9. 10. 87 Official Journal of the European Communities No L 286/3 COUNCIL REGULATION (Euratom, ECSC, EEC) No 3019/87 of 5 October 1987 laying down special and exceptional provisions applicable to officials of the European Communities serving in a third country ' 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 Article 24 thereof, Having regard to the Staff Regulations of officials of the European Communities and the conditions of employ- ment of other servants of the European Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68 ("), as last amended by Regulation (Euratom, ECSC, EEC) No 793/87 (3), Having regard to the proposal from the Commission (%), submitted after consulting the Staff Regulations Committee, Having regard to the opinion of the European Parli- ament (¥), Having regard to the opinion of the Court of Justice, Whereas there should be special provisions for officials serving in third countries, on account of special living conditions there ; Whereas it is for the Council, acting by a qualified majo- rity on a proposal from the Commission and after consul- ting the other institutions concerned, to amend the Staff Regulations of Officials of the European Communities, HAS ADOPTED THIS REGULATION : Article 1 The Staff Regulations of officials of the European Communities is amended as follows : 1. After Article 101 the following Title and Article are inserted : TITLE VIila SPECIAL AND EXCEPTIONAL PROVISIONS APPLICABLE TO OFFICIALS SERVING IN A THIRD COUNTRY Article 101a Without prejudice to the other provisions of the Staff Regulation, Annex X lays down the special and excep- tional provisions applicable to officials serving in a third country’. () OJ No L 56, 4. 3. 1968, p. 1. () OJ No L 79, 21. 3. 1987, p. 1. () O] No C 284, 11. 11. 1986, p. 8. () OJ No C 255, 13. 10. 1986, p. 245. 2. The following Annex is added: ‘ANNEX X Special and exceptional provisions applicable to officials serving in a third country CHAPTER 1 GENERAL PROVISIONS ' Article 1 This Annex lays down the special and exceptional provisions applicable to officials of the European Communities serving in a third country. Only nationals of Member States of the Communities may be recruited to serve in such a country, the appointing authority not being permitted to invoke the exception provided for in Article 28 (a) of the Staff Regulations. General implementing provisions shall be adopted in accordance with Article 110 of the Staff Regulations. Article 2 By decision of the appointing authority in the interests of the service, officials shall be transferred periodically, if necessary without regard to vacant posts. Posts to be filled by officials serving outside the Community need not be declared vacant until the transfer procedure referred to in the first subparagraph (“the mobility procedure”) has been completed. Article 3 In order to allow retraining periods of limited duration as part of the mobility procedure provided for in Article 2, the appointing authority may decide to assign an official serving outside the Community to a post in a Member State of the European Communi- ties ; such assignments, which shall not be preceded by a vacancy notice, may not be for more than four years. By way of derogation from the first subparagraph of Article 1, the appointing authority may decide, on the basis of general implementing provisions, that the offi- cial shall remain subject to certain provisions of this Annex for the duration of this temporary assignment, excluding Articles 5, 10 and 12 thereof.