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Common Rules relating to the transfer
of part of the emoluments of officials of the European Communities
THE INSTITUTION(1) ,
Having regard to the Staff Regulations of officials and the conditions
of employment of other servants of the European Communities, as laid down
in Regulation (EEC, Euratom, ECSC) No 259/68(2)
as last amended by Regulation (EC, Euratom) No 723/2004(3),
and in particular Article 17 of Annex VII to the said Staff Regulations
and Articles 27 and 92 of the said conditions of employment,
After consultation of the Staff Regulations Committee,
Having regard to the Agreement reached between the institutions of the
European Communities,
Whereas:
The institutions of the European Communities must lay down by common
consent the arrangements for the transfer of part of an official's
emoluments,
HAS DECIDED AS FOLLOWS:
Article 1
Pursuant to Article 17(2) of Annex VII to the Staff Regulations,
expenditure regarded as justifying transfers of part of the emoluments of
officials of the European Communities shall be as follows:
- Education expenses for children eligible for the dependent child
allowance within the meaning of the Staff Regulations
Once the education allowance is paid, officials may transfer an amount
not exceeding the amount of that allowance. They shall renew their
transfer application annually during the month of October of the current
academic year. Transfers shall not be continued beyond the month of
October of the current year where officials have not submitted an
application for the education allowance in respect of the child
justifying the transfer.
In order to be eligible for such a transfer, the child cannot be
attending a school in the official's place of employment or place of
residence. The transfer shall be made to an account with a bank in the
Member State where the child is being educated. Where the child takes
part in an exchange or spends a period of study at an establishment in a
Member State other than that where the original establishment is
situated, the transfer shall be suspended or shall be made to the
exchange Member State, using the correction coefficient for that Member
State.
Correspondence courses shall not entitle officials to make transfers to
the Member State in which the educational establishment is situated.
The holder of the bank account into which the payment is made shall be
the official, or the child in respect of whom the educational allowance
has been granted.
- Obligations arising from a decision of the courts or a decision by
the competent administrative authority
Obligations justifying this type of transfer shall be family obligations
involving persons residing in the relevant Member State towards whom the
official provides evidence of having an obligation by virtue of a
decision of the courts or the competent administrative authority.
The amounts shall be transferred to an account with a bank in the Member
State of residence of the persons towards whom the official has an
obligation, and the holder of that account shall be either the official
or the beneficiary of the transfer.
Article 2
Applications for transfers under Article 17 of Annex VII to the Staff
Regulations shall be made in writing. They shall operate for a minimum
period of six months and shall be tacitly renewed for successive six month
periods, unless the official gives written notice of cancellation.
If during that time there is a change in either the official's
remuneration or the circumstances justifying a transfer, he or she may ask
for the transfer to be discontinued or altered.
Applications for transfers and applications to alter or discontinue
existing transfers shall take effect no later than the second month
following submission of the application, which shall be accompanied by all
the requisite documents (supporting documents and banking information).
Applications for transfers to another country shall under no circumstances
be backdated.
Article 3
The Institution shall regularly check that the conditions justifying
the authorisation for a transfer are still met. In this connection, it may
request that any supporting document which it considers useful be
produced. It shall discontinue the transfer if it notes that the
conditions providing the necessary justification are no longer met or the
official fails to produce the supporting documents requested. Such checks
may result in application of Article 85 of the Staff Regulations.
Transfers in accordance with Article 17 of Annex VII to the Staff
Regulations shall be made only to bank accounts with financial
institutions established within Community territory. Such payments shall
be made in the currency of the Member State to which the transfer is made.
Payments falling within the scope of these rules shall be made into a
single bank account for each type of transfer and beneficiary.
Article 4
Backdated increases in remuneration and, in particular, adjustments to
remuneration following promotion, regrading or a change in family
circumstances shall on no account result in amounts transferred being
modified retroactively.
Changes in the exchange rate or the correction coefficients referred to in
Article 17(3) of Annex VII to the Staff Regulations shall not give rise to
a backdated amendment in the exchange value of the amounts transferred.
Article 5
These rules shall apply by analogy to temporary and contract staff.
Article 6
The total amount of transfers calculated on the basis of salaries for
April 2004 shall not be indexed to any salary increases which may be
introduced between 1 May 2004 and 31 December 2008.
Where the amount is calculated on the basis of several supporting
documents, each shall be taken into consideration separately. Should any
one of them no longer justify a transfer, the amount shall be reduced
accordingly.
Article 7
These Rules shall enter into force on the first day of the month
following that during which the common consent provided for in Article
17(2) of Annex VII to the Staff Regulations is recorded by the President
of the Court of Justice. They shall apply from 1 May 2004.
These Rules repeal and replace the Rules laying down the procedure for the
transfer of part of the emoluments of an official of the European
Communities, which entered into force on 1 January 1980 with effect from 1
April 1979.
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FOOTNOTES
(1) These rules have been adopted by all
the Institutions, common accord having been recorded by the President of
the Court of Justice of the European Communities on 13.12.2004.
(2) OJ L 56, 4.3.1968, p. 1.
(3) OJ L 124, 27.4.2004, p. 1.
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