WRITTEN QUESTION P-1233/02

by Gabriele Stauner (PPE-DE) to the Commission

(23 April 2002)

Subject: Supplements to Commissioners' salaries

Can the Commission confirm that some of its Members have parts of their salaries transferred to other EU states, and not paid into a bank account in Belgium as set out in the relevant regulations?

Can it confirm that because of so-called weightings it pays supplements on these transfers, which for example increase the amount transferred to the United Kingdom by more than 60 %?

In view of the very generous salaries and allowances paid to Commissioners, how can such increases in income be justified?

Can the Commission confirm that although the Council has provided for the payment of these supplements in the case of officials' salaries, within certain limits, this does not apply to Commissioners?

Can it confirm that Article 4a of the Regulation determining the emoluments of Members of the Commission, given as a legal basis in the budget (budget heading A-1090), includes no provisions which would allow weightings to be used on transfers to other countries?

Can it state whether (and if so, to what extent) the Commission Vice-President responsible for administrative expenditure and the Budget Commissioner responsible for financial control have benefited from such supplements?

Answer given by Mr Kinnock on behalf of the Commission

(10 June 2002)

The legal basis for the salary of Members of the Commission is set down in Council Regulation (EC, ECSC, Euratom) No 422/67/EEC, No 5/67/Euratom(1) and it determines the emoluments of the President, Vice-presidents and Members of the Commission; 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(2).

Furthermore, the provisions in the Staff Regulations as they apply to permanent officials are applied to Members of the Commission, Court of Justice and Court of Auditors provided, of course, that these two sets of rules do not conflict. For instance, because the conditions to which Members are subject in their countries of origin are comparable with those of permanent officials,

Article 17(2) and (3) of Annex VII of the Staff Regulations have always applied by extension to Members of the Commission, of the Court of Justice and the Court of Auditors along with the joint rules on transfers of part of salaries with weightings. The rules governing these transfers relating to officials of the European Civil Service, including limits, have identical application to Members of the Commission, the Court of Justice and the Court of Auditors.

Under the terms of existing law and practice, the sum transferred to the country of origin is subject to the adaptation of the weighting factor of the country in question. This weighting factor corrects for differences in purchasing power as calculated by Eurostat and adopted annually by the Council. Like officials, Members find themselves obliged to meet expenses in another Member State, normally their country of origin, arising from the need to fulfil family or domestic obligations.

This practice has always been applied not only to the President and Members of the Commission but also to the President, Judges, Advocates-General and the registrar of the Court of Justice, and to Members of the Court of Auditors.

The Council and the European Parliament in their capacity as the Budgetary Authority have annually approved the arrangements for Members of the Commission, the Court of Justice and the Court of Auditors to make transfers with weightings by making available the necessary means under budget heading A-1090 on Weightings. The comment on that heading says that This appropriation also covers the cost of weightings applied to the part of emoluments transferred to a country other than the country of employment.

However, on 17th May 2002 the Court of Auditors informed the Commission of a decision of Court of Audit Members on 16th May that they consider that there is not a clear legal basis for the transfer of part of a salary with weightings and that, unless and until such clarity is achieved, Members of the Court will suspend transfers with weightings from 1 July.

While the Commission continues to believe that the practice which has conventionally been followed is justifiable in legal terms, it has nevertheless taken note of the Court of Auditors' decision and thinks that it would be right to take the same approach, as a provisional measure, from 1 July. Instructions to that effect have been given to the relevant services.

More generally, the Commission will review this matter with the other institutions concerned and give consideration to all relevant issues. Those issues include the fact that, as part of the Reform of the Staff Regulations, the Commission has proposed that the scope for making transfers with weightings should be significantly reduced for officials and therefore for Commissioners, and the question of whether an explicit legal base should be developed, for the avoidance of doubt, to relate specifically to Members of the Commission, the Court of Justice and the Court of Auditors.

(1) OJ L 187, 8.8.1967.

(2) as last amended by Council Regulation (EC, ECSC, Euratom) No 2581/2001 of 17 December 2001 adjusting with effect from 1 July 2001 the remuneration and pensions of officials and other servants of the European Communities and the weightings applied, OJ L 345, 29.12.2001.