Regulation No 422/67/EEC, 5/67/Euratom of the Council of 25 July 1967 determining the emoluments of the President and members of the Commission and of the President, Judges, Advocates-General and Registrar of the Court of Justice
Modified by
  • Règlement (CEE, Euratom, CECA) no 262/68 du Conseildu 29 février 1968modifiant le règlement no 422/67/CEE, no 5/67/Euratom du Conseil, du 25 juillet 1967, portant fixation du régime pécuniaire du président et des membres de la Commission, du président, des juges, des avocats généraux et du greffier de la Cour de justice, 31968R0262, March 5, 1968
  • Règlement (Euratom, CECA, CEE) no 1442/69 du Conseildu 23 juillet 1969modifiant le règlement no 422/67/CEE et 5/67/Euratom du Conseil, du 25 juillet 1967, portant fixation du régime pécuniaire du président et des membres de la Commission du président, des juges, des avocats généraux et du greffier de la Cour de justice, 31969R1442, July 26, 1969
  • Regulation (ECSC, EEC, Euratom) No 721/70 of the Councilof 20 March 1970amending Council Regulation No 422/67/EEC, 5/67 Euratom of 25 July 1967 determining the emoluments of the President and members of the Commission and of the President, Judges, Advocates-General and Registrar of the Court of Justice, 31970R0721, April 23, 1970
  • Regulation (ECSC, EEC, Euratom) No 2163/70 of the Councilof 27 October 1970amending Regulation No 422/67/EEC, 5/67/Euratom determining the emoluments of the President and members of the Commission, and of the President, Judges, Advocates-General and Registrar of the Court of Justice, 31970R2163, October 29, 1970
  • Regulation (EEC, Euratom, ECSC) No 723/71 of the Councilof 30 March 1971amending Regulation No 422/67/EEC, 5/67/Euratom determining the emoluments of the President and members of the Commission and of the President, Judges, Advocates-General and Registrar of the Court of Justice, 31971R0723, April 5, 1971
  • Council Regulation (EEC, Euratom, ECSC) No 519/72of 15 March 1972amending Regulation No 422/67/EEC, No 5/67/Euratom determining the emoluments of the President and Members of the Commission and of the President, Judges, Advocates-General and Registrar of the Court of Justice, 31972R0519, March 16, 1972
  • Regulation (ECSC, EEC, Euratom) No 2690/72 of the Councilof 19 December 1972amending Regulation No 422/67/EEC, No 5/67/Euratom determining the emoluments of the President and Members of the Commission and of the President, Judges, Advocates-General and Registrar of the Court of Justice, 31972R2690, December 23, 1972
  • Regulation (ECSC, EEC, Euratom) No 1546/73 of the Councilof 4 June 1973amending Regulation No 422/67/EEC, No 5/67/Euratom determining the emoluments of the President and Members of the Commission and of the President, Judges, Advocates-General and Registrar of the Court of Justice, 31973R1546, June 11, 1973
  • Council Regulation (ECSC, EEC, Euratom) No 142/76of 20 January 1976amending Regulation No 422/67/EEC, No 5/67/Euratom determining the emoluments of the President and members of the Commission and of the President, Judges, Advocates-General and Registrar of the Court of Justice, 31976R0142, January 24, 1976
  • Council Regulation (ECSC, EEC, Euratom) No 143/76of 20 January 1976adapting the representation and special-duty allowances for the President and members of the Commission and the President, Judges, Advocates-General and Registrar of the Court of Justice, 31976R0143, January 24, 1976
  • Council Regulation (Euratom, ECSC, EEC) No 1416/81of 19 May 1981amending Regulation (EEC, Euratom, ECSC) No 2290/77 determining the emoluments of the members of the Court of Auditors and Regulation No 422/67/EEC, 5/67/Euratom determining the emoluments of the President and members of the Commission and of the President, Judges, Advocates-General and Registrar of the Court of Justice, 31981R1416, May 28, 1981
  • Council Regulation (Euratom, ECSC, EEC) No 3822/81of 15 December 1981amending Regulation No 422/67/EEC, No 5/67/Euratom determining the emoluments of the President and members of the Commission, and of the President, Judges, Advocates-General and Registrar of the Court of Justice, Regulation (ECSC, EEC, Euratom) No 1240/70 determining the emoluments of former members of the Commission of the European Communities whose duties end on 1 July 1970, Regulation No 423/67/EEC, No 6/67/Euratom determining the emoluments of the members of the EEC and Euratom Commissions and of the High Authority who have not been appointed members of the single Commission of the European Communities, and Regulation (EEC, Euratom, ECSC) No 2290/77 determining the emoluments of the members of the Court of Auditors, 31981R3822, December 31, 1981
  • Council Regulation (ECSC, EEC, Euratom) No 3678/85of 20 December 1985adapting the representation and special-duty allowances for the President and members of the Commission and the President, Judges, Advocates-General and Registrar of the Court of Justice, 31985R3678, December 28, 1985
  • Council Regulation (EEC, Euratom, ECSC) No 4068/86of 22 December 1986adapting the representation and special-duty allowance for the President and members of the Commission and the President, Judges, Advocates-General and Registrar of the Court of Justice, 31986R4068, December 31, 1986
  • Council Regulation (Euratom, ECSC, EEC) No 3875/87of 18 December 1987adapting the representation and special-duty allowance for the President and Members of the Commission and the President, Judges, Advocates-General and Registrar of the Court of Justice, 31987R3875, December 23, 1987
  • Council Regulation (ECSC, EEC, Euratom) No 4045/88of 19 December 1988laying down the emoluments of the President, Members and Registrar of the Court of First Instance of the European Communities, 31988R4045, December 24, 1988
  • Council Regulation (ECSC, EEC, Euratom) No 4046/88of 19 December 1988adapting the representation and special-duty allowances for the President and Members of the Commission and the President, Judges, Advocates-General and Registrar of the Court of Justice, 31988R4046, December 24, 1988
  • Council Regulation (EEC, Euratom, ECSC) No 3777/89of 14 December 1989adapting the representation and special-duty allowances for the President and members of the Commission, the President, Judges, Advocates-General and Registrar of the Court of Justice and the President, members and Registrar of the Court of First Instance, 31989R3777, December 16, 1989
  • Council Regulation (Euratom, ECSC, EEC) No 3911/90of 21 December 1990adapting the representation and special-duty allowances for the President and Members of the Commission, the President, Judges, Advocates-General and Registrar of the Court of Justice and the President, Members and Registrar of the Court of First Instance, 31990R3911, December 31, 1990
  • Council Regulation (ECSC, EEC, Euratom) No 2426/91of 29 July 1991amending Regulation No 422/67/EEC-5/67/Euratom determining the emoluments of the President and Members of the Commission, the President, Judges, Advocates-General and Registrar of the Court of Justice and the President, Members and Registrar of the Court of First Instance and Regulation (EEC, Euratom, ECSC) No 2290/77 determining the emoluments of the Members of the Court of Auditors, 31991R2426, August 10, 1991
  • Council Regulation (ECSC, EEC, Euratom) No 3835/91of 19 December 1991adapting the representation and special-duty allowances for the President and Members of the Commission, the President, Judges, Advocates-General and Registrar of the Court of Justice and the President, Members and Registrar of the Court of First Instance, 31991R3835, December 31, 1991
  • Council Regulation (EEC, Euratom, ECSC) No 1084/92of 28 April 1992amending Regulation No 422/67/EEC, No 5/67/Euratom determining the emoluments of the President and Members of the Commission, of the President, Judges, Advocates-General and Registrar of the Court of Justice and of the President, Members and Registrar of the Court of First Instance, and Regulation (EEC, Euratom, ECSC) No 2290/77 determining the emoluments of the Members of the Court of Auditors, 31992R1084, May 1, 1992
  • Council Regulation (EEC, Euratom, ECSC) No 3762/92of 21 December 1992adapting the representation and special-duty allowances for the President and Members of the Commission, the President, Judges, Advocates-General and Registrar of the Court of Justice and the President, Members and Registrar of the Court of First Instance, 31992R3762, December 29, 1992
  • Council Regulation (EC, ECSC, Euratom) No 2778/98of 17 December 1998amending Regulation No 422/67/EEC, No 5/67/Euratom determining the emoluments of the President and Members of the Commission, of the President, Judges, Advocates-General and Registrar of the Court of Justice and of the President, Members and Registrar of the Court of First Instance, 31998R2778, December 23, 1998
  • Council Regulation (EC, Euratom) No 1292/2004of 30 April 2004amending Regulation No 422/67/EEC, No 5/67/Euratom determining the emoluments of the President and Members of the Commission and of the President, Judges, Advocates General and Registrar of the Court of Justice and of the President, Members and Registrar of the Court of First InstanceCorrigendum to Council Regulation (EC, Euratom) No 1292/2004 of 30 April 2004 amending Regulations No 422/67/EEC and No 5/67/Euratom determining the emoluments of the President and Members of the Commission and of the President, Judges, Advocates-General and Registrar of the Court of Justice and of the President, Members and Registrar of the Court of First Instance(Official Journal of the European Union L 243 of 15 July 2004), 32004R129232004R1292R(01), July 15, 2004
  • Council Regulation (EC, Euratom) No 202/2005of 18 January 2005amending Regulation No 422/67/EEC, No 5/67/Euratom determining the emoluments of the President and Members of the Commission and of the President, Judges, Advocates-General and Registrar of the Court of Justice and of the President, Members and Registrar of the Court of First InstanceCorrigendum to Council Regulation (EC, Euratom) No 202/2005 of 18 January 2005 amending Regulation No 422/67/EEC, No 5/67/Euratom determining the emoluments of the President and Members of the Commission and of the President, Judges, Advocates-General and Registrar of the Court of Justice and of the President, Members and Registrar of the Court of First Instance(Official Journal of the European Union L 33 of 5 February 2005), 32005R020232005R0202R(01), February 5, 2005
  • Council Regulation (EU, Euratom) No 904/2012of 24 September 2012amending Regulation No 422/67/EEC, No 5/67/Euratom determining the emoluments of the President and Members of the Commission, of the President, Judges, Advocates-General and Registrar of the Court of Justice of the Communities, of the President, Members and Registrar of the Court of First Instance and of the President, Members and Registrar of the European Union Civil Service Tribunal, 32012R0904, October 4, 2012
  • Council Regulation (EU) 2016/300of 29 February 2016determining the emoluments of EU high-level public office holders, 32016R0300, March 4, 2016
Corrected by
  • Corrigendum to Council Regulation (EC, Euratom) No 1292/2004 of 30 April 2004 amending Regulations No 422/67/EEC and No 5/67/Euratom determining the emoluments of the President and Members of the Commission and of the President, Judges, Advocates-General and Registrar of the Court of Justice and of the President, Members and Registrar of the Court of First Instance, 32004R1292R(01), August 18, 2004
  • Corrigendum to Council Regulation (EC, Euratom) No 202/2005 of 18 January 2005 amending Regulation No 422/67/EEC, No 5/67/Euratom determining the emoluments of the President and Members of the Commission and of the President, Judges, Advocates-General and Registrar of the Court of Justice and of the President, Members and Registrar of the Court of First Instance, 32005R0202R(01), August 29, 2007
Regulation No 422/67/EEC, No 5/67/Euratom of the Councilof 25 July 1967determining the emoluments of the President and Members of the Commission, of the President, Judges, Advocates-General and Registrar of the Court of Justice, of the President, Members and Registrar of the General Court and of the President, Members and Registrar of the European Union Civil Service Tribunal
Article 1From the date of taking up their duties until the last day of the month in which they cease to hold office, members of the Commission and members of the Court shall be entitled to a basic salary, family allowances and other allowances.For the purposes of this Regulation, non-marital partnerships shall be treated as marriage provided that all the conditions listed in Article 1(2)(c) of Annex VII to the Staff Regulations of officials of the European Communities are fulfilled. The unmarried partner of a member or former member shall be considered as their spouse under the sickness insurance scheme where the conditions set out in points (i), (ii) and (iii) of paragraph (2)(c) of that Article are met.
Article 21.The basic monthly salary of Members of the Commission shall be equal to the amount resulting from application of the following percentages to the basic salary of an official of the European Communities on the third step of grade 16:
President138 %,
Vice-President125 %,
Other Members112·5 %.
2.The basic monthly salary of Members of the Court of Justice shall be equal to the amount resulting from the application of the following percentages to the basic salary of an official of the European Communities on the third step of grade 16:
President138 %,
Vice-President125 %,
Judge or Advocate-General112·5 %,
Registrar101 %.
3.However, from 1 May 2004 to 30 April 2006, the terms "the third step of grade 16" in paragraphs 1 and 2 shall read "the third step of grade A*16".
Article 3Members of the Commission and the Court of Justice shall be entitled to family allowances fixed by analogy with the provisions of Article 67 of the Staff Regulations and Articles 1 to 3 of Annex VII to those Regulations.
Article 41.Members of the Commission or of the Court shall be entitled to a residence allowance equal to 15 % of their basic salary.2.Members of the Commission shall receive a monthly entertainment allowance amounting to:
PresidentEUR 1418,07,
Vice-PresidentEUR 911,38,
Other MembersEUR 607,71.
3.Members of the Court of Justice shall receive a monthly entertainment allowance amounting to:
PresidentEUR 1418,07,
Vice-PresidentEUR 911,38,
Judge or Advocate-GeneralEUR 607,71,
RegistrarEUR 554,17.
Presiding Judges of Chambers of the Courtand the First Advocate-General shall in addition receive during their term of office a special duty allowance of EUR 810,74 per month.4.The allowances referred to in paragraphs 2 and 3 shall be increased annually by the Council acting by a qualified majority, allowing for the increase in the cost of living.
Article 4aThe basic salaries referred to in Article 2, the family allowances referred to in Article 3, and the allowances referred to in Article 4 (1), shall be subject to the weighting fixed by the Council pursuant to Articles 64 and 65 of the Staff Regulations for officials of the European Communities in respect of officials employed in Belgium.
Article 4bArticle 17 of Annex VII to the Staff Regulations shall apply by analogy to the President and Members of the Commission, the President, Judges, Advocates General and Registrar of the Court of Justice and the President, Members and Registrar of the General Court.
Article 5On taking up his duties and on ceasing to hold office a member of the Commission or of the Court shall be entitled to:(a)an installation allowance equal to two months' basic salary on taking up his duties and a resettlement allowance equal to one month's basic salary on ceasing to hold office;(b)reimbursement of travelling expenses incurred by a member of the Commission or of the Court for himself and for members of his family, and reimbursement of the cost of removal of his personal effects and furniture, including insurance against ordinary risks (theft, breakage, fire).If his term of office is renewed he shall not be entitled to any of the allowances set out in this Article. Nor shall he be so entitled it he is appointed member of another institution of the Communities, if that institution has its provisional seat in the town where he was fomerly required to reside by reason of his office and if at the time of the new appointment he has not already effected his resettlement.
Article 6A member of the Commission or of the Court required in the course of his duties to travel away from the provisional seat of his institution shall be entitled to:(a)reimbursement of travelling expenses;(b)reimbursement of hotel expenses (room, service and taxes only);(c)a subsistence allowance equal, for each complete day of absence, to 105 % of the daily subsistence allowance as laid down in the Staff Regulations for officials of the European Communitiefor a grade A 1 official on mission.
Article 71.For three years from the first day of the month following that in which he ceases to hold office, a former member of the Commission or of the Court of Justice shall receive a monthly transitional allowance determined in accordance with the following procedure:40 % of the basic salary which he was receiving when he ceased to hold office if his period of service is less than two years;45 % of the same salary if that period is over two years but less than three years;50 % of the same salary if that period is more than three years and less than five years;55 % of the same salary if that period is more than five years and less than ten years;60 % of the same salary if that period is more than ten years and less than fifteen years;65 % of the same salary in other cases.2.Entitlement to this allowance shall cease if the former member of the Commission or of the Court is reappointed to office in one of the institutions of the Communities or upon his death. In the event of reappointment, the allowance shall be paid up to the date of taking up his duties; in the event of death the payment for the month in which death occurred shall be the last.3.If, during this three-year period the person concerned takes up any new gainful activity, the amount by which his gross monthly remuneration (i.e. before deduction of taxes) together with the allowance provided for in paragraph 1 exceeds the remuneration, before deduction of taxes, which he was receiving as a member of the Commission or of the Court under Articles 2, 3 and 4 (1) shall be deducted from the allowance. In calculating the amount of remuneration received for the new activity, all forms of remuneration shall be included, except those representing reimbursement of expenses.4.On the date when he ceases to hold office, on 1 January of each year thereafter and in the event of any changes in his financial situation, a member of the Commission or of the Court shall declare to the President of the institution in which he was previously employed all forms of remuneration received for his services, except those representing reimbursement of expenses.Additional remuneration legitimately received by the former member in the course of his duty as a member of the Commission or of the Court shall not be deductible from the transitional allowance.This declaration must be made in good faith and shall be treated as confidential. The information contained therein shall not be used otherwise than for the purposes of this Regulation and shall not be communicated to third persons.5.Throughout the period of three years mentioned in paragraph 1, the former member of the Commission or of the Court shall be entitled to the family allowances provided for in Article 3.
Article 81.After ceasing to hold office, members of the Commission or of the Court shall be entitled to a pension for life payable from the date when they reached the age of sixty-five years.2.They may, however, ask to start drawing such pension from the age of sixty years. In that case a coefficient shall be applied to the pension as follows:
60 years0·70
61 years0·75
62 years0·80
63 years0·87
64 years0·95
Article 9The amount of the pension shall be 4,275 % of the basic salary last received for each full year in office and one-twelfth of that sum for each complete month. The maximum pension shall be 70 % of the basic salary last received.When the person concerned has performed various duties in the Commission or Court of Justice, the salary on which the pension is to be calculated shall be related to the proportion of time spent by the person concerned in each of those various duties. This paragraph shall not apply to members of the Commission or of the Court who are in office on the date of entry into force of this Regulation or who cease to hold office before that date, if they so request.By derogation from the first subparagraph, for Members of the Commission and of the Court of Justice in office before 1 May 2004, and until the end of their functions in, respectively, the Commission and the Court of Justice, the amount of the pension shall be 4,5 % of the basic salary last received for each full year in office.
Article 10A member of the Commission or of the Court who is suffering from disablement deemed to be total which prevents him from performing his duties and who on these grounds resigns or is compelled to resign shall be entitled from the date of resignation or compulsory resignation to the following benefits;(a)Where disablement is recognised as permanent, he shall be entitled to a pension for life calculated in accordance with the provisions of Article 9, which shall be not less than 30 % of the basic salary last received. He shall be entitled to the maximum pension if the incapacity is the result of disablement or illness contracted in the performance of his duties;(b)Where disablement is temporary, he shall be entitled, until he recovers, to a pension at the rate of 60 % of the basic salary last received, if the disablement or illness was contracted in the performance of his duties, and 30 % in other cases. When the recipient of such disability pension reaches the age of sixty-five years or the disability pension has been in effect for seven years it shall be replaced by a pension for life calculated in accordance with the provisions of Article 9.
Article 11Members of the Commission or of the Court shall be entitled to sickness, occupational disease, industrial accident and birth and death benefits under the social security scheme provided for in the Staff Regulations of Officials of the European Communities.The first paragraph shall also apply to former Members of the Commission or of the Court who benefit either under the pension scheme provided for in Article 8 or under the transitional allowance provided for in Article 7 or under the disability pension scheme provided for in Article 10.However, former Members of the Commission or of the Court shall be covered by the provisions of Article 72 of the Staff Regulations of officials of the European Communities on condition that they are not in gainful employment and that they cannot be covered by a national sickness insurance scheme.Nevertheless, a former Member of the Commission or of the Court who has held office at least until the age of 63 or is entitled to benefit under the disability pension scheme provided for in Article 10 shall continue to be entitled without restriction to sickness benefits under the scheme provided for in the Staff Regulations. If he is not in receipt of the transitional allowance provided for in Article 7 and is not entitled to benefit under either the pension scheme provided for in Article 8 or the disability pension scheme provided for in Article 10, the former Member of the Commission or the Court shall be obliged to pay half the contributions necessary to cover such risks. The contributions shall be calculated on the basis of the last transitional allowance, adjusted to take account of successive adaptations.A former Member of the Commission or of the Court who has ceased to hold office before the age of 63 and who, at the end of the period during which he is in receipt of the transitional allowance provided for in Article 7, is not entitled to benefit under either the pension scheme provided for in Article 8 or the disability pension scheme provided for in Article 10 may continue to qualify for the cover provided for in the second and third paragraphs of this Article, provided that he does not engage in any gainful occupationenabling him to be covered by another public sickness insurance scheme. He must then pay the full amount of the contributions necessary for the cover provided for in Article 72 (1) of the Staff Regulations of Officials of the European Communities. The contributions shall be calculated on the basis of the last transitional allowance, adjusted to take account of successive adaptations.
Article 12Where a third party is responsible for the disablement or death of a member, the rights of that member or those entitled under him to bring legal proceedings against the third party shall devolve on the Community to the extent to which they incur obligations under this pension scheme.
Article 13The transitional allowance provided for in Article 7, the pension provided for in Article 8 and the pensions provided for in Article 10 shall not be drawn concurrently by the same person. Where a member of the Commission or of the Court is entitled to claim benefit under more than one of those provisions, only that provision which is the most favourable to the claimant shall be applied.
Article 14Where a member of the Commission or Court dies during his term of office, the surviving spouse or dependent children shall be entitled, until the end of the third month following that in which death occurrs, to the remuneration to which the member of the Commission or of the Court would have been entitled under Articles 2, 3 and 4 (1).
Article 151.The surviving spouse and children dependent at the time of death of the member or former member of the Commission or of the Court to whom pension rights have accrued at the time of his death shall be entitled to a survivor's pension.That pension shall be equal to a percentage of the pension accruing to the member or former member of the Commission or of the Court under Article 9 at the date of death, namely:
For a surviving spouse …60 %
For each child where either the mother or the father is dead …10 %
For each child where both father and mother are dead …20 %
However, if the death of the member of the Court of Auditors occurs during his term of office,the survivor's pension for the surviving spouse shall be equal to 36 % of the basic salary received at the time of death,the survivor's pension for a first orphan of both father and mother shall not be less than 12 % of the basic salary received at the time of death. Where several orphans of both mother and father are left, the total amount of the survivor's pension shall be divided equally among the orphans entitled.2.The total amount of these survivors' pensions shall not exceed the amount of the pension of the member or former member of the Commission or of the Court on which they are calculated. The maximum total survivors' pensions payable shall be divided, where applicable, between the beneficiaries in accordance with the above percentages.3.Survivors' pensions shall be granted from the first day of the calendar month following the date of death; however, where the provisions of Article 14 are applied, eligibility shall not commence until the first day of the fourth month following that in which death occurred.4.Entitlement to a survivor's pension shall cease at the end of the calendar month in which the person entitled dies. Moreover, entitlement to an orphan's pension shall cease at the end of the month in which the child reaches the age of twenty-one years. However, entitlement shall be extended while the child is receiving vocational training, though not beyond the end of the month in which he reaches the age of twenty-five years.The pension shall remain payable to an orphan who is prevented through illness or disablement from earning a livelihood.5.Where a former member of the Commission or of the Court marries and at the date of marriage has accrued pension rights under this Regulation, the spouse and any children of the marriage shall not be entitled to a survivor's pension save where the marriage precedes the death of the former member of the Commission or of the Court by five years or more.6.A surviving spouse's entitlement to a survivor's pension shall cease on remarriage. The surviving spouse shall then be entitled to immediate payment of a lump sum equal to twice the annual amount of the survivor's pension.7.Where a member leaves a surviving spouse and also orphans of a previous marriage or other persons entitled under him, or where he leaves orphans of different marriages, the total pension shall be apportioned by analogy with the provisions of Articles 22, 27 and 28 of Annex VIII to the Staff Regulations for officials.8.The surviving spouse and dependent children of a Member or former Member of the Commission or of the Court shall be entitled to sickness benefits under the social security scheme provided for in the Staff Regulations of Officials of the European Communities if they are not eligible for benefits of the same nature and of the same level under another social security scheme.
Article 16A member of the Commission or of the Court who is relieved of his duties on grounds of serious misconduct shall forfeit any right to transitional allowance and retirement pension; this shall not, however, affect those entitled under him.
Article 17Should the Council decide to increase the basic salary, it shall at the same time decide on an appropriate increase in the rates of existing pensions.
Article 18Payment of the benefits provided for in this pension scheme shall be entered in the budget of the Communities. Member States shall jointly guarantee payment of these benefits in accordance with the scale for financing such expenditure.
Article 191.Payment of the sums due under Articles 2, 3, 4, 5, 11 and 14 shall be made in euro.2.No weighting shall be applied to the sums due under Articles 7, 8, 10 and 15.These sums shall be paid to beneficiaries residing in the European Union in euro, into a bank in the country of residence.For beneficiaries residing outside the European Union, pensions shall be paid, in euro, into a bank in the country of residence. The pension may by way of exception be paid in euro into a bank in the country where the institution has its headquarters, or in foreign currency in the country of residence of the pensioner, converted at the most up-to-date exchange rates used for the implementation of the general budget of the European Communities.
Article 19aArticle 66a of the Staff Regulations of Officials shall apply mutatis mutandis to the President and Members of the Commission, the President, Judges, Advocates-General and Registrar of the Court of Justice and the President, Members and Registrar of the General Court.
Article 20This Regulation shall apply to former members of the Commission of the European Economic Community, the Commission of the European Atomic Energy Community, the High Authority or the Court of Justice and to their dependants who, at the time this Regulation enters into force, are covered by the provisions of Council Regulation No 63 (EEC)OJ No 62, 19.7.1962, p. 1724/62. Council Regulation No 14 (EAEC),OJ No 62, 19.7.1962, p. 1730/62. the Decision of the Special Council of Ministers of the (EAEC)OJ No 62, 19.7.1962, p. 1734/62. of 22 May 1962 or Regulation of the Councils No 62 (EEC), 13 (EAEC)OJ No 62, 19.7.1962, p. 1713/62.
Article 21The Regulation laying down the conditions and procedure for applying the tax for the benefit of the Communities shall apply to members of the Commission and the Court. Until that Regulation enters into force, Regulation No 32 (EEC), 12 (EAEC)OJ No 45, 14.6.1962, p. 1461/62. shall be applicable.
Article 21a1.Subject to paragraph 2 and 3, the provisions of this Regulation concerning the President, Members and the Registrar of the Court of Justice shall apply to the President, Members and Registrar of the General Court.2.The basic monthly salary of the President, Vice-President, Members and Registrar of the General Court shall be equal to the amount resulting from application of the following percentages to the basic salary of an official of the European Union on the third step of grade 16:—President112,5 %,—Vice-President108 %,—Members104 %,—Registrar95 %.3.The monthly entertainment allowance referred to in Article 4 (3) shall amount to:
President:EUR 607,71,
Vice-PresidentEUR 573,98,
Members:EUR 554,17,
Registrar:EUR 471,37.
Presiding Judges of the Chambers of the Court shall in addition receive, during their term of office, a special duty allowance of EUR 739,47 per month.
Article 21b1.Articles 14, 15, 16, 17 and 19 of Annex XIII to the Staff Regulations of officials of the European Communities shall apply by analogy to the President and Members of the Commission, the President, Judges, Advocates General and Registrar of the Court of Justice and the President, Members and Registrar of the General Court.2.Articles 20, 24 and 25 of Annex XIII to the Staff Regulations of officials of the European Communities shall apply by analogy to the beneficiaries of the sums due under Articles 7, 8, 10 and 15.
Article 21c1.Subject to paragraphs 2 and 3, the provisions of this Regulation concerning the President, Members and Registrar of the Court of Justice and the President, Members and Registrar of the General Court shall apply to the President, Members and Registrar of the Civil Service Tribunal.2.The basic monthly salary of the President, Members and Registrar of the Civil Service Tribunal shall be equal to the amount resulting from application of the following percentages to the basic salary of an official of the European Communities on the third step of grade 16 (the third step of grade A*16 until 30 April 2006):—President104 %,—Members100 %,—Registrar90 %.3.The monthly entertainment allowance referred to in Article 4(3) shall amount to:—PresidentEUR 554,—MembersEUR 500,—RegistrarEUR 400.The President of the Civil Service Tribunal and the Presidents of the chambers of three judges shall in addition receive, during their term of office, a special duty allowance of EUR 500 per month.
Article 22This Regulation shall apply from 6 July 1967.Council Regulation No 63 (EEC), 14 (EAEC), the Decision of the Special Council of Ministers of the European Coal and Steel Community of 22 May 1962 and Regulation of the Councils No 62 (EEC), 13 (EAEC) are hereby repealed, with the exception of Article 20.The Decision of the Special Council of Ministers of the European Coal and Steel Community of 13 and 14 October 1958 shall remain in force.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Article 1From the date of taking up their duties until the last day of the month in which they cease to hold office, members of the Commission and members of the Court shall be entitled to a basic salary, family allowances and other allowances.For the purposes of this Regulation, non-marital partnerships shall be treated as marriage provided that all the conditions listed in Article 1(2)(c) of Annex VII to the Staff Regulations of officials of the European Communities are fulfilled. The unmarried partner of a member or former member shall be considered as their spouse under the sickness insurance scheme where the conditions set out in points (i), (ii) and (iii) of paragraph (2)(c) of that Article are met.
Article 21.The basic monthly salary of Members of the Commission shall be equal to the amount resulting from application of the following percentages to the basic salary of an official of the European Communities on the third step of grade 16:
President138 %,
Vice-President125 %,
Other Members112·5 %.
2.The basic monthly salary of Members of the Court of Justice shall be equal to the amount resulting from the application of the following percentages to the basic salary of an official of the European Communities on the third step of grade 16:
President138 %,
Vice-President125 %,
Judge or Advocate-General112·5 %,
Registrar101 %.
3.However, from 1 May 2004 to 30 April 2006, the terms "the third step of grade 16" in paragraphs 1 and 2 shall read "the third step of grade A*16".
Article 3Members of the Commission and the Court of Justice shall be entitled to family allowances fixed by analogy with the provisions of Article 67 of the Staff Regulations and Articles 1 to 3 of Annex VII to those Regulations.
Article 41.Members of the Commission or of the Court shall be entitled to a residence allowance equal to 15 % of their basic salary.2.Members of the Commission shall receive a monthly entertainment allowance amounting to:
PresidentEUR 1418,07,
Vice-PresidentEUR 911,38,
Other MembersEUR 607,71.
3.Members of the Court of Justice shall receive a monthly entertainment allowance amounting to:
PresidentEUR 1418,07,
Vice-PresidentEUR 911,38,
Judge or Advocate-GeneralEUR 607,71,
RegistrarEUR 554,17.
Presiding Judges of Chambers of the Courtand the First Advocate-General shall in addition receive during their term of office a special duty allowance of EUR 810,74 per month.4.The allowances referred to in paragraphs 2 and 3 shall be increased annually by the Council acting by a qualified majority, allowing for the increase in the cost of living.
Article 4aThe basic salaries referred to in Article 2, the family allowances referred to in Article 3, and the allowances referred to in Article 4 (1), shall be subject to the weighting fixed by the Council pursuant to Articles 64 and 65 of the Staff Regulations for officials of the European Communities in respect of officials employed in Belgium.
Article 4bArticle 17 of Annex VII to the Staff Regulations shall apply by analogy to the President and Members of the Commission, the President, Judges, Advocates General and Registrar of the Court of Justice and the President, Members and Registrar of the General Court.
Article 5On taking up his duties and on ceasing to hold office a member of the Commission or of the Court shall be entitled to:(a)an installation allowance equal to two months' basic salary on taking up his duties and a resettlement allowance equal to one month's basic salary on ceasing to hold office;(b)reimbursement of travelling expenses incurred by a member of the Commission or of the Court for himself and for members of his family, and reimbursement of the cost of removal of his personal effects and furniture, including insurance against ordinary risks (theft, breakage, fire).If his term of office is renewed he shall not be entitled to any of the allowances set out in this Article. Nor shall he be so entitled it he is appointed member of another institution of the Communities, if that institution has its provisional seat in the town where he was fomerly required to reside by reason of his office and if at the time of the new appointment he has not already effected his resettlement.
Article 6A member of the Commission or of the Court required in the course of his duties to travel away from the provisional seat of his institution shall be entitled to:(a)reimbursement of travelling expenses;(b)reimbursement of hotel expenses (room, service and taxes only);(c)a subsistence allowance equal, for each complete day of absence, to 105 % of the daily subsistence allowance as laid down in the Staff Regulations for officials of the European Communitiefor a grade A 1 official on mission.
Article 71.For three years from the first day of the month following that in which he ceases to hold office, a former member of the Commission or of the Court of Justice shall receive a monthly transitional allowance determined in accordance with the following procedure:40 % of the basic salary which he was receiving when he ceased to hold office if his period of service is less than two years;45 % of the same salary if that period is over two years but less than three years;50 % of the same salary if that period is more than three years and less than five years;55 % of the same salary if that period is more than five years and less than ten years;60 % of the same salary if that period is more than ten years and less than fifteen years;65 % of the same salary in other cases.2.Entitlement to this allowance shall cease if the former member of the Commission or of the Court is reappointed to office in one of the institutions of the Communities or upon his death. In the event of reappointment, the allowance shall be paid up to the date of taking up his duties; in the event of death the payment for the month in which death occurred shall be the last.3.If, during this three-year period the person concerned takes up any new gainful activity, the amount by which his gross monthly remuneration (i.e. before deduction of taxes) together with the allowance provided for in paragraph 1 exceeds the remuneration, before deduction of taxes, which he was receiving as a member of the Commission or of the Court under Articles 2, 3 and 4 (1) shall be deducted from the allowance. In calculating the amount of remuneration received for the new activity, all forms of remuneration shall be included, except those representing reimbursement of expenses.4.On the date when he ceases to hold office, on 1 January of each year thereafter and in the event of any changes in his financial situation, a member of the Commission or of the Court shall declare to the President of the institution in which he was previously employed all forms of remuneration received for his services, except those representing reimbursement of expenses.Additional remuneration legitimately received by the former member in the course of his duty as a member of the Commission or of the Court shall not be deductible from the transitional allowance.This declaration must be made in good faith and shall be treated as confidential. The information contained therein shall not be used otherwise than for the purposes of this Regulation and shall not be communicated to third persons.5.Throughout the period of three years mentioned in paragraph 1, the former member of the Commission or of the Court shall be entitled to the family allowances provided for in Article 3.
Article 81.After ceasing to hold office, members of the Commission or of the Court shall be entitled to a pension for life payable from the date when they reached the age of sixty-five years.2.They may, however, ask to start drawing such pension from the age of sixty years. In that case a coefficient shall be applied to the pension as follows:
60 years0·70
61 years0·75
62 years0·80
63 years0·87
64 years0·95
Article 9The amount of the pension shall be 4,275 % of the basic salary last received for each full year in office and one-twelfth of that sum for each complete month. The maximum pension shall be 70 % of the basic salary last received.When the person concerned has performed various duties in the Commission or Court of Justice, the salary on which the pension is to be calculated shall be related to the proportion of time spent by the person concerned in each of those various duties. This paragraph shall not apply to members of the Commission or of the Court who are in office on the date of entry into force of this Regulation or who cease to hold office before that date, if they so request.By derogation from the first subparagraph, for Members of the Commission and of the Court of Justice in office before 1 May 2004, and until the end of their functions in, respectively, the Commission and the Court of Justice, the amount of the pension shall be 4,5 % of the basic salary last received for each full year in office.
Article 10A member of the Commission or of the Court who is suffering from disablement deemed to be total which prevents him from performing his duties and who on these grounds resigns or is compelled to resign shall be entitled from the date of resignation or compulsory resignation to the following benefits;(a)Where disablement is recognised as permanent, he shall be entitled to a pension for life calculated in accordance with the provisions of Article 9, which shall be not less than 30 % of the basic salary last received. He shall be entitled to the maximum pension if the incapacity is the result of disablement or illness contracted in the performance of his duties;(b)Where disablement is temporary, he shall be entitled, until he recovers, to a pension at the rate of 60 % of the basic salary last received, if the disablement or illness was contracted in the performance of his duties, and 30 % in other cases. When the recipient of such disability pension reaches the age of sixty-five years or the disability pension has been in effect for seven years it shall be replaced by a pension for life calculated in accordance with the provisions of Article 9.
Article 11Members of the Commission or of the Court shall be entitled to sickness, occupational disease, industrial accident and birth and death benefits under the social security scheme provided for in the Staff Regulations of Officials of the European Communities.The first paragraph shall also apply to former Members of the Commission or of the Court who benefit either under the pension scheme provided for in Article 8 or under the transitional allowance provided for in Article 7 or under the disability pension scheme provided for in Article 10.However, former Members of the Commission or of the Court shall be covered by the provisions of Article 72 of the Staff Regulations of officials of the European Communities on condition that they are not in gainful employment and that they cannot be covered by a national sickness insurance scheme.Nevertheless, a former Member of the Commission or of the Court who has held office at least until the age of 63 or is entitled to benefit under the disability pension scheme provided for in Article 10 shall continue to be entitled without restriction to sickness benefits under the scheme provided for in the Staff Regulations. If he is not in receipt of the transitional allowance provided for in Article 7 and is not entitled to benefit under either the pension scheme provided for in Article 8 or the disability pension scheme provided for in Article 10, the former Member of the Commission or the Court shall be obliged to pay half the contributions necessary to cover such risks. The contributions shall be calculated on the basis of the last transitional allowance, adjusted to take account of successive adaptations.A former Member of the Commission or of the Court who has ceased to hold office before the age of 63 and who, at the end of the period during which he is in receipt of the transitional allowance provided for in Article 7, is not entitled to benefit under either the pension scheme provided for in Article 8 or the disability pension scheme provided for in Article 10 may continue to qualify for the cover provided for in the second and third paragraphs of this Article, provided that he does not engage in any gainful occupationenabling him to be covered by another public sickness insurance scheme. He must then pay the full amount of the contributions necessary for the cover provided for in Article 72 (1) of the Staff Regulations of Officials of the European Communities. The contributions shall be calculated on the basis of the last transitional allowance, adjusted to take account of successive adaptations.
Article 12Where a third party is responsible for the disablement or death of a member, the rights of that member or those entitled under him to bring legal proceedings against the third party shall devolve on the Community to the extent to which they incur obligations under this pension scheme.
Article 13The transitional allowance provided for in Article 7, the pension provided for in Article 8 and the pensions provided for in Article 10 shall not be drawn concurrently by the same person. Where a member of the Commission or of the Court is entitled to claim benefit under more than one of those provisions, only that provision which is the most favourable to the claimant shall be applied.
Article 14Where a member of the Commission or Court dies during his term of office, the surviving spouse or dependent children shall be entitled, until the end of the third month following that in which death occurrs, to the remuneration to which the member of the Commission or of the Court would have been entitled under Articles 2, 3 and 4 (1).
Article 151.The surviving spouse and children dependent at the time of death of the member or former member of the Commission or of the Court to whom pension rights have accrued at the time of his death shall be entitled to a survivor's pension.That pension shall be equal to a percentage of the pension accruing to the member or former member of the Commission or of the Court under Article 9 at the date of death, namely:
For a surviving spouse …60 %
For each child where either the mother or the father is dead …10 %
For each child where both father and mother are dead …20 %
However, if the death of the member of the Court of Auditors occurs during his term of office,the survivor's pension for the surviving spouse shall be equal to 36 % of the basic salary received at the time of death,the survivor's pension for a first orphan of both father and mother shall not be less than 12 % of the basic salary received at the time of death. Where several orphans of both mother and father are left, the total amount of the survivor's pension shall be divided equally among the orphans entitled.2.The total amount of these survivors' pensions shall not exceed the amount of the pension of the member or former member of the Commission or of the Court on which they are calculated. The maximum total survivors' pensions payable shall be divided, where applicable, between the beneficiaries in accordance with the above percentages.3.Survivors' pensions shall be granted from the first day of the calendar month following the date of death; however, where the provisions of Article 14 are applied, eligibility shall not commence until the first day of the fourth month following that in which death occurred.4.Entitlement to a survivor's pension shall cease at the end of the calendar month in which the person entitled dies. Moreover, entitlement to an orphan's pension shall cease at the end of the month in which the child reaches the age of twenty-one years. However, entitlement shall be extended while the child is receiving vocational training, though not beyond the end of the month in which he reaches the age of twenty-five years.The pension shall remain payable to an orphan who is prevented through illness or disablement from earning a livelihood.5.Where a former member of the Commission or of the Court marries and at the date of marriage has accrued pension rights under this Regulation, the spouse and any children of the marriage shall not be entitled to a survivor's pension save where the marriage precedes the death of the former member of the Commission or of the Court by five years or more.6.A surviving spouse's entitlement to a survivor's pension shall cease on remarriage. The surviving spouse shall then be entitled to immediate payment of a lump sum equal to twice the annual amount of the survivor's pension.7.Where a member leaves a surviving spouse and also orphans of a previous marriage or other persons entitled under him, or where he leaves orphans of different marriages, the total pension shall be apportioned by analogy with the provisions of Articles 22, 27 and 28 of Annex VIII to the Staff Regulations for officials.8.The surviving spouse and dependent children of a Member or former Member of the Commission or of the Court shall be entitled to sickness benefits under the social security scheme provided for in the Staff Regulations of Officials of the European Communities if they are not eligible for benefits of the same nature and of the same level under another social security scheme.
Article 16A member of the Commission or of the Court who is relieved of his duties on grounds of serious misconduct shall forfeit any right to transitional allowance and retirement pension; this shall not, however, affect those entitled under him.
Article 17Should the Council decide to increase the basic salary, it shall at the same time decide on an appropriate increase in the rates of existing pensions.
Article 18Payment of the benefits provided for in this pension scheme shall be entered in the budget of the Communities. Member States shall jointly guarantee payment of these benefits in accordance with the scale for financing such expenditure.
Article 191.Payment of the sums due under Articles 2, 3, 4, 5, 11 and 14 shall be made in euro.2.No weighting shall be applied to the sums due under Articles 7, 8, 10 and 15.These sums shall be paid to beneficiaries residing in the European Union in euro, into a bank in the country of residence.For beneficiaries residing outside the European Union, pensions shall be paid, in euro, into a bank in the country of residence. The pension may by way of exception be paid in euro into a bank in the country where the institution has its headquarters, or in foreign currency in the country of residence of the pensioner, converted at the most up-to-date exchange rates used for the implementation of the general budget of the European Communities.
Article 19aArticle 66a of the Staff Regulations of Officials shall apply mutatis mutandis to the President and Members of the Commission, the President, Judges, Advocates-General and Registrar of the Court of Justice and the President, Members and Registrar of the General Court.
Article 20This Regulation shall apply to former members of the Commission of the European Economic Community, the Commission of the European Atomic Energy Community, the High Authority or the Court of Justice and to their dependants who, at the time this Regulation enters into force, are covered by the provisions of Council Regulation No 63 (EEC)OJ No 62, 19.7.1962, p. 1724/62. Council Regulation No 14 (EAEC),OJ No 62, 19.7.1962, p. 1730/62. the Decision of the Special Council of Ministers of the (EAEC)OJ No 62, 19.7.1962, p. 1734/62. of 22 May 1962 or Regulation of the Councils No 62 (EEC), 13 (EAEC)OJ No 62, 19.7.1962, p. 1713/62.
Article 21The Regulation laying down the conditions and procedure for applying the tax for the benefit of the Communities shall apply to members of the Commission and the Court. Until that Regulation enters into force, Regulation No 32 (EEC), 12 (EAEC)OJ No 45, 14.6.1962, p. 1461/62. shall be applicable.
Article 21a1.Subject to paragraph 2 and 3, the provisions of this Regulation concerning the President, Members and the Registrar of the Court of Justice shall apply to the President, Members and Registrar of the General Court.2.The basic monthly salary of the President, Vice-President, Members and Registrar of the General Court shall be equal to the amount resulting from application of the following percentages to the basic salary of an official of the European Union on the third step of grade 16:—President112,5 %,—Vice-President108 %,—Members104 %,—Registrar95 %.3.The monthly entertainment allowance referred to in Article 4 (3) shall amount to:
President:EUR 607,71,
Vice-PresidentEUR 573,98,
Members:EUR 554,17,
Registrar:EUR 471,37.
Presiding Judges of the Chambers of the Court shall in addition receive, during their term of office, a special duty allowance of EUR 739,47 per month.
Article 21b1.Articles 14, 15, 16, 17 and 19 of Annex XIII to the Staff Regulations of officials of the European Communities shall apply by analogy to the President and Members of the Commission, the President, Judges, Advocates General and Registrar of the Court of Justice and the President, Members and Registrar of the General Court.2.Articles 20, 24 and 25 of Annex XIII to the Staff Regulations of officials of the European Communities shall apply by analogy to the beneficiaries of the sums due under Articles 7, 8, 10 and 15.
Article 21c1.Subject to paragraphs 2 and 3, the provisions of this Regulation concerning the President, Members and Registrar of the Court of Justice and the President, Members and Registrar of the General Court shall apply to the President, Members and Registrar of the Civil Service Tribunal.2.The basic monthly salary of the President, Members and Registrar of the Civil Service Tribunal shall be equal to the amount resulting from application of the following percentages to the basic salary of an official of the European Communities on the third step of grade 16 (the third step of grade A*16 until 30 April 2006):—President104 %,—Members100 %,—Registrar90 %.3.The monthly entertainment allowance referred to in Article 4(3) shall amount to:—PresidentEUR 554,—MembersEUR 500,—RegistrarEUR 400.The President of the Civil Service Tribunal and the Presidents of the chambers of three judges shall in addition receive, during their term of office, a special duty allowance of EUR 500 per month.
Article 22This Regulation shall apply from 6 July 1967.Council Regulation No 63 (EEC), 14 (EAEC), the Decision of the Special Council of Ministers of the European Coal and Steel Community of 22 May 1962 and Regulation of the Councils No 62 (EEC), 13 (EAEC) are hereby repealed, with the exception of Article 20.The Decision of the Special Council of Ministers of the European Coal and Steel Community of 13 and 14 October 1958 shall remain in force.
This Regulation shall be binding in its entirety and directly applicable in all Member States.