1967R0422 — EN — 01.07.1992 — 028.001 — 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 ►M16 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 Council of 20
March 1970L 89 1 23.4.1970
►M4Regulation (ECSC, EEC, Euratom) No 2163/70 of the Council of 27
October 1970L 238 1 29.10.1970
►M5Regulation (EEC, Euratom, ECSC) No 723/71 of the Council 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 Council of 19
December 1972L 286 1 23.12.1972
►M8Regulation (ECSC, EEC, EURATOM) No 1546/73 of the Council 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 4045/88 of 19 December
1988L 356 1 24.12.1988
►M17Council Regulation (ECSC, EEC, Euratom) No 4046/88 of 19 December
1988L 356 2 24.12.1988
(*) This Act was never published in English.
1967R0422 — EN — 01.07.1992 — 028.001 — 2
►M18Council Regulation (EEC, Euratom, ECSC) No 3777/89 of 14 December
1989L 367 1 16.12.1989
►M19Council Regulation (EURATOM, ECSC, EEC) No 3911/90 of 21
December 1990L 375 1 31.12.1990
►M20Council Regulation (ECSC, EEC, Euratom) No 2426/91 of 29 July 1991 L 222 1 10.8.1991
►M21Council Regulation (ECSC, EEC, Euratom) No 3835/91 of 19 December
1991L 361 16 31.12.1991
►M22Council Regulation (EEC, Euratom, ECSC) No 1084/92 of 28 April
1992L 117 1 1.5.1992
►M23Council Regulation (EEC, Euratom, ECSC) No 3762/92 of 21 December
1992L 383 4 29.12.1992
▼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 ►
M16 and of the President,
MembersandRegistraroftheCourtofFirst Instance ◄
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing a Single Council and a Single
Commission of the European Communities, (1) and in particular Article
6 thereof, and to Articles20 and 21 of the Protocol on the Privilegesand Immunitiesof 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 dutiesuntil the las t day of the month
in which they cease to hold office, members of the Commission andmembers of the Court shall be entitled to a basic salary, family allow-ancesand 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 an official of the European Communities onthe last step of Grade A 1:
President 138 %,
Vice-President 125 %,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 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 allowancesfixed by analogy with the provis ionsof Article 67
of the Staff Regulationsand Articles1 to 3 of Annex VII to thos eRegulations.1967R0422 — EN — 01.07.1992 — 028.001 — 3
(1) OJ No 152, 13.7.1967, p. 2.
(2) OJ No 152, 13.7.1967, p. 13.▼M8
▼B
Article 4
1. 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 entertain-
ment allowance amounting to:
President Bfrs ►M2357 205◄,
Vice-President Bfrs ►M2336 765◄,
Other MembersBfrs ►M2324 515◄.
3. Members of the Court of Justice shall receive a monthly enter-
tainment allowance amounting to:
President Bfrs ►M2357 205◄,
Judge or Advocate-General Bfrs ►M2324 515◄,
Registrar Bfrs ►M2322 355◄.
Presiding Judges of Chambers of the Court ►M9and the First Advo-
cate-General ◄shall in addition receive during their term of office a
special duty allowance of Bfrs ►M2332 705◄per month.
4. The allowancesreferred to in paragraphs2 and 3 s hall 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 in Article 2, the family allowances
referred to in Article 3, and the allowancesreferred to in Article 4
(1), shall be subject to the weighting fixed by the Council pursuant to
Articles64 and 65 of the Staff Regulationsfor officialsof theEuropean Communitiesin res pect of officialsemployed in Belgium.
Article 5
On taking up hisdutiesand on ceas ing 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 hisdutiesand a res ettlement allowance equal to onemonth'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 hisfamily, and reimbursement of the cost of removal of ‘his personaleffects and furniture, including insurance against ordinary risks(theft, breakage, fire).
If histerm of office isrenewed he s hall 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 hasnot already effected hisres ettlement.
Article 6
A member of the Commission or of the Court required in the 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 — 01.07.1992 — 028.001 — 4
▼M8
▼B
▼M4
▼B
▼M11
(c) a subsistence allowance equal, for each complete day of absence, to
105 % of the daily subsistence allowance as laid down in the StaffRegulationsfor officialsof the European Communitiesfor a grade
A 1 official on mission.
Article 7
1. For three yearsfrom the firs t 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 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 thisthree-year period the pers on concerned takesup
any new gainful activity, the amount by which hisgros smonthly remu-neration (i.e. before deduction of taxes) together with the allowanceprovided for in paragraph 1 exceedsthe remuneration, before deductionof taxes, which he was receiving as a member of the Commission or of
the Court under Articles2, 3 and 4 (1) s hall 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. On the date when he ceases to hold office, on 1 January of each
year thereafter and in the event of any changesin hisfinancial s itua-
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 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 other-wise than for the purposes of this Regulation and shall not be
communicated to third persons.
5. Throughout the period of three yearsmentioned in paragraph 1,
the former member of the Commission or of the Court shall be entitledto the family allowancesprovided 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 datewhen they reached the age of sixty-five years.1967R0422 — EN — 01.07.1992 — 028.001 — 5
▼B
▼M8
▼B
▼M8
▼B
▼B
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 thepension as follows:
60 years0·70
61 years0·7562 years0·8063 years0·8764 years0·95
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
Commission or Court of Justice, the salary on which the pension is tobe 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 inoffice on the date of entry into force of thisRegulation or who ceas eto hold office before that date, if they so request.
Article 10
A 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 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 hisduties ;
(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 hisduties , and ►
M430◄% 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 forseven years it shall be replaced by a pension for life calculated inaccordance with the provisions of Article 9.
Article 11
Members of the Commission or of the Court shall be entitled to sick-
ness, occupational disease, industrial accident and birth and death
benefits under the social security scheme provided for in the StaffRegulationsof Officialsof 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 in the Staff Regula-
tions of Officials of the European Communities shall not apply to risks1967R0422 — EN — 01.07.1992 — 028.001 — 6
▼M4
▼B
▼M4
▼B
▼M20
▼M20
already covered by another social security scheme under which the
former Member of the Commission or of the Court may be eligiblefor benefits of the same nature and of the same level.
Nevertheless, a former Member of the Commission or of the Court who
hasheld office at leas t until the age of 60 or isentitled 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 Commission or 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 Commission or 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 isin receipt of the trans itional allowance provided for
in Article 7, is not entitled to benefit under either the pension schemeprovided for in Article 8 or the disability pension scheme 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 Regulationsof Officialsof 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 rightsof that member or thos e entitled under him to bring
legal proceedings against the third party shall devolve on the Commu-
nity to the extent to which they incur obligationsunder thispens ionscheme.
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 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 Articles2, 3 and 4 (1).
Article 15
1. The widow and dependent children of a 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 Courtunder Article 9 at the date of death, namely:
For a widow . . . . . . . . . . . . . . . . . . . . . . . . . ►
M460◄%1967R0422 — EN — 01.07.1992 — 028.001 — 7
▼B
▼B
For each child where the mother iss till alive 10 %
For each child where both father and mother
are dead . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 %
However, if the death of the member of the Court of Auditorsoccurs
during histerm 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 orphansentitled.
2. The total amount of these survivors' pensions shall not exceed the
amount of the pension of the member or former member of theCommission or of the Court on which they are calculated. The
maximum total survivors' pensions payable shall be divided, where
applicable, between the beneficiariesin 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 reachesthe 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 reachesthe 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
marriesand at the date of marriage haspens ion rightsaccruing to him
under thisRegulation, the wife and any children of the marriage s hall
not be entitled to a survivor's pension save where the marriageprecedes the death of the former member of the Commission or of theCourt by five yearsor 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 leavesa widow and als o orphansof 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 Regulationsfor 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 StaffRegulationsof Officialsof the European Communitiesif they are noteligible for benefits of the same nature and of the same level underanother social security scheme.
Article 16
A member of the Commission or of the Court who is relieved of his
duties on grounds of serious misconduct shall forfeit any right to tran-1967R0422 — EN — 01.07.1992 — 028.001 — 8
▼M11
▼B
▼M11
▼M20
▼B
▼B
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 jointlyguarantee 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 itsprovisional seat.
2. Sumsdue under Articles7, 8, 10 and 15 s hall be weighted at a
rate fixed on the basis of Articles 64 and 65 (2) of the Staff Regula-
tionsfor officialsof 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 hasbeen adopted, the weighting applicable shall be that valid for Belgium.
Beneficiariesmay 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 of
which they are nationals, or of their country of residence or of thecountry where the institution for which they work is provisionallylocated; their choice shall remain operative 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 provisionally
located.
Article 19a
Article 66a of the Staff Regulationsof Officialss hall apply mutatis
mutandis to the President and Members of the Commission, the Presi-
dent, Judges, Advocates-General and Registrar of the Court of Justice
and the President, Members and Registrar of the Court of FirstInstance.
Article 20
This Regulation shall apply to former members of the Commission of
the European Economic Community, the Commission of the EuropeanAtomic Energy Community, the High Authority or the Court of Justiceand to their dependantswho, at the time thisRegulation entersintoforce, are covered by the provisions of Council Regulation No 63
(EEC) (
1) Council Regulation No 14 (EAEC), (2) the Decision of the
Special Council of Ministers of the (EAEC) (3) of 22 May 1962 or
Regulation of the CouncilsNo 62 (EEC), 13 (EAEC) (4)1967R0422 — EN — 01.07.1992 — 028.001 — 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
▼M22
▼B
▼B
Article 21
The Regulation laying down the conditionsand procedure for applying
the tax for the benefit of the Communitiess hall apply to membersof
the Commission and the Court. Until that Regulation enters into force,
Regulation No 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 European Communities on the 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 ►
M2324 515◄,
Members: Bfrs ►M2322 355◄,
Registrar: Bfrs ►M2319 015◄.
Presiding Judges of the Chambers of the Court shall in addition
receive, during their term of office, a special duty allowance of
Bfrs►M2329 830◄per month.
Article 22
ThisRegulation s hall 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 CouncilsNo 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.
ThisRegulation s hall be binding in itsentirety and directly applicable
in all Member States.1967R0422 — EN — 01.07.1992 — 028.001 — 10
(1) OJ No 45, 14.6.1962, p. 1461/62.▼M16
▼B