3.12.98 Official Journal of the European Communities L 325/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EC, ECSC, EURATOM) No 2594/98 of 27 November 1998 amending Regulation (EEC, Euratom, ECSC) No 259/68 laying down the Staff Regulations of officials of the European Communities and the Conditions of Employment of other servants of the Communities THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing a Single Council and a Single Commission of the European Communities, and in particular Article 24 thereof, Having regard to the proposal from the Commission presented after consulting the Staff Regulations Committee ('), Having regard to the opinion of the European Parlia- ment (%), Having regard to the opinion of the Court of Justice (%), Having regard to the opinion of the Court of Auditors (*), Whereas Regulation (ECSC, EEC, Euratom) No 2175/ 88 (°) provides for a weighting of 100 to be applied to payments made under the Community pension scheme and allowances paid pursuant to Article 50 of the Staff Regulations to recipients who have established their res- idence in a non-member country, and to family allow- ances paid for dependent children of officials or former officials to other persons residing in a non-member country; Whereas, in its judgment of 14 December 1995 in Case T-285/94, the Court of First Instance found that Article 3 of the said Regulation was unlawful because it conflicted with the second and third subparagraphs of Article 82(1) of the Staff Regulations from which it could not depart by virtue of the principle of the hierarchy of norms; Whereas the institutions are required to maintain equality of treatment in respect of their officials irrespective of the situations in which they are placed in accordance with the requirements of the service; Whereas weightings are designed to correct salaries and emoluments in order to ensure that officials enjoy equiva- 1 () OJ C 266, 25. 8. 1998, p. 13. () OJ C 313, 12. 10. 1998. () Opinion delivered on 14 October 1998. () Opinion delivered on 23 September 1998. () OJ L 191, 22. 7. 1988, p. 1. lent purchasing power in the various countries where they are required to take up residence; Whereas former officials and officials assigned non-active status, unlike serving officials, choose their place of res- idence exclusively on personal grounds; Whereas the considerable differences between the situa- tion of serving officials and that of former officials and officials assigned non-active status are justification for limiting the application of the weightings fixed for non- member countries to serving officials only; Whereas these weightings are applied only to the remu- neration of staff serving in non-member countries and cannot therefore be applied to the financial entitlements of persons residing in such countries who are not in active service; Whereas the Staff Regulations of Officials laid down by Regulation (EEC, Euratom, ECSC) No 259/68 (°) and last amended by Regulation (EC, ECSC, Euratom) No 2458/ 98 (’) should therefore be amended, HAS ADOPTED THIS REGULATION: Article 1 The Staff Regulations of officials of the European Communities are hereby amended as follows: 1. the sixth and seventh subparagraphs of Article 41(3) shall be replaced by the following: ‘The allowance and the total remuneration last received, as referred to in the fourth subparagraph, shall be weighted at the rate fixed for the country inside the Communities where the recipient proves he has his residence. () OJ L 56, 4. 3. 1968, p. 1. () OJ L 307, 17. 11. 1998, p. 1.