CELEX: 31962R0014
Language: en
Date: 1961-12-18 00:00:00
Title: EAEC: Regulation No 14 of the Council determining the emoluments of members of the Commission

Official Journal of the European Communities                                    259
1730/62                      OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES                                        19.7.62
                                    REGULATION No 14 OF THE COUNCIL
                             determining the emoluments of members of the Commission
THE      COUNCIL     OF   THE     EUROPEAN     ATOMIC          children. Where the spouse is gainfully employed, the
ENERGY COMMUNITY,                                              member shall not be entitled to a head of house­
                                                               hold allowance.
Having regard to the Treaty establishing the European
Atomic Energy Community, and in particular Article             3 . ' Dependent child' means the legitimate, natural
123 thereof, and to Article 19 of the Protocol on              or adopted child of a member of the Commission, or
the Privileges and Immunities of the Community ;               of his spouse, who is actually being maintained
                                                               by the member of the Commission.
Whereas it is for the Council of the European
Atomic Energy Community to determine the salaries,             The allowance shall be granted in respect of :
allowances and pensions of the President and members
of the Commission ;                                            — a child under eighteen years of age ;
                                                               — a child between eighteen and twenty-five years
HAS ADOPTED THIS REGULATION :
                                                                    of age who is receiving full-time education or
                                                                   vocational training.
                        Article 1                              Payment of the allowance in respect of a child pre­
                                                               vented by serious illness or disablement from earning
From the date of taking up their duties until they             a livelihood shall continue throughout the period of
cease to hold office, members of the Commission shall          that illness or disablement, irrespective of age.
be entitled to a basic salary, family allowances , paid
in the currency of the country where the Community             4. In respect of each dependent child within the
has its provisional seat.                                      meaning of paragraph 3 who is in regular full-time
                                                               attendance at an educational establishment, the mem­
                                                               ber of the Commission shall in addition be entitled
                        Article 2
                                                               to an education allowance equal to the actual edu­
                                                               cation costs incurred by him up to a maximum of
The basic monthly salary shall be :                            Bfrs 900 per month.
     President                          Bfrs 85 600            Entitlement to this allowance shall commence on the
     Vice-President                     Bfrs 77 150            first day of the month in which the child reaches
                                                               the age of six years and shall cease at the end of the
     Other Members                      Bfrs 68 750            month in which the child reaches the age of twenty­
                                                               one years .
                        Article 3
                                                                                       Article 4
1.     Family allowances shall comprise :
                                                               1.    Members of the Commission shall be entitled to a
( a) Head of household allowance, equal to 5% of              residence allowance equal to 15% of the basic salary.
     the basic salary ;
(b) Dependent child's allowance, equal to Bfrs 1000           2.     A monthly representation allowance shall be paid
     per child per month ;                                    to members of the Commission as follows :
( c) Education allowance.                                          President                            Bfrs 17500
                                                                   Vice-President                       Bfrs 11 250
2.     'Head of household' means a married member
of the Commission or a member who has dependent                    Other Members                        Bfrs  7 500
 ---pagebreak---                                                       \
 260                                 Official Journal of the European Communities
                         Article 5                              by which his gross monthly remuneration (i.e. before
                                                                deduction of taxes) together with the allowance pro­
 On taking up his duties and on ceasing to hold                 vided for in paragraph 1 , exceeds the remuneration,
 office a member of the Commission shall be entitled            before deduction of taxes, which he was receiving as a
to ;                                                            member of the Commission under Articles 2, 3 and 4 ( 1)
                                                                shall be deducted from the allowance. In calculating
 ( a) an installation allowance equal to two months'            the amount of remuneration received for the new ac­
      basic salary on taking up his duties and a resettle­      tivity, all forms of remuneration shall be included,
      ment allowance equal to one month's basic salary          except those representing reimbursement of expenses .
      on ceasing to hold office ;
                                                                The Council shall take all measures required to en­
 (b) reimbursement of the cost of removal of his per­           sure the application of the preceding paragraph.
      sonal effects and furniture, including insurance
      against ordinary risks (theft, breakage, fire).
                                                                                          Article 8
If his term of office is renewed he shall not be en­
titled to any of the allowances set out in this Article         1 . After ceasing to hold office, members of the
nor shall he be so entitled if he is appointed member           Commission shall be entitled to a pension for life
of another institution of the Communities , if that insti­      payable from the date when they reach the age of
tution has its provisional seat in the town where he­           sixty-five years.
was formerly required to reside by reason of his office
and if at the time of the new appointment he has
not already effected his resettlement.                          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 :
                         Article 6
                                                                      Age                                  Coefficient
A member of the Commission required in the course                    60 years                                0-64271
of his duties to travel away from the provisional seat
                                                                     61 years                                0-69762
of the Community shall be entitled to :
                                                                     62 years                                0-75985
( a) reimbursement of travelling expenses';
(b) reimbursement of hotel expenses (room, service                   63 years                                0-82157
      and taxes only) ;                                              64 years                                0-90554
( c) a subsistence allowance of Bfrs 650 for each com­
      plete day of absence ; for journeys outside Europe                                  Article 9
      that allowance shall be Bfrs 1250.
                                                                The amount of the pension shall be 4-5% of the basic
                         Article 7                              salary last received for each full year in office and
                                                                one-twelfth of that sum for each complete month.
1.     For three years from the first day of the month          The maximum pension shall be 50% of the basic salary
                                                                last received .
following in which he ceases to hold office, a former
member of the Commission shall receive a monthly
transitional allowance equal to 40% of the basic salary                                   Article 10 .
which he was receiving when he ceased to hold office
if he has served for less than two years , to 45%
of such basic salary if he has served for more than             A member of the Commission who is suffering from a
two but less than three years and to 50% in other               disablement deemed to be total which prevents hini
cases .
                                                                from performing his duties and who on these grounds
                                                                resigns or is compelled to resign shall be entitled
2.     Entitlement to this allowance shall cease if the
                                                                from the date of resignation or compulsory resig­
                                                                nation to the following benefits :
former member of the Commission is reappointed to
office in one of the institutions of the Communities            ( a) Where the disablement is recognised as permanent
or upon his death. In the event of reappointment,                    he shall be entitled to a pension for life calcu­
the allowance shall be paid up to the date of taking                 lated in accordance with the provisions of Article 9,
up his duties ; in the event of death, the payment for               which shall be not less than 25% of the basic
the month in which death occurred shall be the last.                 salary last received. He shall be entitled to the
                                                                     maximum pension if the incapacity is the result of
3 . If during this three-year period the person con­                 disablement or illness contracted in the perform­
cerned takes up any new gainful activity, the amount                 ance of his duties .
 ---pagebreak---                                     Official Journal of the European Communities                                   261
(b) Where the disablement is temporary he shall be             That pension shall be equal to a percentage of the
    entitled, until he recovers, to a pension at the           pension accruing to the member or former member
    rate of 50% of the basic salary last received if           under Article 9 above at the date of death, namely :
    the disablement or illness was contracted in the
                                                                   for the widow                              50%
    performance of his duties, and 25% in other cases .
    When the recipient of such disability pension                  for each child where the mother is still
    reaches the age of sixty-five years or the disability          alive                                      10%
    pension has been in effect for seven years, it shall
    be replaced by a pension for life calculated in                for each child where both mother and
    accordance with the provisions of Article 9.                   father are dead                            20%
                                                               However, if the death of the member of the Com­
                        Article 11                             mission occurs during his term of office, the survivor's
                                                               pension shall be calculated on the basis of a pension
Members of the Commission shall be entitled to the             equal to 50% of the basic salary received at the time
                                                               of death .
benefits of the social security scheme provided for in
Articles 72 to 75 of the Staff Regulations of Officials
of the Community.                                              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 on
                        Article 12                             which they are calculated. The maximum total sur­
                                                               vivors' pensions payable shall be divided, where
Where a third party is responsible for the disablement         applicable, between the beneficiaries in accordance
or death of a member of the Commission, the rights             with the above percentages .
of the member or of those entitled under him to bring
legal proceedings against the third party shall devolve        3 . Survivors' pensions shall be granted from the
on the Communities to the extent to which they                 first day of the calendar month following the date of
incur obligations under the pension scheme.                    death. However, where the provisions of Article 14
                                                               are applied, eligibility shall not commence until the
                                                               first day of the fourth month following that in which
                        Article 13                             death occurred.
The transitional allowance provided for in Article 7,          4. Entitlement to a survivor's pension shall cease
the pension provided for in Article 8 and the pensions         at the end of the calendar month in which the person
provided for in Article 10 shall not be drawn con­             entitled dies . Moreover, entitlement to an orphan's
currently by the same person. Where a member of                pension shall cease at the end of the month in which
the Commission is entitled to claim benefit under
                                                               the child reaches the age of twenty-one years .
more than one of those provisions, only that pro­              However, entitlement shall be extended while the child
vision which is the most favourable to the claimant
                                                               is receiving vocational training though not beyond the
shall be applied.                                              end of the month in which he reaches the age of
                                                               twenty-five years .
                        Article 14                             The pension shall remain payable to an orphan who
                                                               is prevented through illness or disablement from
Where a member of the Commission dies during his               earning a livelihood.
term of office, the surviving spouse or dependent
children shall be entitled, until the end of the third
                                                               5.    Where a former member of the Commission mar­
month following that in which death occurred, to the
remuneration to which the member of the Com­                   ries and at the date of marriage has pension rights
mission would have been entitled under Articles 2, 3           accruing to him under this Regulation, the wife and
and 4 ( 1 ).                                                   any children of that marriage shall not be entitled
                                                               to a survivor's pension save where the marriage pre­
                                                               cedes the death of the former member of the Com­
                        Article 15                             mission by five years or more.
1 . The widow and dependent children of a member               6. A widow's entitlement to a survivor's pension
or former member of the Commission to whom pen­                shall cease on remarriage. She shall then be entitled to
sion rights have accrued at the time of his death              immediate payment of a lump sum equal to twice
shall be entitled to a survivor's pension.                     the annual amount of her survivor's pension.
 ---pagebreak---  262                                Official Journal of the European Communities
                       Article 16                              remain operative for at least two years. Where neither
                                                               the first nor the second of these countries is a mem­
A member of the Commission who is relieved of his              ber country of the Community, the " sums due shall
duties on grounds of serious misconduct shall forfeit          be paid in the currency of the country where the
any right to transitional allowance and retirement             Community has its provisional seat.
pension ; this shall not, however, affect those entitled
under him .
                                                                                      Article 20
                       Article 17
                                                               As a transitional arrangement, former members of the
Should the Council decide to increase the basic salary,        Commission to whom the provisional rules on emolu­
it shall at the same , time decide on an appropriate           ments were applicable when they ceased to hold
                                                               office shall be entitled to the transitional allowance
increase in the rates of existing pensions .
                                                               and to the installation allowance provided for in
                                                               these provisional rules , in accordance with the terms
                       Article 18                              laid down therein.
Payment of the benefits provided for in this pension           The amount of their pension, awarded on the basis of
scheme shall be entered in the budget of the Com­              this Regulation, shall be not less than that resulting
munity. Member States shall jointly guarantee pay­             from the provisional rules on emoluments .
ment of these benefits in accordance with the scale
laid down for the financing of such expenditure.
                                                                                      Article 21
                       Article 19
                                                               The Regulation laying down the conditions and pro­
1.    Payment of the sums due under Articles 2, 3 , 4, 5 ,     cedure for applying the tax for the benefit of the
11 and 14 shall be made in the currency of the                 Community shall apply to members of the Com­
                                                               mission.
country where the Community has its provisional seat.
2. Beneficiaries may elect to ha^e sums due under
Articles 7, 8, 10 and 15 paid in the currency either                                  Article 22
of the country of which they are nationals or of their
country of residence or of the country where the               This Regulation shall enter into force on 10 January
Community has its provisional seat ; their choice shall        1962 .
              This Regulation shall* be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels , 18 December 1961 .
                                                                                      For the Council
                                                                                        The President
                                                                                   A. MULLER-ARMACK