Proposal for a Council Regulation (EC, ECSC, Euratom) amending Regulation (Euratom, ECSC, EEC) No 549/69 determining the categories of officials and other servants of the European Communities to whom the provisions of Article 12, the second paragraph of Article 13 and Article 14 of the Protocol on the Privileges and Immunities of the Communities apply

Proposal for a Council Regulation (Euratom, ECSC, EC) amending Regulation (Euratom, ECSC, EEC) No 549/69 determining the categories of officials and other servants of the European Communities to whom the provisions of Article 12, the second paragraph of Article 13 and Article 14 of the Protocol on the Privileges and Immunities of the Community apply (98/C 118/10) COM(97) 725 final - 98/0059(CNS)

(Submitted by the Commission on 20 February 1998)

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 16 and Article 23 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of the European Monetary Institute,

Having regard to the opinion of the Court of Justice,

Having regard to the opinion of the Court of Auditors,

(1) Whereas the European Central Bank, hereafter referred to as 'the ECB`, will be established as soon as its Executive Board is appointed;

(2) Whereas it is appropriate to extend to the European Central Bank the application of Council Regulation (Euratom, ECSC, EEC) No 549/69 determining the categories of officials and other servants of the European Communities to whom certain provisions of the Protocol on the Privileges and Immunities of the Communities apply, in order to ensure that the members of the staff of the European Central Bank, in view of their duties and responsibilities and of their particular situation, benefit from the same privileges, immunities and facilities,

HAS ADOPTED THE FOLLOWING REGULATION:

Article 1

Article 4a of Regulation (Euratom, ECSC, EEC) No 549/69 is replaced by the following text:

'Article 4a

Without prejudice to Article 23 of the Protocol on Privileges and Immunities of the European Communities with regard to the members of the Governing Council and of the General Council of the European Central Bank, the privileges and immunities provided for in Article 12, in the second paragraph of Article 13 and in Article 14 of the Protocol shall apply under the same conditions and within the same limits as those laid down in Articles 1, 2 and 3 of this Regulation to:

- staff of the European Central Bank,

- persons receiving disability, retirement or survivors' pensions paid by the European Central Bank.`

Article 2

This Regulation shall enter into force on the day on which the establishment of the European Central Bank becomes effective.

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