52004PC0253(03)

Proposal for a COUNCIL REGULATION amending Regulation (ECSC, EEC, Euratom) No 300/76 determining the categories of officials entitled to allowances for shiftwork, and the rates and conditions thereof

(presented by the Commission)

EXPLANATORY MEMORANDUM

Council Regulation (EC) n° ...../2004 of 22 April 2004, amended Regulation (EEC, EURATOM, ECSC) n° 259/68 laying down the Staff Regulations of officials and the conditions of employment of other servants of the European Communities.

It is therefore necessary to modify Council Regulation (ECSC, EEC, Euratom) n° 300/76 of 9 February 1976 relating to Article 56 (a) of the Staff Regulations, determining the categories of officials entitled to allowances for shiftwork, and the rates and conditions thereof, in order to adapt it to the new Staff Regulations as from 1 May 2004.

As from this date, the reference in Article 2 to the previous Article 100 of the Staff Regulations must be replaced by a reference to the new Article 56 (c) and the implementation of the Regulation needs to be extended to the new category of contract agents (Article 3).

Proposal for a COUNCIL REGULATION amending Regulation (ECSC, EEC, Euratom) No 300/76 determining the categories of officials entitled to allowances for shiftwork, and the rates and conditions thereof

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Staff Regulations of Officials and the Conditions of Employment of other servants of the European Communities laid down in Regulation (EEC, Euratom, ECSC) No 259/68 [1], and in particular the second paragraph of Article 56a of the Staff Regulations,

[1] OJ L 56, 4.3.1968, p.1. Regulation as last amended by Regulation (EC, Euratom) No ... of ... 2004.

Having regard to the proposal from the Commission submitted after consulting the Staff Regulations Committee,

Whereas Council Regulation (ECSC, EEC, Euratom) No 300/76 of 9 February 1976 determining the categories of officials entitled to allowances for shiftwork, and the rates and conditions thereof [2] must be amended in order to bring it into line with the new Staff Regulations,

[2] OJ L 38, 13.2.1976, p. 1. Regulation as last amended by Regulation (EC, ECSC, Euratom) No 2461/98 (OJ L 307, 17.11.1998, p. 5).

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (ECSC, EEC, Euratom) No 300/76 is hereby amended as follows:

1. Article 2 is replaced by the following:

"Article 2

An official who is entitled to payment of the allowance provided for in Article 1 may receive the allowances for particularly arduous work provided for in Article 56c of the Staff Regulations only up to a maximum of 600 points, to be determined in accordance with Regulation ... (4).

(4) OJ L ..., ...2004, p. ..."

2. Article 3 is replaced by the following:

"Article 3

This Regulation shall apply by analogy to temporary, auxiliary and contract staff."

Article 2

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

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

Done at Brussels,

For the Council

The President