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,

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

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

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

Whereas:

(1) 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 Justice and of the President, Members and Registrar of the Court of First Instance.

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

(3) As Regulations No 422/67/EEC and No 5/67/Euratom(3) makes applicable to the Members of the Commission, the Court of Justice and the Court of First Instance 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

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

1. the following second subparagraph shall be added to Article 1:

芦For the purposes of this Regulation, non-marital partnerships 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.禄

;

2. (a) in Articles 2 and 21a, the terms 芦the last step of grade A 1禄 shall be replaced by the terms 芦the third step of grade 16禄 ;

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

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

3. the following Article shall be inserted:

芦Article 4b

Article 17 of Annex VII to the Staff Regulations 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.禄 ;

4. in Article 6(c), the terms 芦for a grade A 1 official禄 shall be deleted;

5. Article 9 shall be amended as follows:

- in the first subparagraph, the term 芦4,5 %禄 shall be replaced by 芦4,275 %禄 ,

- the following last subparagraph shall be added:

芦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.禄 ;

6. Article 11 shall be amended as follows:

(a) the third subparagraph shall be replaced by the following:

芦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.禄 ;

(b) in the fourth and fifth subparagraphs 芦60禄 shall be replaced by 芦63禄 ;

(c) in the fifth subparagraph, the terms 芦enabling him to be covered by another public sickness insurance scheme禄 shall be deleted;

7. Article 15 shall be amended as follows:

(a) in paragraph 1:

- in the first subparagraph, the terms 芦the widow and dependent children of a member禄 shall be replaced by 芦the surviving spouse and children dependent at the time of death of the member禄 ,

- in the first indent of the second subparagraph, the term 芦widow禄 shall be replaced by 芦surviving spouse禄 ,

- in the second indent of the second subparagraph, the terms 芦where the mother is still alive禄 shall be replaced by 芦where either the mother or the father is dead禄 ,

- in the first indent of the third subparagraph, the term 芦widow禄 shall be replaced by 芦surviving spouse禄 ;

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

(c) in paragraph 6, the term 芦widow禄 shall be replaced by 芦surviving spouse禄 , the term 芦She禄 shall be replaced by 芦The surviving spouse禄 and the term 芦her禄 shall be replaced by 芦the禄 ;

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

(e) in paragraph 8, the term 芦widow禄 shall be replaced by 芦surviving spouse禄 ;

8. Article 19 shall be amended as follows:

(a) in paragraph 1, the terms 芦the currency of the country where the institution has its provisional seat禄 shall be replaced by 芦euro禄 ;

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

芦2. No weighting shall be applied to the sums due 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.

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 implementation of the general budget of the European Communities.禄 ;

9. the following Article shall be inserted:

芦Article 21b

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 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.禄

Article 2

This Regulation shall enter into force on the day of its publication 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

(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).