1967R0422 — EN — 01.10.1968 — 002.001 — 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
(*) This Act was never published in English.
▼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 and
RegistraroftheCourtofJustice
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing a Single Council and a SingleCommissionof 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 d
members of the Court shall be entitled to a basic salary, family allow-ances and 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's allowance, equal to Bfrs 1100 per child per
month;
(c) Educationallowan ce.1967R0422 — EN — 01.10.1968 — 002.001 — 2
(1) OJ No 152, 13.7.1967, p. 2.
(2) OJ No 152, 13.7.1967, p. 13.▼M2
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2. ‘Head of household’ means a married member of the Commission
or of the Court, or a member who has dependent children. Where thespouse is gainfully employed, the member shall not be entitled to a
head of household allowance.
3. ‘Dependent child’ means the legitimate, natural or adopted child
of a member of the Commissionor of the Court, or of his spouse, whois actually being maintained by the member of the Commission or of
the Court.
The allowance shall be granted in respect of:
— a child under eighteen years of age
— a child between eighteen and twenty-five 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 continuethroughout 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 is in 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 actualeducationcosts in curred by him up to a maximum of Bfrs 1000 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-five years.
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. Les membres de la Commission perçoivent une indemnité
mensuelle de représentation s'élevant à:
Président . .. . .. . .. . .. .. . .. . .. . .. . .. .. . .. . . 23.800 FB,
Vice-président .. . .. . .. .. . .. . .. . .. . .. .. . .. . . 15.300 FB,Commissaire . .. . .. . .. .. . .. . .. . .. . .. .. . .. . . 10.200 FB.
3. Les membres de la Cour perçoivent une indemnité mensuelle de
représentation s'élevant à:
Président . .. . .. . .. . .. .. . .. . .. . .. . .. .. . .. . . 23.800 FB,
Juge ou avocat général . .. . .. . .. . .. . .. .. . .. . . 10.200 FB,Greffier .. .. . .. . .. . .. .. . .. . .. . .. . .. .. . .. . . 9.300 FB.
Les présidents de Chambre perçoivent, en outre, pendant la durée de
leur mandat, une indemnité de fonctions s'élevant à 13.600 FB parmois.
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 the cost of removal of his personal effects and
furniture, including insurance against ordinary risks (theft,breakage, fire).1967R0422 — EN — 01.10.1968 — 002.001 — 3
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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);
(c) a subsistence allowance of Bfrs 750 for each complete day of
absence; for journeys outside Europe the allowance shall be raised
to Bfrs 1250.
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 Commissionorof the Court shall receive a monthly transitional allowance equal to
40 % of the basic salary which he was receiving when he ceased to
hold office if he has served for less thantwo years, to 45 % of suchbasic salary if he has served for more thantwo but less thanthree yearsand 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 his
duties; in the event of death the payment for the month in which deathoccurred 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 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 theallowance. 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 the
President 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 Commissionor of the Courtshall 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.
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 — 01.10.1968 — 002.001 — 4
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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:
Age Coefficient
60 years 0·64271
61 years 0·6976262 years 0·7598563 years 0·8215764 years 0·90554
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 for
each complete month. The maximum pension shall be 50 % of thebasic salary last received.
Article 10
A member of the Commissionor of the Court who is sufferin g 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 of
Article 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 his duties;
(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 thedisability 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 Commissionor of the Court shall be en titled 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 rights of that member or those entitled under him to bringlegal proceedings against the third party shall devolve on the Commu-nity to the extent to which they incur obligations under this pension
scheme.
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 undermore than one of those provisions, only that provision which is themost favourable to the claimant shall be applied.1967R0422 — EN — 01.10.1968 — 002.001 — 5
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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 sionrightshave 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 Court
under Article 9 at the date of death, namely:
For a widow . .. . .. . .. . .. .. . .. . .. . .. . .. .. . .. . .. . 50%
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 Commissionor of the
Court occurrs during his term of office, the survivor's pension shall becalculated onthe basis of a pen sionequal to 50 % of the basic salaryreceived at the time of death. Where the member of the Commissionorof 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 theCommissionor of the Court onwhich they are calculated. Themaximum total survivors' pensions payable shall be divided, whereapplicable, 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 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 oftwenty-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 himunder this Regulation, the wife and any children of the marriage shallnot be entitled to a survivor's pension save where the marriageprecedes the death of the former member of the Commissionor of the
Court 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 a
lump sum equal to twice the annual amount of her survivor's pension.
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 — 01.10.1968 — 002.001 — 6
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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. Beneficiaries may elect to have sums due under Articles 7, 8, 10
and 15 paid in the currency either of the country of which they arenationals or of their country of residence or of the country where theinstitution which they serve has its provisional seat; their choice shall
remainoperative 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 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)
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) (
5) shall be applicable.
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.1967R0422 — EN — 01.10.1968 — 002.001 — 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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This Regulation shall be binding in its entirety and directly applicable
inall Member States.1967R0422 — EN — 01.10.1968 — 002.001 — 8