Council Regulation (EC, Euratom) No 1293/2004 of 30 April 2004 amending Regulation (EEC, Euratom, ECSC) No 2290/77 determining the emoluments of the Members of the Court of Auditors
Date: 2004-04-30
Institutions: Council of the European Union
Subjects: European Court of Auditors, regulations for civil servants, social-security benefit, wage determination

L 243/26

EN

Official Journal of the European Union

15.7.2004

COUNCIL REGULATION (EC, Euratom) No 1293/2004

of 30 April 2004

amending Regulation (EEC, Euratom, ECSC) No 2290/77 determining the emoluments of the
Members of the Court of Auditors

THE COUNCIL OF THE EUROPEAN UNION,

2.

in Article 2:

Having regard to the Treaty
Community, and in particular Article 247(8) thereof,

establishing the European

— the terms ‘the last step of grade A 1’ shall be replaced by

the terms ‘the third step of grade 16’,

Having regard to the Treaty establishing the European Atomic
Energy Community, and in particular the first paragraph of
Article 160b(8) thereof,

Having regard to the draft Regulation presented by the
Commission on 2 April 2004,

Whereas:

— the following new subparagraph shall be added:

‘However, from 1 May 2004 to 30 April 2006, the terms
“the third step of grade 16” in the first subparagraph
shall read “the third step of grade A*16”.’;

3. the following Article shall be inserted:

‘Article 5a

It is for the Council to determine the emoluments of the
Members of the Court of Auditors.

Article 17 of Annex VII to the Staff Regulations shall apply
by analogy to the Members of the Court of Auditors.’;

(1)

(2)

(3)

Regulation (EC, Euratom) No 723/2004 (1), amended
Regulation (EEC, Euratom, ECSC) No 259/68 (2) laying
and the
down the
Staff Regulations of officials
Conditions of employment of other servants of
the
European Communities.

As Regulation (EEC, Euratom, ECSC) No 2290/77 (3)
the Court of
makes applicable to the Members of
Auditors by analogy a number of provisions of
the
abovementioned Staff Regulations, the said Regulation
should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

4.

in Article 7(c), the terms ‘for a grade A 1 official’ shall be
deleted;

5. Article 10 shall be amended as follows:

— in the first subparagraph,
replaced by ‘4,275 %’,

the term ‘4,5 %’ shall be

— the following last subparagraph shall be added:

‘By derogation from the first subparagraph, for Members
of the Court of Auditors in office before May 2004, and
until the end of their functions in the Court of Auditors,
the amount of the pension shall be 4,5 % of the basic
salary last received for each full year in office.’;

Regulation (EC, Euratom, ECSC) No 2290/77 shall be amended
as follows:

6. Article 12 shall be amended as follows:

1. the following second subparagraph shall be added to Article

1:

(a)

the third paragraph shall be replaced by the following:

the purposes of

‘For
this Regulation, non-marital part-
nerships shall be treated as marriage provided that all the
conditions listed in Article 1(2)(c) of Annex VII to the Staff
Regulations of officials of the European Communities are
fulfilled. The unmarried partner of a member or former
member shall be considered as a spouse under the sickness
insurance scheme where the conditions set out in points (i),
(ii) and (iii) of paragraph (2)(c) of that Article are met.’;

(1) OJ L 124, 27.4.2004, p. 1.
(2) OJ L 56, 4.3.1968, p. 1. Regulation as last amended by Regulation

(EC, Euratom) No 723/2004.

(3) OJ L 268, 20.10.1977, p. 1. Regulation as last amended by Regu-
lation (EC, Euratom, ECSC) No 840/95 (OJ L 85, 19.4.1995, p. 10).

former Members of

‘However,
the Court of Auditors
shall be covered by the provisions of Article 72 of the
Staff Regulations of officials of the European Commu-
nities on condition that
in gainful
they cannot be covered by a
employment and that
national sickness insurance scheme.’;

they are not

(b) in the fourth and fifth paragraphs,

replaced by ‘63’;

the term ‘60’

is

(c)

in the fifth paragraph, the terms ‘enabling him to be
covered by another public sickness insurance scheme’
shall be deleted;

15.7.2004

EN

Official Journal of the European Union

L 243/27

7. Article 16 shall be amended as follows:

(b) paragraph 2 shall be replaced by the following:

(a)

in paragraph 1:

— in the first subparagraph, the terms ‘the widow and
dependent children of a member’ shall be replaced by
‘the surviving spouse and children dependent at the
time of death of the member’,

— in the first indent of the second subparagraph, the
term ‘widow’ shall be replaced by ‘surviving spouse’,

— in the second indent of the second subparagraph, the
terms
shall be
replaced by ‘where either the mother or the father
is dead’,

‘where the mother

still alive’

is

— in the first indent of the third subparagraph, the term
‘widow’ shall be replaced by ‘surviving spouse’;

(b) in paragraph 5, the terms ‘has pension rights accruing to
him under this Regulation, the wife’ shall be replaced by
‘has accrued pension rights under this Regulation, the
spouse’;

(c)

in paragraph 6, the term ‘widow’ shall be replaced by
‘surviving spouse’, the term ‘She’ shall be replaced by
‘The surviving spouse’ and the term ‘her’
shall be
replaced by ‘the’;

(d) in paragraph 7, the term ‘widow’ shall be replaced by
‘surviving spouse’, and the terms ‘where he leaves’ shall
be deleted;

(e)

in paragraph 8, the term ‘widow’ shall be replaced by
‘surviving spouse’;

8. Article 20 shall be amended as follows:

(a)

in paragraph 1,
Court of Auditors
replaced by ‘euro’;

‘the currency of the country where the
shall be

is provisionally located’

No weighting shall be applied to the sums due

‘2.
under Articles 8, 9, 11 and 16.

These sums shall be paid to beneficiaries residing in the
European Union in euro, into a bank in the country of
residence.

For beneficiaries residing outside the European Union,
pensions shall be paid in euro,
into a bank in the
country of
residence. The pension may by way of
exception be paid in euro into a bank in the country
where the institution has its headquarters, or in foreign
currency in the country of residence of the pensioner,
converted at the most up-to-date exchange rates used for
the
the
implementation of
European Communities.’;

the general budget of

9. the following Article shall be inserted:

‘Article 21a

1.
Articles 14, 15, 16, 17 and 19 of Annex XIII to the
Staff Regulations of officials of the European Communities
shall apply by analogy to the Members of the Court of
Auditors.

2.
Articles 20, 24 and 25 of Annex XIII to the Staff
Regulations of officials of the European Communities shall
apply by analogy to the beneficiaries of the sums due under
Articles 8, 9, 11 and 16.’

Article 2

This Regulation shall enter into force on the day of its publi-
cation in the Official Journal of the European Union.

It shall apply from 1 May 2004.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 30 April 2004.

For the Council
The President

B. COWEN