Explanatory Memorandum to COM(1998)312 - Amendment of Regulation (EEC, Euratom, ECSC) No 259/68 laying down the staff regulations of officials of the EC and the conditions of employment of other servants of the EC

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51998PC0312

Proposal for a Council Regulation (EC) amending Regulation (EEC, Euratom, ECSC) No 259/68 laying down the staff regulations of officials of the European Communities and the conditions of employment of other servants of the Communities /* COM/98/0312 final - CNS 98/0176 */

Official Journal C 179 , 11/06/1998 P. 0016


Proposal for a Council Regulation (EC) amending Regulation (EEC, Euratom, ECSC) No 259/68 laying down the Staff Regulations of Officials of the European Communities and the Conditions of Employment of Other Servants of the Communities (98/C 179/07) COM(1998) 312 final - 98/0176(CNS)

(Submitted by the Commission on 18 May 1998)

THE COUNCIL OF THE EUROPEAN UNION,

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 from the Commission, made after consulting the Staff Regulations Committee;

Having regard to the Opinion of the European Parliament;

Having regard to the Opinion of the Court of Justice;

Having regard to the Opinion of the Court of Auditors;

Whereas the European Parliament's rules of procedure allow Members to engage one or more persons to assist them in the exercise of the functions conferred on them by the Treaties;

Whereas the assistants exercise functions in identical conditions, which warrants their appointment as auxiliary staff pursuant to Article 3 of the Conditions of Employment of Other Servants;

Whereas, in view of the specific functions exercised by Parliamentary assistants and the autonomy of Members of the European Parliament to determine the number of assistants to be recruited and their remuneration, by reference to the secretarial allowance to which they are entitled, they should be subject to specific rules on grading, duration of engagement and level of remuneration on the basis of internal rules to be laid down by Parliament;

Whereas a new Article should accordingly be inserted in Title III of the Conditions of Employment of Other Servants,

HAS ADOPTED THIS REGULATION:


Article 1

The following new point (c) is inserted in Article 3 of the Conditions of Employment of Other Servants of the Communities:

'(c) staff engaged to act as assistants to one or more Members of the European Parliament for the duration of their term of office;`.


Article 2

The following Article is inserted after Article 78 of the Conditions of Employment of Other Servants:

'Article 78 a

By way of derogation from the provisions of this Title, the conditions and duration of recruitment and the level of remuneration of Parliamentary assistants engaged as auxiliary staff to perform services for one or more Members of the European Parliament shall be determined by the general implementing provisions adopted by the European Parliament.

The budgetary authorities shall be notified of the general implementing provisions determining the level of remuneration, and of any amendments thereto, no later than one month before they enter into force.`


Article 3

This Regulation shall enter into force and take effect 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.