HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 341/54
EN
Official Journal of the European Union
22.12.2011
COUNCIL DECISION
of 19 December 2011
concerning the Commission’s proposal for a Council Regulation adjusting with the effect from
1 July 2011 the remuneration and pension of the officials and other servants of the European
Union and the correction coefficients applied thereto
(2011/866/EU)
THE COUNCIL OF THE EUROPEAN UNION,
(4) The
Commission,
on
25
November
2011,
presented
to
the Council supplementary information on the
Commission report on the exception clause of 13 July
Having regard to the Treaty on European Union and the Treaty
2011 (‘the supplementary information’). The conclusions
on the Functioning of the European Union,
drawn by the Commission remained that the conditions
for triggering the exception clause were not met.
Having regard to the Staff Regulations of Officials and the
(5) In
effect,
the
Commission’s
proposal
for
a
Council
Regu
Conditions of Employment of Other Servants of the European
lation adjusting with the effect from 1 July 2011 the
Union laid down by Regulation (EEC, Euratom, ECSC) No
remuneration and pension of the officials and other
259/68, and in particular Article 65 of the Staff Regulations
servants of the Union and the correction coefficients
and Annexes VII, XI and XIII thereto, and Article 20 of the
applied thereto follows the method set out in Annex
Conditions of Employment of Other Servants,
XI to the Staff Regulations. The figure for the annual
adjustment 2011 proposed by the Commission is 1,7 %.
Having regard to the proposal from the Commission for a
Council Regulation adjusting with the effect from 1 July 2011
(6) The
Council
considers
that
neither
of
the
documents
the remuneration and pension of the officials and other servants
submitted by the Commission, namely, the ‘report’ and
of the Union and the correction coefficients applied thereto,
the ‘supplementary information’, provides for an accurate
and comprehensive reflection of the current economic
and social situation within the Union.
Whereas:
(7)
Moreover, in the view of the Council, the Commission
made an error in defining the time span to be covered by
(1)
In light of a serious and sudden deterioration in the
its analysis too narrowly. That error prevented the
economic and social situation within the Union, on
Commission from making a proper assessment of the
17 December 2010, the Council requested the
situation and therefore has significantly distorted the
Commission to implement Article 10 of Annex XI to
conclusions derived from both documents, namely that
the Staff Regulations by presenting an appropriate
there was no sudden and serious deterioration of an
proposal for the annual adjustment 2011. The
economic and social situation within the Union.
Commission, on 13 July 2011, submitted to the
Council the report on the exception clause (Article 10
(8) The
Council
does
not
share
these
conclusions.
The
of Annex XI to the Staff Regulations) — (‘the report’)
Council is convinced that the financial and economic
covering the period from 1 July 2010 to mid-May
crisis currently taking place within the Union and
2011. On the basis of the report, the Commission
resulting in substantial fiscal adjustments, inter alia,
concluded that the conditions for applying the
national officials’ salary adjustments, in a great number
exception clause were not met.
of Member States constitutes a serious and sudden
deterioration of the economic and social situation
within the Union.
(2) The
Council
did
not
share
the
Commission’s
conclusions
as they, in the Council’s view, did not reflect the
economic and social situation within the Union.
(9) Moreover,
in
the
Council’s
opinion,
this
serious
and
sudden deterioration of the economic and social
situation could not be reflected quickly enough in the
officials’ remunerations through the application of the
(3)
Consequently and in view of the financial and economic
method.
crisis currently taking place within the Union and
resulting in substantial fiscal adjustments in a great
number of Member States, on 4 November 2011, the
(10) With respect to the economic situation, the forecast for
Council repeated its request to the Commission to
growth in the Union has been substantially reduced for
implement Article 10 of Annex XI to the Staff Regu
the year 2012 from + 1,9 % to + 0,6 %. EU quarterly
lations on the basis of data reflecting the economic
growth is down from + 0,7 % in the first quarter of
and social situation in autumn 2011 and to submit an
2011 to + 0,2 % in the second and in the third
appropriate remuneration adjustment proposal in good
quarters of that year. As for the fourth quarter of
time to allow the European Parliament and the Council
2011 and first quarter of 2012, no growth of GDP is
to examine and adopt it before the end of 2011.
foreseen.

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EN
22.12.2011 Official
Journal
of
the
European
Union L
341/55
(11) While assessing the current economic and social
under the duty of sincere cooperation between the insti
situation, more focus should have been put on the
tutions as enshrined in the second sentence of
situation on the financial markets, in particular on
Article 13(2) of the Treaty on European Union, the
distortions to credit supply and declines in asset prices,
Commission was obliged to submit an appropriate
which are major determinants for the economic devel
proposal to the Council. The Commission’s conclusions
opment.
and its failure to submit such a proposal are therefore in
breach of that obligation.
(12) With respect to the social situation, job creation has been
insufficient to remedy a major reduction in the unem
(16) As
the
Council
may
act
only
on
a
proposal
from
the
ployment rate. The EU unemployment rate in 2010 and
Commission, the Commission’s failure to draw the
2011 fluctuated to reach 9,8 % in October 2011 and
correct conclusions from the evidence and to present a
should remain constantly high.
proposal under Article 10 of Annex XI to the Staff
Regulations has prevented the Council from reacting
(13) In the light of the above, the Council considers that the
correctly to the serious and sudden deterioration in the
Commission’s position as regards the existence of a
economic and social situation through the adoption of
serious and sudden deterioration in the economic and
an act under Article 10 of Annex XI to the Staff Regu
social situation and its refusal to submit a proposal
lations,
under Article 10 of Annex XI to the Staff Regulations
is based on manifestly insufficient and erroneous
DECIDES NOT TO ADOPT THE COMMISSION’S PROPOSAL
grounds.
for a Council Regulation adjusting with the effect from 1 July
2011 the remuneration and pension of the officials and other
servants of the Union and the correction coefficients applied
(14) Since
the
European
Court
of
Justice
held
in
Case
C-40/10
that, for the period of application of Annex XI to the
thereto.
Staff Regulations, the procedure laid down in Article 10
thereof, constitutes the only means of taking account of
an economic crisis in the adjustment of remuneration,
Done at Brussels, 19 December 2011.
the Council was dependent on a proposal from the
Commission to apply that Article in times of crisis.
For the Council
(15) The
Council
is
convinced
that,
in
light
of
the
wording
of
The President
Article 10 of Annex XI to the Staff Regulations and
M. KOROLEC

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