ext/celex/31963R0004(01)

Official Journal of the European Communities 35

24.7.63 OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES 2005/63

REGULATION No 4/63 /EURATOM OF THE COUNCIL of 11 July 1963 determining the persons entitled to the allowances which may be granted to certain officials covered by Article 92 of the Staff Regulations to compensate for the arduous nature of certain work, the terms governing such allowances and the rates of payment

THE COUNCIL OF THE EUROPEAN ATOMIC arduous nature by reasons of the conditions in which ENERGY COMMUNITY, it has to be done .

Having regard to Regulation No 31 (EEC), 11 (EAEC) 1 on the Staff Regulations of Officials and the Article 2 Conditions of Employment of Other Servants of the European Economic Community and the European Such allowances may be granted only if the arduous Atomic Energy Community, and in particular Article nature of the working conditions is unavoidable 100 of those Staff Regulations ; owing to exigencies of the service or to safety requirements . Having regard to the proposal from the Commission;

Whereas it is for the Council, acting on a proposal Article 3 from the Commission, to determine the persons entitled to the allowances and the conditions and rate The allowances shall be expressed in points, one of the allowances which may be granted to certain point being equal to 0-032% of the minimum officials covered by Article 92 of the Staff subsistence rate defined in Annex VIII (6) to the Regulations to compensate for the arduous nature of Staff Regulations. This gives a figure at 1 January certain work ; 1962 of 1 point = Bfrs 1-50. Such allowances shall be adjusted by the corrective factor provided for in Article 64 of the Staff Regulations .

HAS ADOPTED THIS REGULATION : Article 4 Article 1 The table below shows the amount of the monthly Allowances may be granted to officials covered by allowances payable to officials regularly and Article 92 of the Staff Regulations who are called continuously engaged in work of the nature defined upon to do certain work which is of particularly in Articles 1 and 2 .

1 OJ No 45 , 14.6.1962, p . 1385/62 .

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No of points monthly for categories A , B, C, D

1 . Safety of the individual ( a) Wearing of uncomfortable special clothing for protection against fire, contamination, radiation or corrosive substances : — heavy protective clothing ( lead, asbestos or similar) 600 — diving-suit 1000 ( b) Partial protection : — independent breathing apparatus 800 — respirator 500 — glove-box or telemanipulative appliances 200 2 . Place of work ( a) Decompressed atmosphere (reactors , laboratories and hot workshops) 300 (b) Dangerous sites : mine or other underground passages and quarries ; places where work is carried out more than 6 metres from the ground involving exceptional risks ( e.g. travelling gantry) 400 3 . Nature of work Very dirty work such as that listed in the Annex to this Regulation 400

For officials regularly but not continuously engaged Category in such work, the amount of the allowance shall be Nature of duty A B c D reduced proportionately, and such reduction may be fixed at a flat rate by the appointing authority. (a) Full 8-hour night shift, weekdays 56 ' 48 40 40 Article 5 (b) 8-hour day or night shift, Sundays or public The allowances set out in paragraph 1 of the Table holidays 112 96 80 ■ 80 in Article 4 shall not be payable concurrently; the same applies to those in paragraph 2 of the Table. Furthermore, the allowances set out in paragraphs 1 Article 7 and 3 of that Table shall not be payable concurrently. Allowances under Articles 1 to 6 shall not exceed 1500 points per person per month. In cases covered by the two preceding subparagraphs, where more than one allowance would be due, only Article 8 the one at the highest rate shall be paid. This Regulation shall apply by analogy to temporary Article 6 staff, auxiliary staff and establishment staff. The table below shows the amount of the allowances expressed in points, per eight-hour shift payable to Article 9 officials for night, Sunday or public holiday duty as part of a continuous operation decided by the This Regulation shall enter into force on 1 August appointing authority. 1963 .

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

Done at Brussels, 11 July 1963 . For the Council The President J. M. A. H. LUNS

Official Journal of the European Communities 37

ANNEX

List provided for in Article 4 (3 )

I. The appointing authority may grant an allowance as provided for in Article 4 to officials covered by Article 92 of the Staff Regulations who are engaged in handling or who work with certain substances in conditions of a particularly arduous nature .

II . These substances are :

A. Corrosive and asphyxiant substances :

1 . In handling : Halogens , hydrohalogenous acids (hydrochloric and hydrofluoric acids), halogenous fluorides : sulphuric acid , sulphur chloride, caustic soda and caustic potash, ammonia.

2 . In technical processes : Scouring and de-activation of stainless steels and light alloys , by submersion in or contact with oxidising or scouring agents such as HN0 3-HF, H 2SO ,,, NaOH + Na0 3, NaH.

B. Toxic substances :

1 . In handling : Toxic forms of radioactive substances : beryllium and compounds thereof ; arsenic and compounds ; mercury, compounds and amalgams ; tetraethyl lead ; hydrocyanic acid, cyanides and acrylonitrile ; nitric oxide and nitrogen dioxide ; phosphorus and phosphoric ethers ; selenium ; deuterium oxide.

2 . In technical processes : Manufacture, concentration or storage of toxic forms of radioactive substances : casting, welding and working lead or alloys of lead antimony or cadmium antimony .

C. Substances which are highly flammable and explosive or highly flammable or explosive :

1 . In handling : Compressed gases : acetylene , oxygen , methane, ethane , ethylene and rare gases ; volatile organic solvents such as methyl alcohol, ethyl alcohol, diethyl ether, acetone, benzol, toluene ; liquid metals such as sodium , potassium ; sulphur.

2. In technical processes : Argon welding ; cleaning and degreasing very dirty parts with solvents such as trichloroethylene ; use of organic liquids such as diphenyl, terphenyls, polyphenyls, Dowtherm, high-boiler residues in circuits ; pouring of paraffin or bitumen .

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D. Dirty substances :

1 . In handling : Cadmium, chromium , nickel , bismuth , barium , vanadium and manganese compounds in powder form ; powdered iron oxide.

2. In technical processes : Processing of graphite ; greasing and draining pumps and motors such as vacuum pumps , fluid circulation pumps , decompression pumps , compressed air generators ; polishing with special substances ; handling of metal slags .

III . This Annex shall be amended by the Council on a proposal from the Commission, according to scientific and technical developments .