on’.
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Article 24
In the first paragraph the words ‘The Communities shall assist any official’ shall be substituted for ‘Each Community shall assist any official in its service’.
In the second paragraph the words ‘They shall jointly and severally compensate’ shall be substituted for ‘It shall compensate’.
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Article 63
In the first paragraph the words ‘in Belgian francs’ shall be substituted for ‘in the currency of the country where the Community which he serves has its provisional seat’.
In the third paragraph the words ‘Belgian francs’ shall be substituted for ‘that of the country where the Community which he serves has its provisional seat’.
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Article 64
In the first paragraph the words ‘in Belgian francs’ shall be substituted for ‘in the currency of the country where the Community which he serves has its provisional seat’.
In the second paragraph the words ‘the Council’ and ‘on a proposal from the Commission’ shall respectively be substituted for ‘agreement between the Councils’ and ‘on proposals from the Commissions’.
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Article 65
In the first subparagraph of paragraph 1 the words ‘Council’ and ‘Commission’ shall respectively be substituted for ‘Councils’ and ‘Commissions’.
In the second subparagraph of paragraph 1 the word ‘Council’ shall be substituted for ‘Councils’.
In paragraph 2 the words ‘the Council shall decide within two months’ shall be substituted for ‘the Councils shall decide by agreement, within two months’.
In paragraph 3 the words ‘Council’ and ‘on a proposal from the Commission’ shall respectively be substituted for ‘Councils’ and ‘on proposals from the Commissions’.
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Article 82
In paragraph 2 the words ‘Council’ and ‘it’ shall be substituted for ‘Councils’ and ‘they’.
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Article 83
In paragraph 1 a second subparagraph shall be inserted, worded as follows:
‘The employment of the funds for the pension scheme referred to in Article 83 (1) of the former Staff Regulations of the European Coal and Steel Community shall be decided upon by the Council acting by a qualified majority on a proposal from the Commission after consulting the Staff Regulations Committee.’
In paragraph 4 the word ‘Council’ shall be substituted for ‘Councils’.
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Article 91
In paragraph 1 the words ‘the Communities’ shall be substituted for ‘one of the Communities’.
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Title VIII
In the heading the word ‘Communities’ shall be substituted for ‘European Atomic Energy Community’.
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Article 92
In the first paragraph the word ‘Communities’ shall be substituted for ‘European Atomic Energy Community’.
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Articles 93, 95, 99, and 100
In these Articles the words ‘Council’ and ‘Commission’ shall respectively be substituted for ‘Council of the European Atomic Energy Community’ and ‘Commission of the European Atomic Energy Community’.
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Article 95
In the first paragraph the words ‘Until 31 December 1968’ shall be substituted for ‘For a period of six years from the date of entry into force of these Staff Regulations’.
In the second paragraph the words ‘For the period following that date’ shall be substituted for ‘At the end of this period’.
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Article 107
In paragraph 3 the words ‘to the Communities’ and by the Communities shall respectively be substituted for ‘to the Community’ which he serves' and ‘by the Community’.
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Annex I B
In the title the word ‘Communities’ shall be substituted for ‘European Atomic Energy Community’.
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Annex III - Article 1
In paragraph 1 (a) the words ‘competition internal to the Communities’ shall be substituted for ‘competition internal to a single Community or to all three European Communities’.
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Annex VII - Articles 4a, 14a and 14b
The word ‘Council’ shall be substituted for ‘Councils’.
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Annex VII - Article 13, and Annex VIII - Articles 11, 12 and 13
The words ‘the Communities’ shall be substituted for ‘the Community which he serves’.
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Annex VIII - Articles 11 and 46
The words ‘the Communities’ shall be substituted in Article 11 for ‘one of the Communities’ and in Article 46 for ‘any of the Communities’.
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Annex VIII - Article 12a
After Article 12 there shall be inserted an Article 12a, worded as follows:
‘Article 12a
An official who leaves the service before 1 July 1969 after serving less than eleven years but who is entitled to a retirement pension may opt to take the pension or a severance grant calculated in accordance with the provisions of Article 12 (a) to (d).’
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‘ Annex VIII - Article 45
In the second paragraph the words ‘on behalf of the Communities’ shall be substituted for ‘on behalf of the Communitiy which the official served’.
In the fourth paragraph the word ‘Communities’ shall be substituted for ‘Community’.
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Annex VIII - Article 47
The following shall be substituted for the text of Article 47:
‘Where the invalidity or death of an official is caused by a third party the rights of action of the official or of those entitled under him against the third party shall vest in the Communities within the limits of their obligations under the pension scheme.’
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Annex VIII - Article 51
The word ‘Communities’ shall be substituted for ‘Community which he served’.
The Staff Regulations as defined in the first paragraph and also such implementing regulations made by the Councils of the European Economic Community and the European Atomic Energy Community or by the Council of the European Communities as are applicable on the entry into force of this Regulation shall automatically apply to officials, former officials and those entitled under them to whom, before the entry into force this Regulation, the Staff Regulations of Officials of the European Economic Community and the European Atomic Energy Community or the Staff Regulations of Officials of the European Coal and Steel Community applied.
Articles 93 to 105 of the Staff Regulations of Officials of the European Coal and Steel Community shall remain applicable to those officials to whom Article 92 of those Staff Regulations remains applicable on the entry into force of this Regulation.
Article 3
The Conditions of Employment of Other Servants of the European Communities shall be determined by the provisions of the Conditions of Employment of Other Servants of the European Economic Community and the European Atomic Energy Community(3) applicable on the entry into force of this Regulation, subject to the following amendments:
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Article 1
The words ‘the Communities’ shall be substituted for ‘any of the Communities’.
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Article 2
In subparagraph (c), after ‘the Treaties establishing the Communities’, the words ‘or the Treaty establishing a Single Council and a Single Commission of the European Communities’ shall be inserted.
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Article 5
The words ‘one of the institutions of the Communities’ shall be substituted for ‘one of the Communities’.
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Articles 10. 94 and 95
The words ‘the Commission’ shall be substituted for ‘the Commission of the European Atomic Energy Community’.
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Articles 33 and 40
The words ‘the Communities’ shall be substituted for ‘any of the three European Communities’.
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Article 42
In the second paragraph the words ‘the budget of the Communities’ shall be substituted for ‘the budget of the Community out of which his salary is paid’.
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Articles 43 and 48
The words ‘the Communities’ shall be substituted for ‘the Community which employed the servant’ and ‘the Community which he serves’.
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Articles 70 and 98
The words ‘the Communities’ shall be substituted in Article 70 for ‘one or other of the three European Communities’ and in Article 98 for ‘one of:he three European Communities’.
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Article 87
In the second paragraph the word ‘Communities’ shall be substituted for ‘Community’.
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Articles 94 and 95
The words ‘the Council’ shall be substituted for ‘the Council of the European Atomic Energy Community’.
The Conditions of Employment as defined in the first paragraph and also such implementing regulations made by the Councils of the European Economic Community and the European Atomic Energy Community or by the Council of the European Communities as are applicable on the entry into force of this Regulation shall automatically apply to other servants, former other servants and those entitled under them to whom, before the entry into force of this Regulation, the Conditions of Employment of Other Servants of the European Economic Community and the European Atomic Energy Community applied.