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Parliamentary questions
1 March 2010
E-6458/2009
Reply

In accordance with Article 243 of the Treaty on the Functioning of the European Union (TFEU), ‘the Council shall determine the salaries, allowances and pensions of the President of the European Council, the President of the Commission, the High Representative of the Union for Foreign Affairs and Security Policy, the Members of the Commission, the Presidents, Members and Registrars of the Court of Justice of the European Union, and the Secretary-General of the Council. It shall also determine any payment to be made instead of remuneration’.

That is the slightly amended version (new posts set up by the Treaty of Lisbon added) of Article 210 of the Treaty establishing the European Community (TEC) which read as follows: ‘The Council shall, acting by a qualified majority, determine the salaries, allowances and pensions 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 Members and Registrar of the Court of First Instance. It shall also, again by a qualified majority, determine any payment to be made instead of remuneration.’

The same applies to the members of the Court of Auditors: ‘The Council shall determine the conditions of employment of the President and the Members of the Court of Auditors and in particular their salaries, allowances and pensions. It shall also determine any payment to be made instead of remuneration.’ (Article 286(7) TFEU, ex Article 247 TEC).

The legal situation is thus the same as before the Treaty of Lisbon came into force, i.e. the emoluments for these posts are not governed by the Staff Regulations of Officials of the EU (based on Article 336 TFEU, ex Article 283 TEC), but by specific arrangements established by the Council, acting by a qualified majority.

These financial arrangements are published in the Official Journal. To make them easier to read, the Publications Office has also produced informal consolidated versions of the oldest arrangements which have been amended on several occasions. The instruments concerned are:

Council Regulation No 422/67/EEC, 5/67/Euratom of 25 July 1967 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 and of the President, Members and Registrar of the European Union Civil Service Tribunal (OJ L 187, 8.8.1967, p. 1);

Council Decision 2009/909/EU of 1 December 2009 laying down the conditions of employment of the President of the European Council (OJ L 322, 9.12.2009, p. 35);

Council Decision 2009/910/EU of 1 December 2009 laying down the conditions of employment of the High Representative of the Union for Foreign Affairs and Security Policy (OJ L 322, 9.12.2009, p. 36);

Council Regulation (EEC, Euratom, ECSC) No 2290/77 of 18 October 1977 determining the emoluments of the members of the Court of Auditors (OJ L 268, 20.10.1977, p. 1);

Council Decision 2009/912/EU of 1 December 2009 laying down the conditions of employment of the Secretary-General of the Council of the European Union (OJ L 322, 9.12.2009, p. 38).

These arrangements provide that the persons exercising the functions in question are entitled to a basic salary, family allowances and other allowances. They involve, in part, making certain provisions of the Staff Regulations of EU officials applicable by cross-reference.

The basic salary is calculated on the basis of the basic salary of an official of the European Union at grade 16, third step. Thus, when there is an annual adjustment to the official's salary (upwards or downwards in line with the system provided for in Articles 65 and 65a of the Staff Regulations of EU officials), the basic salary provided for by the specific arrangements is automatically adjusted accordingly. The basic salaries under these specific arrangements are as follows:

FunctionBasic salary as % of the basic salary of an official of the European Union at grade A 16, 3rd step
President of the European Council138 %
President of the Commission138 %
President of the Court of Justice138 %
High Representative of the Union for Foreign Affairs and Security Policy130 %
Vice-President of the Commission125 %
President of the Court of Auditors115 %
Member of the Commission112.5 %
Judge or Advocate-General of the Court of Justice112.5 %
President of the General Court112.5 %
Member of the Court of Auditors108 %
President of the Civil Service Tribunal104 %
Member of the General Court104 %
Registrar of the Court of Justice101 %
Secretary-General of the Council100 %
Member of the Civil Service Tribunal100 %
Registrar of the General Court95 %
Registrar of the Civil Service Tribunal90 %

The family allowances and social security arrangements (covering sickness, occupational disease, industrial accident and birth and death benefits) are set by analogy with the provisions of the Staff Regulations for EU officials. The arrangements also provide for a residence allowance equal to 15 % of the basic salary, a monthly representation allowance, a monthly transitional allowance for a period of three years (minus remuneration from any other source) and a pension payable from the age of 65. As in the case of officials, there is also provision for an installation allowance and reimbursement of the cost of removal and travel on taking up duties and on ceasing to hold office and for reimbursement of mission expenses.

Details of these allowances and the different rates applicable depending on the level of the functions exercised are set out explicitly in the regulations and decisions concerned.

Last updated: 16 March 2010Legal notice