OpenLegislation

Regulation (EURATOM, ECSC, EEC) No 549/69 of the Council of 25 March 1969 determining the categories of officials and other servants of the European Communities to whom the provisions of Article 12, the second paragraph of Article 13 and Article 14 of the Protocol on the Privileges and Immunities of the Communities apply

EU Regulation No 549/1969 · Adopted 25 March 1969 · Extends to United Kingdom

Original text. legislation.gov.uk does not revise this item, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Regulation (EURATOM, ECSC, EEC) No 549/69 of the Council

of 25 March 1969

determining the categories of officials and other servants of the European Communities to whom the provisions of Article 12, the second paragraph of Article 13 and Article 14 of the Protocol on the Privileges and Immunities of the Communities apply

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing a Single Council and a Single Commission of the European Communities, and in particular the first paragraph of Article 28 thereof;

Having regard to the Protocol on the Privileges and Immunities of the European Communities, and in particular Articles 16 and 22 thereof;

Having regard to the proposal from the Commission;

Having regard to the Opinion of the European Parliamentf1;

Having regard to the Opinion of the Court of Justice of the European Communities;

Whereas the privileges, immunities and facilities conferred on officials and other servants of the Communities by the Protocol on the Privileges and Immunities are granted solely in the interest of the Communities;

Whereas it is therefore important to ensure that officials and other servants, in view of their duties and responsibilities and of their particular situation, benefit from such privileges, immunities and facilities as are necessary for the proper functioning of the Communities;

HAS ADOPTED THIS REGULATION:

Annotations to the whole text

Footnotes

f1

OJ No C 135, 14.12.1968, p. 31.

Contents

  1. 1Article 1
  2. 1aArticle 1a
  3. 2Article 2
  4. 3Article 3
  5. 4Article 4
  6. 4aArticle 4a Repealed
  7. 4bArticle 4b
  8. 4cArticle 4c
  9. 5Article 5
  10. Signature

1

The provisions of Article 12 of the Protocol on the Privileges and Immunities of the Communities shall apply to the following categories:

  1. (a)

    officials coming under the Staff Regulations of Officials of the Communities, with the exception of officials placed on non-active status, to whom only Article 12 (a) and, in respect of allowances paid by the Communities, Article 12 (c) shall apply;

  2. (b)

    staff coming under the Conditions of Employment of Other Servants of the Communities, with the exception of:

    1. 1..

      Local staff, to whom only Article 12 (a) shall apply;

    2. 2..

      part-time auxiliary staff, to whom only Article 12 (a) and (b) and, in respect of remuneration paid by the Communities, Article 12 (c) shall apply.

1aF1

Article 12(a) of the Protocol on the Privileges and Immunities of the Communities shall not apply to Europol staff placed at the disposal of a joint investigation team in respect of official acts required to be undertaken in fulfilment of the tasks set out in Article 6 of Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol) f1 .

2

The provisions of the second paragraph of Article 13 of the Protocol on the Privileges and Immunities of the Communities shall apply to the following categories:

  1. (a)

    persons coming under the Staff Regulations of Officials or the Conditions of Employment of Other Servants of the Communities, including those who receive the compensation provided for in the case of retirement in the interests of the service, with the exception of local staff;

  2. (b)

    persons receiving disability, retirement or survivors’ pensions paid by the Communities;

  3. (c)

    persons receiving the compensation provided for in Article 5 of Regulation (EEC, Euratom, ECSC) No 259/68f1 in the case of termination of service;

  4. (d)

    F1those entitled to the allowance provided for in the event of termination of service under Article 3 of Regulation (Euratom, ECSC, EEC) No 2530/72;

  5. (e)

    those entitled to the allowance provided for in the event of termination of service under Article 4 of Regulation (Euratom, ECSC, EEC) No 2530/72;

  6. (f)

    F2those entitled to the allowance provided for in the event of termination of service under Articles 3 and 4 of Regulation (ECSC, EEC, Euratom) No 1543;

  7. (g)

    those entitled to the allowance provided for in the event of termination of service under Article 5 of Regulation (ECSC, EEC, Euratom) No 1543;

  8. (h)

    F3those entitled to the allowance provided for in the event of termination of service under Article 2 of Regulation (ECSC, EEC, Euratom) No 2150/82;

  9. (i)

    F4those entitled to the allowance provided for in the event of termination of service under Article 3 of Regulation (ECSC, EEC, Euratom) No 1679/85;

  10. (j)

    those entitled to the unemployment benefit provided for under Article 28 a of the Conditions of Employment of Other Servants as resulting from Article 33 of Regulation (ECSC, EEC, Euratom) No 2799/85;

  11. (k)

    those entitled to the allowance provided for in the event of termination of service under Article 4 of Regulation (ECSC, EEC, Euratom) No 3518/85;

  12. (l)

    F5those entitled to the allowance provided for in the event of termination of service under Article 4 of Regulation (Euratom, ECSC, EEC) No 2274/87 f2 ;

  13. (m)

    those entitled to the allowance provided for in the event of termination of service under Article 3 of Regulation (EEC) No 1857/89 f3 ;

  14. (n)

    those entitled to the allowance provided for in the event of termination of service under Article 4 of Regulation (EC, Euratom, ECSC) No 2688/95 f4 ;

  15. (o)

    those entitled to the allowance provided for in the event of termination of service under Article 4 of Regulation (EC, Euratom, ECSC) No 2689/95 f5 ;

  16. (p)

    F6those entitled to the allowance provided for in the event of termination of service under Article 4 of Regulation (EC, Euratom) No 1746/2002;

  17. (q)

    those entitled to the allowance provided for in the event of termination of service under Article 4 of Regulation (EC, Euratom) No 1747/2002;

  18. (r)

    those entitled to the allowance provided for in the event of termination of service under Article 4 of Regulation (EC, Euratom) No 1748/2002.

3

The provisions of Article 14 of the Protocol on the Privileges and Immunities of the Communities shall apply to the following categories:

  1. (a)

    officials coming under the Staff Regulations of Officials of the Communities;

  2. (b)

    staff coming under the Conditions of Employment of Other Servants of the Communities, with the exception of local staff.

4

Without prejudice to the provisions of the first paragraph of Article 22 of the Protocol on the Privileges and Immunities of the European Community concerning members of the organs of the European Investment Bank, the privileges and immunities provided for in Article 12, in the second paragraph of Article 13 and in Article 14 of the Protocol shall apply under the same conditions and within the same limits as those laid down in Articles 1, 2 and 3 of this Regulation to:

  • staff of the European Investment Bank;

  • persons receiving disability, retirement or survivors’ pensions paid by the European Investment Bank.

4aF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4bF1

The privileges and immunities provided for in Article 12, in the second paragraph of Article 13 and in Article 14 of the Protocol shall apply under the same conditions and within the same limits as those laid down in Articles 1, 2 and 3 of this Regulation to:

  • members of the organs of the European Investment Fund in the performance of their duties as such,

  • staff of the European Investment Fund,

  • persons receiving disability, retirement or survivor's pensions paid by the European Investment Fund.

4cF1

Without prejudice to Article 23 of the Protocol on the privileges and immunities of the European Communities with regard to the members of the Governing Council and of the General Council of the European Central Bank, the privileges and immunities provided for in Article 12, in the second subparagraph of Article 13 and in Article 14 of the Protocol shall apply under the same conditions and within the same limits as those laid down in Articles 1, 2 and 3 of this Regulation to:

  • staff of the European Central Bank,

  • persons receiving disability, retirement or survivors' pensions paid by the European Central Bank.

5

Regulation No 8/63 Euratom, 127/63/EECf1 is hereby repealed.

Signature

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