Brussels, 15.04.2004
C(2004) 1364
COMMISSION DECISION
General implementing provisions for giving
effect to Article 7(3) of Annex VII to the Staff Regulations on
determining the place of origin
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Staff Regulations of officials of the European
Communities and the Conditions of Employment of other servants of
those Communities laid down in Regulation (EEC, Euratom, ECSC) N°
259/68 (1), as last amended by Regulation (EC, Euratom)
No 723/2004 of 22 March 2004 (2), and in particular
Article 7(3) of Annex VII to the Staff Regulations,
Having regard to the opinion of the Staff Regulations Committee,
After consulting the Staff Committee,
Whereas Article 7(3) of Annex VII to the Staff Regulations,
concerning the determination or changing of the place of origin
should be clarified,
HAS ADOPTED THESE PROVISIONS:
Article 1
An official’s place of origin as
referred to in Article 7(3) of Annex VII to the Staff Regulations
shall be determined or changed by the appointing authority according
to the criteria laid down in this Decision.
Article 2
- When officials take up their
duties, their place of origin shall be assumed to be the place
from where they are recruited.
If officials so request within one year of taking up their duties,
and on production of appropriate documentary evidence, their
centre of interests shall be determined as their place of origin,
if the centre of interests is not the same as the place of
recruitment.
- For the purposes of applying this Decision:
- "place of recruitment" shall mean the place where an official
was habitually resident at the time of recruitment. Places of
temporary residence, e.g. for the purpose of study, military
service, training periods or holidays, shall not be regarded as
places of habitual residence;
- "centre of interests" shall mean the place where an official
retains:
- his or her main family ties which, barring duly substantiated
exceptions, shall at the choice of the official mean:
-
- mother and father or either parent; failing that grandparents,
or one grandparent; failing that parents-in-law, or either
parent-in-law; failing that brothers and sisters;
or
- children, or one or more of them
or
- the marital residence, on the dual condition that:
- it was their permanent joint residence prior to the entry into
the service of the Communities of the first spouse to enter an
Institution as a permanent official or as a member of the
temporary, auxiliary or contract staff, and
- it consists of immovable property in which they have, or one of
them has, heritable interests;
- heritable interests constituted by immovable property in the
form of buildings;
- essential civic interests, both active and passive.
If all three criteria referred to in a), b) and c) are not
fulfilled by the same place, the official's centre of interests
shall be taken as the place where at least two of the three
criteria are met or, failing that, the place where the official
retains his or her main family ties, confined in this instance to
the official's father, mother or children.
- If an official's centre of interests cannot be established by
means of the criteria listed in the second indent of paragraph 2,
his or her place of recruitment shall be determined as the place
of origin.
- If officials move from one Community Institution to another,
their place of origin shall continue to be that determined by the
previous Institution.
Article 3
If officials so request, and produce appropriate documentary
evidence, their place of origin may exceptionally be changed
during their period of employment.
Such changes cannot be allowed unless all the factors taken into
account for determining the official's centre of interests have
ceased to exist and another centre of interests can be determined
in accordance with conditions referred to in the second indent of
Article 2(2).
If the place of recruitment has been determined as the place of
origin, the same conditions shall apply with regard to a
pre-existing centre of interests which was not taken into account
when determining the place of origin.
Article 4
If an official's centre of interests moves to a place outside the
territories of the Member States of the Communities or of the
overseas countries and territories listed in Annex IV to the
Treaty establishing the European Economic Community, his or her
place of origin may by special decision of the appointing
authority be changed, for the purpose of applying Article 7(1)(b),
Article 8 and Article 9(2) of Annex VII to the Staff Regulations,
so as to fix his or her place of origin at a point on the frontier
of the territories of the Communities on the direct route to the
centre of interests.
Article 5
Once officials reach the age of 55 they may, in preparation for
retirement, request that their place of origin be changed, on
production of appropriate documentary evidence relating to
heritable interests in the form of immovable property already
built or under construction. Article 4 shall apply.
Article 6
- Upon termination of service and in the light of their place of
resettlement, the place of origin of officials may be changed at
their request and on production of appropriate documentary
evidence, by special decision of the appointing authority. Article
4 shall apply.
- Following termination of service, for family or medical
reasons, officials who enter the service before [date of entry
into force of the reform of the Staff Regulations] and are not
receiving a pension at that time may exceptionally request the
appointing authority to change their place of origin. This
decision shall be taken on production of appropriate supporting
evidence by the person concerned. Article 4 shall apply.
Article 7
This Decision shall apply mutatis mutandis to temporary staff,
auxiliary staff and contract staff in the framework of Articles
22, 67 and 92 of the Conditions of Employment of other servants of
the European Communities.
Article 8
This Decision shall take effect on 1 May 2004.
It repeals and replaces the Commission Decision of 15 July 1980
(Information Notice No 291, 5 September 1980).
Done at Brussels, 14.04.2004.
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Footnotes
(1) OJ L 56, 4.3.1968.
(2) OJ L 124, 27.4.2004, p. 1.
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