CELEX: 31962R0063
Language: en
Date: 1961-12-18 00:00:00
Title: EEC: Regulation No 63 of the Council determining the emoluments of members of the Commission

Official Journal of the European Communities                                    255
 1724/62                     OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES                                        19.7.62
                                      REGULATION No 63 OF THE CQUNCIL
                             determining the emoluments of members of the Commission
THE COUNCIL          OF THE EUROPEAN ECONOMIC                  children. Where the spouse is gainfully employed, the
COMMUNITY,                                                     member shall not be entitled to a head of household
                                                               allowance .
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 154              3.    'Dependent child' means a legitimate, natural or
thereof, and to Article 19 of the Protocol on the Privi­       adopted child of a member of the Commission, or of
leges and Immunities of the Community ;                        his spouse, who is actually being maintained by the
                                                               member of the Commission .
Whereas it is for the Council of the European Econ­
omic Community to determine the salaries, allowances           The allowance shall be granted in respect of :
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 of
HAS ADOPTED THIS REGULATION :
                                                                   age who is receiving full time education or vo­
                                                                   cational 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 cease       a livelihood shall continue throughout the period of
to hold office, members of the Commission shall be             illness or disablement, irrespective of age.
entitled to a basic salary, family allowances and other                                                     f
allowances , paid in the currency of the country where         4. In respect of each dependent child within the
the Community has its provisional seiat.                       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
      Member                             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 17 500
                                                                    Vice-President                      Bfrs 11 250
2.      ' Head of household' means a married member of
the Commission or a member who has dependent                        Member                              Bfrs  7 500
 ---pagebreak---  256                                  Official Journal of the European Communities
                          Article 5                              which his gross monthly remuneration (i.e. before de­
                                                                 duction of taxes) together with the allowance provided
 On taking up his duties and on ceasing to hold office           for in paragraph 1 exceeds the remuneration before
a member of the Commission shall be entitled to :                deduction of taxes , which he was receiving as a member
                                                                 of the Commission under Articles 2, 3 and 4 ( 1) shall
 ( a) an installation allowance equal to two month's             be deducted from the allowance. In calculating the
      basic salary on taking up his duties and a resettle­       amount of remuneration received for the new activity,
      ment allowance equal to one month's basic salary           all forms of remuneration shall be included, except
      on ceasing to hold office ;                                those representing reimbursement of expenses .
 (b) reimbursement of the cost of removal of his per­            The Council shall take all measures required to en­
      sonal effects and furniture, including insurance           sure the application of the preceding paragraph.
      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.
Nor shall he be so entitled if he is appointed mem­              1 . After ceasing to hold office, members of the
ber of another institution of the Communities , if that          Commission shall be entitled to a pension for life
institution has its provisional seat in the town where           payable from the date, when they reach the age of
he was formerly required to reside by reason of his              sixty-five years.
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
of his duties to travel away from the provisional seat                60 years                                0-64271
of the Community shall be entitled to :                               61 years                                0-69762
( a) reimbursement of travelling expenses ;                           62 years                                0-75985
                                                                      63 years                                0-82157
(b) reimbursement of hotel expenses (room, service
      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
      the allowance shall be raised to Bfrs 1250.
                                                                 The amount of the pension shall be 4-5% of the basic
                                                                 salary last received for each full year in office and
                         Article 7
                                                                 one-twelfth of that sum for each complete month.
                                                                 The maximum pension shall be 50% of the basic salary
1.     For three years from the first day of the month           last received .
following that in which he ceases to hold office, a
former member of the Commission shall receive a
monthly transitional allowance equal to 40% of the                                         Article 10
basic salary which he was receiving when he ceased
to hold office if he has served for less than two years,         A member of the Commission who is suffering from
to 45% of such basic salary if he has served for more            disablement deemed to be total which prevents him
than two years but less than three years and to 50% in           from performing his duties and who on these grounds
other cases .                                                    resigns or is compelled to resign shall be entitled from
                                                                 the date of resignation or compulsory resignation to
2.     Entitlement to this allowance shall cease if the          the following benefits : '
former member of the Commission is reappointed to
office in one of the institutions of the Communi­                ( a) Where disablement is recognised0 as permanent he
ties or upon his death. In the event of reappointment,                shall be entitled to a pension for life calculated
the allowance shall be paid up to the date of taking                  in accordance with the provisions of Article 9,
up his duties ; in the event of death, the payment                    which shall be not less than 25% of the basic
for 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 gainful activity, the amount by                   ance of his duties .
 ---pagebreak---                                      Official Journal of the European Communities                                   257
(b) "Where disablement is temporary, he shall be en­            That pension shall be equal to a percentage of the
    titled, until he recovers, to a pension at the rate of      pension accruing to the member or former member
    50% of the basic salary last received if the disable­       under Article 9 at the date of death, namely :
    ment or illness was contracted in the performance                for the widow                             50%
    of his duties, and 25% in other cases . When the
    recipient of such disability pension reaches the age             for each child where the mother
    of sixty-five years or the disability pension has                is still alive                            10%
    been in effect for seven years , it shall be replaced
    by a pension for life calculated in accordance with              for each child where both father
    the provisions of Article 9.                                     and mother 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 pen­
                                                                sion equal to 50% of the basic salary received at the
Members of the Commission shall be entitled to 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 appli­
Where a third party is responsible for the disable­             cable, between the beneficiaries in accordance with the
ment or death of a member the rights of that mem­               above percentages.
ber or those entitled under him to bring legal pro­
ceedings against the third party shall devolve on the           3 . Survivors' pensions shall be granted from the
Community to the extent to which they incur obli­
                                                                first day of the calendar month following the date of
gations under this 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 occurs .
The transitional allowance provided for in Article 7,           4. Entitlement to a survivor's pension shall cease at
the pension provided for in Article 8 and the pen­              the end of the calendar month in which the person
sions provided for in Article 10 shall not be drawn             entitled dies. Moreover, entitlement to an orphan's
concurrently by the same person. Where a member                 pension shall cease at the end of the month in which
of the Commission, is entitled to claim benefit under           the child reaches the age of twenty-one years . How­
more than one of those provisions, only that pro­               ever, entitlement shall be extended while the child is
vision which is the most favourable to the claimant
                                                                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 earning
                                                                a livelihood.
Where a member of the Commission dies during his
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
month following that in which death occurs , to the             marries and at the date of marriage has pension rights
remuneration to which the member of the Commis­
                                                                accruing to him under this Regulation, the wife and
sion would have been entitled under Articles 2, 3
                                                                any children of that marriage shall not be entitled to
and 4 (1).                                                      a survivor's pension save where the marriage precedes
                                                                the death of the former member of the Commission
                                                                by five years or more.
                         Article 15
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
sion rights have accrued at the time of his death shall         to immediate payment of a lump sum equal to twice
be entitled to a survivor's pension.                            the annual amount of her survivor's pension.
 ---pagebreak--- 258                                 Official Journal of the European Communities
                       Article 16                              residence or of the country where the Community
                                                               has its provisional seat ; their choice shall remain
A member of the Commission who is relieved of                  operative for at least two years. "Where neither the first
his duties on grounds of serious misconduct shall              nor the second of these countries is a member country
forfeit any right to transitional allowance and retire­        of the Community, the sums due shall be paid in the
ment pension ; this shall not, however, affect those           currency of the country where the Community has
entitled under him .                                           its provisional seat.
                       Article 17                                                      ■ Article 20
Should the Council decide to ' increase the basic salary,      As a transitional arrangement, former members of the
it shall at the same time decide on an appropriate             Commission to whom the provisional rules on emolu­
increase in the rates of existing pensions .                   ments were applicable when they ceased to hold
                                                               office shall be- entitled to the transitional allow­
                                                               ance and to the installation allowance provided for
                       Article 18                              in those provisional rules, in accordance with the
                                                               terms laid down therein.
Payment of the benefits provided for in this pension
scheme shall be entered in the budget of the Com­              The amount of their pension, awarded on the basis of
munity. Member States shall jointly guarantee pay­             this Regulation, shall be not less than that result­
ment of these benefits in accordance with the scale            ing from the provisional rules on emoluments .
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,        cedure for applying the tax for the benefit of the
5, 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 .
                                                                                         Article 22
2.     Beneficiaries may elect to have sums due under
Articles 7, 8, 10 and 15 paid in the currency either           This Regulation shall enter into force on 10 January
of which they are nationals or of their country of             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. MOLLER-ARMACK