ext/celex/31963R0009(01)

Official Journal of the European Communities 79

28.12.63 OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES 2989/63

REGULATION No 9/63/EURATOM OF THE COUNCIL of 18 December 1963

laying down the conditions governing remuneration and social security for establishment staff of the Joint Nuclear Research Centre employed in Italy

THE COUNCIL OF THE EUROPEAN ATOMIC Article 2 ENERGY COMMUNITY, Posts to which members of establishment staff may Having regard to Regulation No 31 (EEC), 11 be assigned shall be classified according to the nature (EAEC) 1 on the Staff Regulations of Officials and the and importance of the duties to which they relate in Conditions of Employment of Other Servants of the two classes corresponding to Categories C and D of European Economic Community and the European Annex I to the Staff Regulations of Officials of the Atomic Energy Community, and in particular the European Economic Community and the European second paragraph of Article 4 and Articles 94 and 95 Atomic Energy Community (hereinafter called 'Staff of those Conditions of Employment; Regulations'). Category I shall comprise five groups each containing nine steps and Category II shall Having regard to the proposal from the Commission ; comprise four groups, each containing nine steps.

Whereas it is for the Council, acting on a proposal from the Commission, to lay down : Article 3 — in the light of local practice, the conditions governing remuneration for establishment staff of The basic monthly salary attaching to each group the Joint Nuclear Research Centre at each place and step shall be fixed according to the scale in the of employment and the system of allowances, Annex. The following shall be added to the basic insurances, social security and all kinds of other salary; related benefits to which such persons are entitled ; (a) a meals allowance (indennita di mensa)2 and a cost of living allowance (indennita di contingenza) — the amount of allowances granted to fixed in accordance with Italian provisions, within establishment staff of the Joint Nuclear Research the framework of the division into classes and Centre who at the time of their recruitment are groups set out in Article 10 ; not residing in the country or in close proximity to the place where their duties are to be (b) a thirteenth monthly payment equal to one performed; month's basic salary, meals allowance and cost of living allowance, payable at the same time as HAS ADOPTED THIS REGULATION : the last remuneration for the current year. Where the period of service of a member of establishment Article 1 staff is less than twelve months during the year in question, this thirteenth monthly payment shall be calculated proportionately. The rules for the The provisions of this Regulation shall apply to application of this paragraph shall be those laid establishment staff of the Joint Nuclear Research down in the collective agreement Metalmeccani ­ Centre (JNRC) as defined in the second paragraph of cP based on the relevant Italian laws . Article 4 of the Conditions of Employment of Other Servants of the Communities (hereinafter called 'Conditions of Employment'), employed in Italy, and in particular at the Ispra Research Establishment 2 On the basis of the Decree No 1026 of the President of the Italian Republic o£ 14 July 1960. (province of Varese). 3 'Metalmeccanici e Installatori di Impianti (Impiegati ­ Operai : Categorie speciali). Contratto nazionale 17 feb ­ braio 1963 — Disciplina apprendistato, contratto 23 aprile 1 OJ No 45, 14.6.1962, p . 1385/62. . 1963 .'

80 Official Journal of the European Communities

Article 4 Article 9

A member of establishment staff who has completed Within the framework of the insurance scheme two years' service at one step in his group shall referred to in Article 8 , the institution shall be automatically advance to the next step in that group. responsible for the employer's contribution and shall deduct the contributions required from the member Transition to a higher group or class shall be decided of staff from his salary. upon by selection in accordance with the provisions of Article 92 of the Conditions of Employment. Article 10

Article 5 Eor purposes of application of the provisions regarding social security, office staff of Classes 1 and A member of establishment staff shall not be 2 shall be deemed to be 'employees' (impiegato), required to work overtime save in cases of urgency workshop and laboratory staff of Class 1 , Groups 1, or of exceptional pressure of work. Overtime worked 2 and 3 , and also supervisory staff shall be deemed to shall entitle the member of staff to compensatory be 'intermediate workers' (intermedio), workshop leave to be taken not later than the month following and laboratory staff of Class 1 , Groups 4 and 5 , and that in which the overtime was worked or, where laboratory maintenance staff of Class 2 shall be this is impossible, to an allowance of an amount deemed to be 'workers' (operaio). fixed in accordance with Article 6.

Article 11 Article 6 In accordance with Article 93 of the Conditions of Overtime worked by a member of establishment staff Employment, establishment staff shall be entitled to shall be compensated for by leave or an allowance in not less than twenty-four and not more than thirty accordance with the procedure laid down in the Staff working days ' leave per calendar year and, under the Regulations . conditions and within the limits of remuneration fixed by the provisions of the collective agreement Metal ­ The total overtime a member of establishment staff is meccanici in application of the relevant Italian laws, required to work shall not exceed 40 hours per sickness , accident or maternity leave. month or 150 hours per six calendar months .

Article 7 Article 12

A member of establishment staff shall, under the The Institution shall conclude the necessary conditions laid down for officials of the European agreements with the authorities mentioned in Article Atomic Energy Community, receive the bonuses for 8 . exceptional services and the allowances for work of a particularly arduous nature provided for in Articles Article 13 99 and 100 of the Staff Regulations. In accordance with local practice, payments in addition to those provided for by the Italian Social Article 8 Security Scheme may be made provided the resulting cost to the employer does not exceed half the amount From the day of his engagement a member of payable under that scheme. establishment staff shall be insured with the Italian Social Security authorities in particular in respect of A third of the total cost of this additional insurance sickness, accident, disablement, old-age and death. He shall be borne by the member of establishment staff. shall receive from those authorities payments due by reason of his insurance with them, except for allowances for dependent persons which are paid Article 14 direct by the institution; such allowances shall be of an amount comparable to those paid by the competent Italian authorities. A member of establishment staff shall receive the education allowance provided for in Article 67 of the The institution shall ensure that these payments are Staff Regulations if the dependent children are not not made concurrently with those of a similar nature eligible for scholarships or any other payments paid through another channel. normally granted in Italian schools .

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Article 15 proposal from the Commission in accordance with the first indent of the second subparagraph of Article 118 (2) of the Treaty establishing the European Where it is necessary for imperative service reasons to Atomic Energy Community, shall carry out this recruit as members of establishment staff candidates revision within the shortest possible time. not residing in Italy or in close proximity to the place where their duties are to be performed, those persons may, at the end of their period of probation and Article 18 provided that their appointment is confirmed, be granted a removal allowance equal to one month's A member of establishment staff whose net basic salary, which may be increased by allowances remuneration is reduced owing to the application of for dependent persons, but may not be more than the this Regulation shall receive an allowance by way of actual expenses incurred in the removal. compensation .

Article 16 This allowance shall be equal each month to the difference between : On termination of service a member of establishment — the net remuneration received during the month staff shall be entitled to a retirement pension ; this preceding the entry into force of this Regulation ; shall be paid in accordance with the provisions of the and collective agreement Metalmeccanici. — the net remuneration which the member of staff When an appointment is terminated for disciplinary would have received • for the first month of the reasons, a decision shall be taken in accordance with application of this Regulation, the provisions of the collective agreement Metalmeccanici as to whether the retirement pension if at that time he had had the same - family shall be paid as provided for in the preceding responsibilities as he had during the month preceding paragraph and, if so, the amount thereof. the entry into force of this Regulation.

Increases in remuneration granted after the entry into Article 17 force of this Regulation shall be deducted from that allowance. In the case of an increase in salaries for the activities covered by the Italian collective agreement Metalmeccanici, a revision of the scale shall be made, Article 19 similar to that made for staff whose activities correspond to those referred to in Article 10. In that This Regulation shall enter into force on 1 January case the Council, acting by a qualified majority on a 1964 .

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

Done at Brussels, 18 December 1963 .

For the Council

The President L. DE BLOCK

82 Official Journal of the European Communities

ANNEX

(1000 Lit)

CLASS I 1 2 3 4 5 6 7 8 9

Group 1 126 132-3 138-6 144-9 151-2 157-5 163-8 170-1 176-4 Group 2 113 118-6 124-6 129-9 135-6 141-2 146-9 152-5 158-2 Group 3 95-5 100-3 105 109-8 114-6 119-4 124-2 128-9 133-7 Group 4 84 88-2 92-4 96-6 100-8 105 109-2 113-4 117-6 Group 5 67-5 70-9 74-2 77-6 81 84-4 87-8 91-1 94-5

CLASS II

Group 1 95-5 100-3 105 109-8 114-6 119-4 124-2 128-9 133-7 Group 2 84 88-2 92-4 96-6 100-8 105 109-2 113-4 117-6 Group 3 67-5 70-9 74-2 77-6 81 84-4 87-8 91-1 94-5 Group 4 58-5 61-4 64-4 67-3 70-2 73-1 76-1 79 81-9