COUNCIL REGULATION (EEC, EURATOM, ECSC) No 160/80 of 21 January 1980 amending the Staff Regulations of officials and the conditions of employment of other servants of the European Communities

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 proposal made by the Commission after consulting the Staff Regulations Committee (1),

Having regard to the opinion of the European Parliament (2),

Having regard to the opinion of the Court of Justice (3),

Whereas Regulation (EEC, Euratom, ECSC) No 259/68 (4), as last amended by Regulation (Euratom, ECSC, EEC) No 3085/78 (5), lays down in Article 2 the Staff Regulations of officials of the European Communities and in Article 3 the conditions of employment of other servants ; whereas it is for the Council, acting by a qualified majority on a proposal from the Commission after consulting the other institutions concerned, to amend them;

Whereas it has been found that unintended increases in remuneration resulted from the manner in which the 157 78 % weighting was incorporated in the basic salary scales, as decided in December 1976, with effect from 1 January 1977 in accordance with the method for adjusting amounts due, adopted on 29 June 1976;

Whereas this situation should be rectified by adjusting the basic salary scales and by accompanying this corrective measure by transitional measures aimed at gradually absorbing these increases without the amounts actually paid being reduced,

HAS ADOPTED THIS REGULATION:

Article 1

The table of basic monthly salaries in Article 66 of the Staff Regulations and Articles 20 and 63 of the conditions of employment, as determined by Articles 1 (a) and 2 of Regulation (Euratom, ECSC, EEC) No 3084/78 (6), are replaced by the tables in Annexes I, II and III.

Article 2

1. In the case of officials or other servants as well as persons entitled to a pension or allowance under Article 50 of the Staff Regulations, Article 5 of Regulation (EEC, Euratom, ECSC) No 259/68, Article 3 of Regulation (Euratom, ECSC, EEC) No 2530/72 (7) or Article 3 of Regulation (ECSC, EEC, Euratom) No 1543/73 (8), whose entitlements are reduced by reason of Article 1 of this Regulation: (a) no part of the amounts paid during the period between 1 July 1979 and the date on which this Regulation enters into force shall be required to be repaid;

(b) as a transitional measure, the amounts payable to the persons concerned after the date of entry into force of this Regulation shall be calculated each month by reference to the remuneration paid on 30 June 1979 on the basis of their grade and step and their circumstances as to dependants for the month in question ; such calculation shall also take into account any new factor justifying new or changed entitlements ; where new weightings are fixed after 30 June 1979, the weighting to apply to the sums referred to in this paragraph shall be that part of the weighting corresponding to the increase in the cost of living for the official's place of employment or the place of residence of the (1)OJ No C 191, 30.7.1979, p. 5. (2)Opinion delivered on 18 January 1980 (not yet published in the Official Journal). (3)Opinion delivered on 11 July 1979. (4)OJ No L 56, 4.3.1968, p. 1. (5)OJ No L 369, 29.12.1978, p. 6. (6)OJ No L 369, 29.12.1978, p. 1. (7)OJ No L 272, 5.12.1972, p. 1. (8)OJ No L 155, 11.6.1973, p. 1.

recipient of the pension or allowance less that part of the weighting corresponding to the increase in the cost of living for the Member State where such increase is lowest;

(c) allowances calculated by reference to the basic salary tables which are paid as a lump sum and are exempt from Community tax shall continue to be determined by reference to the salary tables in force on 30 June 1979 as long as the allowances calculated on the basis of such tables are higher than the corresponding allowances calculated on the basis of the tables referred to in Article 1.

2. The rules for the calculation of salaries defined at 1 (b) shall cease to apply: - from the month in which calculation based on the basic salary tables contained in this Regulation produces, for the person concerned, a sum at least equal to that calculated on the basis of the tables in force on 30 June 1979,

- or six years from entry into force of this Regulation, whichever shall be the earlier.

3. However, where a retirement or invalidity pension becomes payable to an official or other servant to whom the first indent of paragraph 2 has been applied before he leaves the service and to whom application of the tables in force on 30 June 1979 would have given a net pension higher than the net amount obtained from the tables that entered into force on 1 July 1979, the amount to be paid shall be calculated in the manner prescribed by paragraph 1 (b). The same shall apply to survivor's pensions paid to persons entitled under an official or other servant to whom the first indent of paragraph 2 was applied before his death.

4. Paragraph 1 (b) and (c) shall not apply to officials and other servants recruited after the entry into force of this Regulation.

Article 3

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

It shall apply from 1 July 1979.

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

Done at Brussels, 21 January 1980.

For the Council

The President

G. MARCORA

ANNEX I

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ANNEX II

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ANNEX III

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