1967R0422 — EN — 12.12.1989 — 024.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B REGULATIONNo422/67/EEC,5/67/EURATOMOFTHECOUNCIL
of25July1967
determining the emoluments of the President and members of the Commission and of the Presi-
dent, Judges, Advocates-General and Registrar of the Court of Justice ►M17 and of the
President,MembersandRegistraroftheCourtofFirstInstance ◄
(OJ L 187, 8.8.1967, p. 1)
Amended by:
Official Journal
No page date
►M1Règlement (CEE, Euratom, CECA) no262/68 du Conseil du 29 février
1968(*)L 57 2 5.3.1968
►M2Règlement (EURATOM, CECA, CEE) no1442/69 du Conseil du 23
juillet 1969 (*)L 184 1 26.7.1969
►M3Regulation(ECSC, EEC, EURATOM) No 721/70 of the Coun cil of 20
March 1970L 89 1 23.4.1970
►M4Regulation(ECSC, EEC, Euratom) No 2163/70 of the Coun cil of 27
October 1970L 238 1 29.10.1970
►M5Regulation(EEC, Euratom, ECSC) No 723/71 of the Coun cil of 30
March 1971L 80 1 5.4.1971
►M6Council Regulation (EEC, Euratom, ECSC) No 519/72 of 15 March
1972L 64 1 16.3.1972
►M7Regulation(ECSC, EEC, Euratom) No 2690/72 of the Coun cil of 19
December 1972L 286 1 23.12.1972
►M8Regulation(ECSC, EEC, EURATOM) No 1546/73 of the Coun cil of 4
June 1973L 155 8 11.6.1973
►M9Council Regulation (ECSC, EEC, Euratom) No 142/76 of 20 January
1976L 15 1 24.1.1976
►M10Council Regulation (ECSC, EEC, Euratom) No 143/76 of 20 January
1976L 15 2 24.1.1976
►M11Council Regulation (Euratom, ECSC, EEC) No 1416/81 of 19 May 1981 L 142 1 28.5.1981
►M12Council Regulation (Euratom, ECSC, EEC) No 3822/81 of 15 December
1981L 386 4 31.12.1981
►M13Council Regulation (ECSC, EEC, Euratom) No 3678/85 of 20 December
1985L 351 1 28.12.1985
►M14Council Regulation (EEC, Euratom, ECSC) No 4068/86 of 22 December
1986L 371 14 31.12.1986
►M15Council Regulation (Euratom, ECSC, EEC) No 3875/87 of 18 December
1987L 363 66 23.12.1987
►M16Council Regulation (ECSC, EEC, Euratom) No 4046/88 of 19 December
1988L 356 2 24.12.1988
►M17Council Regulation (ECSC, EEC, Euratom) No 4045/88 of 19 December
1988L 356 1 24.12.1988
(*) This Act was never published in English.
1967R0422 — EN — 12.12.1989 — 024.001 — 2
►M18Council Regulation (EEC, Euratom, ECSC) No 3777/89 of 14 December
1989L 367 1 16.12.1989
►M19Council Regulation (ECSC, EEC, Euratom) No 2426/91 of 29 July 1991 L 222 1 10.8.1991
▼B
REGULATION No 422/67/EEC, 5/67/EURATOM OF THE
COUNCIL
of25July1967
determining the emoluments of the President and members of the
Commission and of the President, Judges, Advocates-General andRegistrar of the Court of Justice ►
M17 and of the President,
MembersandRegistraroftheCourtofFirst Instance ◄
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing a Single Council and a Single
Commissionof the EuropeanCommun ities, (1) and in particular Article
6 thereof, and to Articles 20 and 21 of the Protocol on the Privilegesand Immunities of the European Communities(
2);
Whereas it is for the Council to determine the salaries, allowances and
pensions of the President and members of the Commission and of thePresident, Judges, Advocates-General and Registrar of the Court ofJustice, together with any payment to be made instead of remuneration;
HAS ADOPTED THIS REGULATION:
Article 1
From the date of taking up their duties until the last day of the month
inwhich they cease to hold office, members of the Commissionan dmembers of the Court shall be entitled to a basic salary, family allow-ances and other allowances.
Article 2
1. The basic monthly salary of Members of the Commission shall be
equal to the amount resulting from application of the following percen-tages to the basic salary of anofficial of the EuropeanCommun ities onthe last step of Grade A 1:
President 138 %,
Vice-President 125 %,Other Members 112·5 %.
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 last step of Grade A 1:
President 138 %,
Judge or Advocate-General 112·5 %,Registrar 101 %.
Article 3
Members 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 thoseRegulations.1967R0422 — EN — 12.12.1989 — 024.001 — 3
(1) OJ No 152, 13.7.1967, p. 2.
(2) OJ No 152, 13.7.1967, p. 13.▼M8
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Article 4
1. Members of the Commissionor of the Court shall be en titled to a
residence allowance equal to 15 % of their basic salary.
2. Members of the Commission shall receive a monthly entertain-
ment allowance amounting to:
President Bfrs ►M1850 955◄,
Vice-President Bfrs ►M1832 745◄,
Other Members Bfrs ►M1821 835◄.
3. Members of the Court of Justice shall receive a monthly enter-
tainment allowance amounting to:
President Bfrs ►M1850 955◄,
Judge or Advocate-General Bfrs ►M1821 835◄,
Registrar Bfrs ►M1819 915◄.
Presiding Judges of Chambers of the Court ►M9and the First Advo-
cate-General ◄shall inadditionreceive durin g their term of office a
special duty allowance of Bfrs ►M1829130◄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 4a
The basic salaries referred to inArticle 2, the family allowan ces
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 theEuropeanCommun ities inrespect of officials employed inBelgium.
Article 5
On taking up his duties and on ceasing to hold office a member of the
Commissionor of the Court shall be en titled to:
(a) an installation allowance equal to two months' basic salary on
taking up his duties and a resettlement allowance equal to onemonth's basic salary on ceasing to hold office;
(b) reimbursement of travelling expenses incurred by a member of the
Commissionor of the Court for himself an d for members of hisfamily, and reimbursement of the cost of removal of ‘his personaleffects 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 isappointed 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 newappointment he has not already effected his resettlement.
Article 6
A member of the Commissionor of the Court required inthe course of
his duties to travel away from the provisional seat of his institutionshall be entitled to:
(a) reimbursement of travelling expenses;
(b) reimbursement of hotel expenses (room, service and taxes only);1967R0422 — EN — 12.12.1989 — 024.001 — 4
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(c) a subsistence allowance equal, for each complete day of absence, to
105 % of the daily subsistence allowance as laid down in the StaffRegulations for officials of the European Communities for a grade
A 1 official onmission .
Article 7
1. For three years from the first day of the month following that in
which he ceases to hold office, a former member of the Commissionor
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 thantwo years;
— 45 % of the same salary if that period is over two years but less
thanthree years;
— 50 % of the same salary if that period is more thanthree years an d
less thanfive years;
— 55 % of the same salary if that period is more thanfive years an d
less thantenyears;
— 60 % of the same salary if that period is more thantenyears an d
less thanfifteenyears;
— 65 % of the same salary inother 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 theinstitutions of the Communities or upon his death. In the event of reap-pointment, the allowance shall be paid up to the date of taking up hisduties; 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 remu-neration (i.e. before deduction of taxes) together with the allowanceprovided for in paragraph 1 exceeds the remuneration, before deductionof 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 thenew activity, all forms of remuneration shall be included, except thoserepresenting reimbursement of expenses.
4. Onthe date whenhe ceases to hold office, on1 Jan uary of each
year thereafter and in the event of any changes in his financial situa-
tion, a member of the Commission or of the Court shall declare to thePresident of the institution in which he was previously employed allforms of remuneration received for his services, except those repre-senting reimbursement of expenses.
Additional remuneration legitimately received by the former member in
the course of his duty as a member of the Commissionor of the Court
shall not be deductible from the transitional allowance.
This declarationmust be made ingood faith an d shall be treated as
confidential. The information contained therein shall not be used other-wise 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 Commissionor of the Court shall be en titledto the family allowances provided for in Article 3.
Article 8
1. After ceasing to hold office, members of the Commission or of
the Court shall be entitled to a pension for life payable from the datewhenthey reached the age of sixty-five years.1967R0422 — EN — 12.12.1989 — 024.001 — 5
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2. They may, however, ask to start drawing such pension from the
age of sixty years. Inthat case a coefficien t shall be applied to thepension as follows:
60 years 0·70
61 years 0·7562 years 0·8063 years 0·8764 years 0·95
Article 9
The amount of the pension shall be 4·5 % of the basic salary last
received for each full year in office and one-twelfth of that sum foreach complete month. The maximum pension shall be ►
M870◄
% of the basic salary last received.
When the person concerned has performed various duties in the
Commissionor Court of Justice, the salary onwhich the pen sionis tobe calculated shall be related to the proportionof time spen t 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 inoffice on the date of entry into force of this Regulation or who ceaseto hold office before that date, if they so request.
Article 10
A member of the Commissionor of the Court who is sufferin g from
disablement deemed to be total which prevents him from performing
his duties and who on these grounds resigns or is compelled to resignshall be entitled from the date of resignation or compulsory resignationto 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 ofArticle 9, which shall be not less than ►
M430◄% 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 ►M460◄% of the basic
salary last received, if the disablement or illness was contracted inthe performance of his duties, and ►
M430◄% inother cases.
When the recipient of such disability pension reaches the age of
sixty-five years or the disability pension has been in effect forsevenyears it shall be replaced by a pen sionfor life calculated inaccordance with the provisions of Article 9.
Article 11
Members of the Commissionor of the Court shall be en titled to sick-
ness, occupational disease, industrial accident and birth and death
benefits under the social security scheme provided for in the StaffRegulations of Officials of the European Communities.
The first paragraph shall also apply to former Members of the Commis-
sion or of the Court who benefit either under the pension schemeprovided for in Article 8 or under the transitional allowance providedfor in Article 7 or under the disability pension scheme provided for inArticle 10.
However, the social security scheme provided for inthe Staff Regula-
tions of Officials of the European Communities shall not apply to risks1967R0422 — EN — 12.12.1989 — 024.001 — 6
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already covered by another social security scheme under which the
former Member of the Commissionor of the Court may be eligiblefor benefits of the same nature and of the same level.
Nevertheless, a former Member of the Commissionor of the Court who
has held office at least until the age of 60 or is entitled to benefit under
the disability pension scheme provided for in Article 10 shall continueto be entitled without restriction to sickness benefits under the schemeprovided for in the Staff Regulations. If he is not in receipt of the tran-sitional allowance provided for in Article 7 and is not entitled tobenefit 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 Commissionor the Court shall be obliged to pay halfthe contributions necessary to cover such risks. The contributions shallbe calculated on the basis of the last transitional allowance, adjusted totake account of successive adaptations.
A former Member of the Commissionor of the Court who has ceased
to hold office before the age of 60 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 schemeprovided for inArticle 8 or the disability pen sionscheme provided forin Article 10 may continue to qualify for the cover provided for in thesecond and third paragraphs of this Article, provided that he does notengage in any gainful occupation enabling 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 inArticle 72 (1) of the Staff Regulations of Officials of the EuropeanCommunities. The contributions shall be calculated on the basis of thelast transitional allowance, adjusted to take account of successive adap-
tations.
Article 12
Where 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 Commu-
nity to the extent to which they incur obligations under this pensionscheme.
Article 13
The 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 memberof the Commission or of the Court is entitled to claim benefit undermore than one of those provisions, only that provision which is themost favourable to the claimant shall be applied.
Article 14
Where a member of the Commissionor Court dies durin g 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 15
1. The widow and dependent children of a member or former
member of the Commissionor of the Court to whom pen sionrights
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 Commissionor of the Courtunder Article 9 at the date of death, namely:
For a widow . .. . .. . .. . .. .. . .. . .. . .. . . ►
M460◄%1967R0422 — EN — 12.12.1989 — 024.001 — 7
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For each child where the mother is still alive 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 widow 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 timeof 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 theCommissionor of the Court onwhich they are calculated. The
maximum total survivors' pensions payable shall be divided, where
applicable, between the beneficiaries in accordance with the abovepercentages.
3. Survivors' pensions shall be granted from the first day of the
calendar month following the date of death; however, where the provi-sions of Article 14 are applied, eligibility shall not commence until thefirst 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, entitle-ment to an orphan's pension shall cease at the end of the month inwhich the child reaches the age of twenty-one years. However, entitle-ment 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 Commissionor of the Court
marries and at the date of marriage has pension rights accruing to him
under this Regulation, the wife and any children of the marriage shall
not be entitled to a survivor's pension save where the marriageprecedes the death of the former member of the Commissionor of theCourt by five years or more.
6. A widow's entitlement to a survivor's pension shall cease on
remarriage. She shall then be entitled to immediate payment of alump sum equal to twice the annual amount of her survivor's pension.
7. Where a member leaves a widow 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 apportionedby analogy with the provisions of Articles 22, 27 and 28 of AnnexVIII to the Staff Regulations for officials.
8. The widow and dependent children of a Member or former
Member of the Commission or of the Court shall be entitled to sicknessbenefits under the social security scheme provided for in the StaffRegulations of Officials of the European Communities if they are noteligible for benefits of the same nature and of the same level underanother social security scheme.
Article 16
A member of the Commissionor of the Court who is relieved of his
duties on grounds of serious misconduct shall forfeit any right to tran-1967R0422 — EN — 12.12.1989 — 024.001 — 8
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sitional allowance and retirement pension; this shall not, however,
affect those entitled under him.
Article 17
Should the Council decide to increase the basic salary, it shall at the
same time decide on an appropriate increase in the rates of existingpensions.
Article 18
Payment 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 forfinancing such expenditure.
Article 19
1. Payment of the sums due under Articles 2, 3, 4, 5, 11 and 14 shall
be made in the currency of the country where the institution has its
provisional seat.
2. Sums due under Articles 7, 8, 10 and 15 shall be weighted at a
rate fixed onthe basis of Articles 64 an d 65 (2) of the Staff Regula-
tions for officials of the European Communities, for the country inwhich the recipient of the sum proves that he is resident. If the reci-pient establishes residence in a country for which no weighting hasbeenadopted, the weightin g applicable shall be that valid for Belgium.
Beneficiaries may elect to be paid, in accordance with the conditions
for the payment of remuneration laid down in Article 63 of the above-
mentioned Staff Regulations, in the currency either of the country ofwhich they are nationals, or of their country of residence or of thecountry where the institution for which they work is provisionallylocated; their choice shall remainoperative for at least two years.
Where neither the first nor the second of these countries is a Member
State of the Communities the sums due shall be paid in the currency ofthe country where the institution for which they work is provisionallylocated.
Article 19a
The net basic salary, pensions and temporary termination-of-service
allowances of the President and members of the Commission, of thePresident, Judges, Advocates-General and Registrar of the Court of
Justice shall be subject to a special levy determined in accordance
with the provisions of Article 66a of the Staff Regulations of officials,which shall apply by analogy.
Article 20
This Regulationshall apply to former members of the Commissionof
the European Economic Community, the Commission of the EuropeanAtomic Energy Community, the High Authority or the Court of Justiceand to their dependants who, at the time this Regulation enters intoforce, are covered by the provisions of Council Regulation No 63
(EEC) (
1) Council Regulation No 14 (EAEC), (2) the Decisionof the
Special Council of Ministers of the (EAEC) (3) of 22 May 1962 or
Regulationof the Coun cils No 62 (EEC), 13 (EAEC) (4)1967R0422 — EN — 12.12.1989 — 024.001 — 9
(1) OJ No 62, 19.7.1962, p. 1724/62.
(2) OJ No 62, 19.7.1962, p. 1730/62.
(3) OJ No 62, 19.7.1962, p. 1734/62.
(4) OJ No 62, 19.7.1962, p. 1713/62.▼M11
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Article 21
The 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,
RegulationNo 32 (EEC), 12 (EAEC) (1) shall be applicable.
Article 21a
1. Subject to paragraph 2 and 3, the provisions of this Regulation
concerning the President, Members and the Registrar of the Court ofJustice shall apply to the President, Members and Registrar of theCourt of First Instance.
2. The basic monthly salary of the President, Members and Registrar
of the Court of First Instance shall be equal to the amount resulting
from application of the following percentages to the basic salary of an
official of the EuropeanCommun ities onthe last step of grade A 1:
President: 112,5 %,
Members: 104 %,Registrar: 95 %.
3. The monthly entertainment allowance referred to in Article 4 (3)
shall amount to:
President: Bfrs ►
M1821835◄,
Members: Bfrs ►M1819915◄,
Registrar: Bfrs ►M1816935◄.
Presiding Judges of the Chambers of the Court shall in addition
receive, during their term of office, a special duty allowance of
Bfrs►M1826 570◄per month.
Article 22
This Regulationshall 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 Commu-nity of 22 May 1962 and Regulation of the Councils No 62 (EEC), 13(EAEC) are hereby repealed, with the exceptionof 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
inall Member States.1967R0422 — EN — 12.12.1989 — 024.001 — 10
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