1967R0422 — EN — 01.01.1970 — 005.001 — 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 andRegistraroftheCourtofJustice
(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
(*) This Act was never published in English.
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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 and
RegistraroftheCourtofJustice
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing a Single Council and a SingleCommission of the European Communities, (
1) and in particular Article
6 thereof, and to Articles20 and 21 of the Protocol on the Privileges
and 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 the
President, Judges, Advocates-General and Registrar of the Court of
Justice, 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 and
members of the Court shall be entitled to a basic salary, family allow-
ancesand other allowances .
Article 2
1. Le traitement mensuel de base des membres de la Commission
est ainsi fixé:
Président . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122.100 FB,
Vice-président . . . . . . . . . . . . . . . . . . . . . . . . . . 110.400 FB,Commissaire . . . . . . . . . . . . . . . . . . . . . . . . . . . 99.000 FB.
2. Le traitement mensuel de base des membres de la Cour est ainsi
fixé:
Président . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122.100 FB,
Juge ou avocat général . . . . . . . . . . . . . . . . . . . 99.000 FB,Greffier . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89.200 FB.
Article 3
1. Family allowances shall comprise:
(a) Head of household allowance, equal to 5 % of the basic salary;
(b) Dependent child'sallowance, equal to Bfrs1 484 per child per
month;
(c) Education allowance.
2. ‘Head of household’ means a married member of the Commission
or of the Court, or a member who hasdependent children. Where the1967R0422 — EN — 01.01.1970 — 005.001 — 2
(1) OJ No 152, 13.7.1967, p. 2.
(2) OJ No 152, 13.7.1967, p. 13.▼M2
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spouse is gainfully employed, the member shall not be entitled to a
head of household allowance.
3. ‘Dependent child’ meansthe legitimate, natural or adopted child
of a member of the Commission or of the Court, or of his spouse, whoisactually being maintained by the member of the Commis s ion or ofthe Court.
The allowance shall be granted in respect of:
— a child under eighteen yearsof age
— a child between eighteen and twenty-six years of age who is
receiving full-time education or vocational training.
Payment of the allowance in respect of a child prevented by serious
illness or disablement from earning a livelihood shall continue
throughout the period of that illness or disablement, irrespective of age.
4. In respect of each dependent child within the meaning of para-
graph 3 who isin regular full-time attendance at an educationalestablishment, the member of the Commission or of the Court shall inaddition be entitled to an education allowance equal to the actualeducation costs incurred by him up to a maximum of Bfrs 1 325 permonth.
Entitlement to this allowance shall commence on the first day of the
month in which the child starts to attend a primary school and shallcease at the end of the month in which the child reaches the age oftwenty-six years.
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 representa-
tion allowance of:
President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bfrs 24 990
Vice-President . . . . . . . . . . . . . . . . . . . . . . . . . . Bfrs 16 065Members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bfrs10 710.
3. Members of the Court shall receive a monthly representation
allowance of:
President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bfrs 24 990
Judge or Advocate-General . . . . . . . . . . . . . . . Bfrs10 710Registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bfrs 9 765.
Presiding Judges of the Chambers of the Court shall in addition receive
during their term of office a special duty allowance of Bfrs 14 280 per
month.
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;1967R0422 — EN — 01.01.1970 — 005.001 — 3
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(b) reimbursement of the cost of removal of his personal effects 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 is
appointed member of another institution of the Communities, if thatinstitution has its provisional seat in the town where he was fomerlyrequired 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);
(c) a subsistence allowance of Bfrs 800 for each complete day of
absence; for journeys outside Europe the allowance should beraised to Bfrs 1 500.
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 orof the Court shall receive a monthly transitional allowance equal to40 % of the basic salary which he was receiving when he ceased tohold office if he has served for less than two years, to 45 % of such
basic salary if he has served for more than two but less than three years
and to 50 % 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 ofthe Court under Articles2, 3 and 4 (1) s hall be deducted from the
allowance. In calculating the amount of remuneration received for the
new 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 all
forms 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 Courtshall 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 becommunicated to third persons.1967R0422 — EN — 01.01.1970 — 005.001 — 4
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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.
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:
Age Coefficient
60 years0·64271
61 years0·6976262 years0·7598563 years0·82157
64 years0·90554
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 50 % of thebasic salary last received.
Article 10
A member of the Commission or of the Court who is suffering from
disablement deemed to be total which prevents him from performinghis duties and who on these grounds resigns or is compelled to resignshall 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 ofArticle 9, which shall be not less than 25 % of the basic salary last
received. He shall be entitled to the maximum pension if the inca-
pacity is the result of disablement or illness contracted in theperformance of hisduties ;
(b) Where disablement is temporary, he shall be entitled, until he
recovers, to a pension at the rate of 50 % of the basic salary lastreceived, if the disablement or illness was contracted in the perfor-mance of his duties, and 25 % 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 bereplaced by a pension for life calculated in accordance with theprovisions of Article 9.
Article 11
A member of the Commission or of the Court shall be entitled to the
benefits of the social security scheme provided for in the Staff Regula-tions of Officials of the European Communities covering sickness,
occupational disease, industrial accident and birth and death benefits.
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 10shall not be drawn concurrently by the same person. Where a memberof the Commission or of the Court is entitled to claim benefit under1967R0422 — EN — 01.01.1970 — 005.001 — 5
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more than one of those provisions, only that provision which is the
most 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'spension.
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 widow . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50%
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 Commission or of the
Court occurrs during his term of office, the survivor's pension shall becalculated on the basis of a pension equal to 50 % of the basic salaryreceived at the time of death. Where the member of the Commission orof the Court whose death occurrs during his term of office has reached
the maximum pension provided for in Article 9, the survivor's pension
for the widow shall be equal to 30 % of the basic salary received at thetime of death.
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. Themaximum total survivors' pensions payable shall be divided, whereapplicable, 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 himunder thisRegulation, the wife and any children of the marriage s hallnot be entitled to a survivor's pension save where the marriageprecedes the death of the former member of the Commission or of the
Court 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.1967R0422 — EN — 01.01.1970 — 005.001 — 6
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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-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 existing
pensions.
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 its
provisional seat.
2. Beneficiariesmay elect to have s umsdue under Articles7, 8, 10
and 15 paid in the currency either of the country of which they are
nationalsor of their country of res idence or of the country where theinstitution which they serve has its provisional seat; their choice shallremain operative for at least two years.
Where neither the first nor the second of these countries is a member
country of the Community the sums due shall be paid in the currencyof the country where the institution by which they were employed hasits provisional seat.
Article 20
This 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 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)
Article 21
The Regulation laying down the conditionsand procedure for applying
the tax for the benefit of the Communitiess hall apply to membersofthe Commission and the Court. Until that Regulation enters into force,Regulation No 32 (EEC), 12 (EAEC) (
5) shall be applicable.
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 20.1967R0422 — EN — 01.01.1970 — 005.001 — 7
(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.
(5) OJ No 45, 14.6.1962, p. 1461/62.
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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 — 01.01.1970 — 005.001 — 8