Proposal for a Council Regulation (ECSC, EC, Euratom) amending Regulation (EEC, Euratom, ECSC) No 259/68 laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities, and the other Regulations applicable to them with regard to the establishment of remuneration, pensions and other financial entitlements in euros (98/C 192/06) COM(1998) 324 final - 98/0190(CNS)

(Submitted by the Commission in accordance with Article 24 of the Treaty establishing a single Council and a single Commission of the European Communities on 20 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(1) thereof,

Having regard to the Treaty establishing the European Community, and in particular the third sentence of Article 1091(4) and Article 235 thereof,

Having regard to Council Regulation (EC) No 1103/97 of 17 June 1997 on certain provisions relating to the introduction of the euro (1),

Having regard to Regulation (EC) No . ./98 (2) on the introduction of the euro,

Having regard to the proposal from the Commission presented 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 euro will be the currency of the Member States adopting the euro as from 1 January 1999; whereas the monetary unit is the euro; whereas one euro will be divided into one hundred cents; whereas for a transitional period the euro will also be divided into national currency units,

Whereas, in the Member States which have adopted the euro, the remuneration, pensions and other financial entitlement of officials and other servants of the Communities should be established in euro as from 1 January 1999,

Whereas the purchasing power of these financial entitlements must not be affected by this amending Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

In the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities (3) and the other Regulations applicable to them, the term 'Belgian francs` is replaced by the term 'euro` and amounts expressed in Belgian francs are replaced by their equivalent in euro units at the conversion rate.

The rules relating to the rounding of amounts laid down in Regulation (EC) No 1103/97 shall apply.

Article 2

In Article 16(1) of Annex VII to the Staff Regulations the term 'Belgian franc` is replaced by 'cent`.

Article 3

For conversion of the basic monthly salaries set out in Article 66 of the Staff Regulations and Article 63 of the Conditions of Employment of Other Servants, the first step and the difference between the first and second steps of each grade shall be calculated by straight application of the conversion rate. The other steps shall be obtained by adding this difference to the preceding step.

Article 4

With effect from 1 January 1999, the date referred to in the second paragraph of Article 63 of the Staff Regulations shall be replaced by '1 January 1999`.

The new weightings shall consequently be fixed on the basis of the ratio between the economic parities in force and the new exchange rates as referred to in Article 63 of the Staff Regulations, both expressed in euro.

At the time of the annual review of remuneration to take effect on 1 July 1999, the date specified in the second paragraph of Article 63 of the Staff Regulations shall be replaced by 1 July 1999.

Article 5

As from 1 January 1999, the weightings in force in non-Community countries shall also be recalculated on the basis of the ratio between the economic parities in force and the corresponding new exchange rates in force on 1 January 1999 expressed in euro. When weightings taking effect after 1 January 1999 are adjusted, the corresponding exchange rate shall be that for the month preceding the date of application.

Article 6

In Council Regulations (Euratom, ECSC, EEC) No 2530/72 (4), (ECSC, EEC, Euratom) Nos 1543/73 (5), 2150/82 (6), 1679/85 (7) and 3518/85 (8), (Euratom, ECSC, EEC) No 2274/87 (9), (EEC) No 1857/89 (10) and (EC, Euratom, ECSC) Nos 2688/95 (11) and 2689/95 (12), the term 'Belgian francs` is replaced by the term 'euro` and amounts expressed in Belgian francs are replaced by their equivalent in euro units at the conversion rate.

The rules relating to the rounding of amounts laid down in Regulation (EC) No 1103/97 shall apply.

Article 7

On 1 January 1999, pursuant to this Regulation, the Commission shall effect the conversion into euro of the amounts of the different financial entitlements referred to in the Staff Regulations and the conditions of employment of other servants and the adjustment of the weightings to correct the effect of the change in exchange rates; these values shall be published in the Official Journal of the European Communities in January 1999.

Article 8

Amounts due under the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities and the other Regulations applicable to them in respect of entitlements arising from events or in respect of periods predating this Regulation shall continue to be determined in accordance with the rules applicable before this date.

Article 9

This Regulation shall enter into force on . . .

It shall be applicable from 1 January 1999.

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

(1) OJ L 162, 19.6.1997, p. 1.

(2) European Council Resolution of 7 July 1997 (OJ C 236, 2.8.1997, p. 7).

(3) Regulation (EEC, Euratom, ECSC) No 259/68, as last amended by Regulation (EC) No . . ./98 (OJ L . . ., . . .).

(4) OJ L 272, 5.12.1972, p. 1.

(5) OJ L 155, 11.6.1973, p. 1.

(6) OJ L 228, 4.8.1982, p. 1.

(7) OJ L 162, 21.6.1985, p. 1.

(8) OJ L 335, 13.12.1985, p. 56.

(9) OJ L 209, 31.7.1987, p. 1.

(10) OJ L 181, 28.6.1989, p. 2.

(11) OJ L 280, 23.11.1995, p. 1.

(12) OJ L 280, 23.11.1995, p. 4.