Council Regulation (EC, Euratom) No 1292/2004 of 30 April 2004 amending Regulations No 422/67/EEC and No 5/67/Euratom determining the emoluments of the President and Members of the Commission and of 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
Date: 2004-04-30
Institutions: Council of the European Union
Subjects: General Court (EU), regulations for civil servants, social-security benefit, wage determination

15.7.2004

EN

Official Journal of the European Union

L 243/23

COUNCIL REGULATION (EC, Euratom) No 1292/2004

of 30 April 2004

amending Regulations No 422/67/EEC and No 5/67/Euratom determining the emoluments of the
President and Members of the Commission and of 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

THE COUNCIL OF THE EUROPEAN UNION,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty
Community, and in particular Article 210 thereof,

establishing the European

Article 1

Regulations No 422/67/EEC and No 5/67/Euratom shall be
amended as follows:

Having regard to the Treaty establishing the European Atomic
Energy Community, and in particular Article 123 thereof,

1. the following second subparagraph shall be added to Article

1:

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

Whereas:

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 their 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)

(2)

(3)

It is for the Council to determine the emoluments of the
President and Members of the Commission and of the
President, Judges, Advocates General and Registrar of the
Court of
the President, Members and
Registrar of the Court of First Instance.

Justice and of

2. (a)

in Articles 2 and 21a, the terms ‘the last step of grade A
1’ shall be replaced by the terms ‘the third step of grade
16’;

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.

(b) in Article 2, the following paragraph shall be added:

‘3.
However, from 1 May 2004 to 30 April 2006, the
terms “the third step of grade 16” in paragraphs 1 and 2
shall read “the third step of grade A*16”.’;

As Regulations No 422/67/EEC and No 5/67/Euratom (3)
makes applicable to the Members of the Commission, the
Court of
Instance by
analogy a number of provisions of the abovementioned
Staff Regulations, the said Regulation should therefore be
amended accordingly,

Justice and the Court of First

3. the following Article shall be inserted:

‘Article 4b

(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 187, 8.8.1967, p. 1. Regulation as last amended by Regulation
(EC, ECSC, Euratom) No 2778/98 (OJ L 347, 23.12.1998, p. 1).

to the

analogy

Article 17 of Annex VII to the Staff Regulations shall apply
by
the
Commission, the President, Judges, Advocates General and
Registrar of the Court of Justice and the President, Members
and Registrar of the Court of First Instance.’;

and Members of

President

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Official Journal of the European Union

15.7.2004

4.

in Article 6(c), the terms ‘for a grade A 1 official’ shall be
deleted;

5. Article 9 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 Commission and of the Court of Justice in office
before 1 May 2004, and until the end of their functions
in, respectively, the Commission and the Court of Justice,
the amount of the pension shall be 4,5 % of the basic
salary last received for each full year in office.’;

6. Article 11 shall be amended as follows:

(a)

third subparagraph shall be

the
following:

replaced by the

‘However, former Members of the Commission or of the
Court shall be covered by the provisions of Article 72 of
the Staff Regulations of officials of
the European
Communities on condition that they are not in gainful
employment and that
they cannot be covered by a
national sickness insurance scheme.’;

(b) in the fourth and fifth subparagraphs ‘60’ shall be

replaced by ‘63’;

(c)

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

7. Article 15 shall be amended as follows:

(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 19 shall be amended as follows:

(a)

in paragraph 1, the terms ‘the currency of the country
where the institution has its provisional seat’ shall be
replaced by ‘euro’;

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

No weighting shall be applied to the sums due

‘2.
under Articles 7, 8, 10 and 15.

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

in euro,

For beneficiaries residing outside the European Union,
into a bank in the
pensions shall be paid,
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

(a)

in paragraph 1:

9. the following Article shall be inserted:

— 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

‘Article 21b

Articles 14, 15, 16, 17 and 19 of Annex XIII to the
1.
Staff Regulations of officials of the European Communities
shall apply by analogy to the President and Members of the
Commission, the President, Judges, Advocates General and
Registrar of the Court of Justice and the President, Members
and Registrar of the Court of First Instance.

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 7, 8, 10 and 15.’

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

Article 2

(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’;

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.

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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