EUR-Lex Access to European Union law
This document is an excerpt from the EUR-Lex website
Document 02009D0713(01)-20190101
Decision of the Bureau of 19 May and 9 July 2008 concerning implementing measures for the Statute for Members of the European Parliament
Consolidated text: Decision of the Bureau of 19 May and 9 July 2008 concerning implementing measures for the Statute for Members of the European Parliament
Decision of the Bureau of 19 May and 9 July 2008 concerning implementing measures for the Statute for Members of the European Parliament
02009D0713(01) — EN — 01.01.2019 — 002.001
This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document
|
DECISION OF THE BUREAU of 19 May and 9 July 2008 concerning implementing measures for the Statute for Members of the European Parliament (OJ C 159 13.7.2009, p. 1) |
Amended by:
DECISION OF THE BUREAU
of 19 May and 9 July 2008
concerning implementing measures for the Statute for Members of the European Parliament
2009/C 159/01
|
TABLE OF CONTENTS |
|
|
TITLE I — |
EXERCISE OF THE PARLIAMENTARY MANDATE |
|
Chapters: |
|
|
1. |
Salary |
|
2. |
Medical expenses |
|
3. |
Insurance against risks connected with the exercise of the parliamentary mandate |
|
4. |
Reimbursement of expenses |
|
5. |
Assistance from personal staff |
|
6. |
Provision of equipment and facilities |
|
TITLE II — |
END OF THE PARLIAMENTARY MANDATE |
|
Chapters: |
|
|
1. |
Transitional allowance |
|
2. |
Old-age pension |
|
3. |
Invalidity pension |
|
4. |
Survivor’s pension and orphan’s pension |
|
TITLE III — |
GENERAL AND FINAL PROVISIONS |
|
Chapters: |
|
|
1. |
Payment arrangements |
|
2. |
Regularisation and recovery |
|
3. |
Other general financial provisions |
|
4. |
Final provisions |
|
TITLE IV — |
TRANSITIONAL PROVISIONS |
TITLE I
EXERCISE OF THE PARLIAMENTARY MANDATE
CHAPTER 1
Salary
Article 1
Entitlement to salary
From the date on which they take up their duties until the last day of the month in which those duties cease, Members shall be entitled to the salary referred to in Article 10 of the Statute.
Article 2
Prohibition of concurrent receipt of salaries
1. The salary received by a Member for exercising a mandate in another parliament simultaneously with that in Parliament shall be offset against the salary provided for in Article 10 of the Statute.
2. ‘Another parliament’ as referred to in paragraph 1 shall mean any parliament established in a Member State which has legislative powers to which Article 7(2) of the Act concerning the election of the representatives of the European Parliament by direct universal suffrage ( 1 ) does not apply.
3. The calculation shall be based on the total of the two salaries before the deduction of tax.
4. Members shall state in their declarations of financial interests any mandate held within the meaning of paragraph 1 above, and any salary received as a result of that mandate.
CHAPTER 2
Medical expenses
Article 3
Recipients of reimbursements and reimbursement procedures
1. Pursuant to Article 18 of the Statute, and applying mutatis mutandis the rules drawn up by common agreement between the institutions of the Communities ( 2 ), and their general implementing provisions ( 3 ), the following persons shall be entitled to reimbursement of two-thirds of the costs that they incur as a result of sickness, pregnancy or the birth of a child:
(a) Members and former Members in receipt of the transitional allowance provided for in Article 13 of the Statute or of a pension pursuant to Articles 14 and 15 of the Statute in respect of their expenses and the expenses incurred:
(i) by their spouses or stable non-marital partners as defined in Article 58(2); and
(ii) by their dependent children as defined in Article 58(3), until the latter reach the age of 21 or, at the latest, 25 if they are in full-time education or professional training, or with no age limit if they are suffering from a serious illness or infirmity which prevents them from meeting their own needs,
in cases where those spouses, stable non-marital partners and dependent children are not eligible for benefits of the same nature and of the same level as Members or former Members by virtue of any other legal provision or regulations;
(b) persons entitled to a survivor’s pension pursuant to Article 17 of the Statute.
The persons referred to in points (a) and (b) shall be free to choose their practitioners and hospitals or clinics as set out in Article 19(1) of the aforementioned rules.
2. The reimbursements provided for in paragraph 1 shall be debited to Parliament’s budget. Article 72(3) and (4) of Regulation (EEC, Euratom, ECSC) No 259/68 of the Council of 29 February 1968 laying down the Staff Regulations of Officials of the European Communities and the Conditions of Employment of Other Servants of the European Communities ( 4 ) and Article 20(6) of the aforementioned rules shall apply.
3. Advances within the meaning of Article 30 of the aforementioned rules may only be granted in the form of direct billing of hospitalisation expenses. Following application of the reimbursement scale, the part of the expenses to be defrayed by the beneficiaries referred to in paragraph 1 of this article shall be paid back to Parliament in accordance with the conditions laid down in Article 30(2) and (3) of the said rules.
4. Members and former Members in receipt of the transitional allowance provided for in Article 13 of the Statute or of a pension pursuant to Articles 14 and 15 of the Statute may waive their entitlement to reimbursement of medical expenses as provided for in paragraph 1 with effect from the first day of the month following the date of submission of the request. In that case they shall be entitled to reimbursement of two thirds of the contribution due for health insurance provided that the total amount reimbursed does not exceed EUR 400 per month.
5. Any Member or former Member who, pursuant to paragraph 4, waives his or her entitlement to reimbursement of medical expenses may not return to the system of entitlement to reimbursement of medical expenses as provided for in paragraph 1 until 12 months have elapsed from the date on which the waiver took effect. Likewise, any subsequent change, whether it concerns a return to the system of entitlement to reimbursement of medical expenses as provided for in paragraph 1 or a waiver of such entitlement, may be made only after a minimum period of 12 months.
6. The amount referred to in paragraph 4 may be adapted annually by the Bureau up to the annual rate of increase of the average amount reimbursed per recipient by the Joint Sickness Insurance Scheme for officials of European Communities.
7. This Article shall also apply to former Members receiving the transitional allowance referred to in Article 45 for the period running from the first day following cessation of their duties to the date of the commencement of their entitlement to the transitional allowance.
8. This Article shall also apply to former Members receiving the old-age pension referred to in Article 49 for the period running from the first day following cessation of their duties to the date of the commencement of their entitlement to the pension, provided that the conditions set out in Article 49(1) were fulfilled before the cessation of their duties.
Article 4
Procedure
Applications for reimbursement shall be submitted to the relevant Parliament department or directly to the Settlements Office of the Commission, using standard forms accompanied by supporting documents.
Article 5
Financing
The financing of the reimbursement system and the arrangements for settling expenses shall be governed by a cooperation agreement between Parliament and the Commission on the basis of the provisions of the Statute and of the Joint Sickness Insurance Scheme of the institutions of the European Communities. On behalf of Parliament, its President shall sign that agreement after consulting the Quaestors.
Article 6
Complaints
Notwithstanding Article 72, any dispute arising from the interpretation of this chapter in specific cases shall be submitted to the Secretary-General, who shall take a decision after obtaining an opinion from the Management Committee of the Joint Sickness Insurance Scheme of the institutions of the European Communities and after consulting the Quaestors.
CHAPTER 3
Insurance against risks connected with the exercise of the parliamentary mandate
Article 7
General provisions
1. Under the conditions laid down in the insurance contracts, Members shall be entitled to:
(a) insurance against accidents which they might suffer during the exercise of their mandate;
(b) insurance against theft and loss of their personal property and effects during the exercise of their mandate.
2. Two-thirds of the insurance premiums due shall be charged to Parliament’s budget and the remaining third to Members. The contribution of each Member shall be deducted directly from the salary provided for in Article 10 of the Statute.
3. This article shall apply to all Members from the beginning of their mandate unless they notify the Secretary-General in writing of their express wish to forgo insurance cover. Where applicable, their right to insurance cover shall lapse on the last day of the month in which notification of that wish was given.
Article 8
Accident insurance
1. The accident insurance policy shall provide for cover against accidents to Members anywhere in the world throughout their mandate.
2. The provisions of the accident insurance policy shall provide for:
(a) in the event of death: payment to the persons listed below of a lump sum equal to five times the annual salary provided for in Article 10 of the Statute:
— to the spouse and children of the deceased Member in accordance with the law of succession governing the Member's estate; however, the amount to be paid to the spouse shall not be less than 25 % of the lump sum,
— where there are no persons of the category above, to the other descendants in accordance with the law of succession governing the Member's estate,
— where there are no persons of the two categories above, to the ascendants, in accordance with the law of succession governing the Member's estate,
— where there are no persons of any of the three categories above, to Parliament;
(b) in the event of total permanent invalidity: payment to the person concerned of a lump sum equal to eight times the salary provided for in Article 10 of the Statute;
(c) in the event of partial permanent invalidity: payment to the person concerned of a proportion of the amount provided for in point (b) calculated by reference to the scale laid down by the rules drawn up by common agreement of the institutions of the Communities ( 5 ), as provided for in Article 73(1) of Regulation (EEC, Euratom, ECSC) No 259/68.
3. The rules provided for in paragraph 2, point (c) shall apply, mutatis mutandis, to Members. The provisions concerning occupational diseases and life annuities and any provision the application of which is inseparable from the status of an official shall not apply. The complaints procedure provided for in Article 72 shall apply.
The powers of the Appointing Authority as laid down in the above instruments shall be exercised, in respect of Members, by the President of Parliament.
Recognition of total or partial permanent invalidity, pursuant to this article and the above instruments, shall not in any way preclude the application of Article 15 of the Statute and vice versa.
4. In accordance with the conditions laid down in the rules referred to in paragraph 2, point (c), cover shall also extend to medical and pharmaceutical expenses, costs of hospitalisation, surgery, prostheses, radiography, massage and orthopaedics, invoices from clinics, transport costs and any similar expenses necessitated by the accident. However, this reimbursement shall be made only after exhaustion of, and as a supplement to, those which the person concerned receives pursuant to the provisions on the reimbursement of medical expenses laid down in Article 18 of the Statute.
Article 9
Insurance against loss and theft
1. The insurance policy against theft and loss of personal property and effects shall provide for:
(a) worldwide cover;
(b) a maximum sum insured of EUR 5 000 per theft or loss;
(c) an excess of EUR 50 payable by the Member in the event of a successful claim;
(d) cover for personal effects and property;
(e) application of a percentage for depreciation on the price of the effect or property when the reimbursement is made.
2. In the event of theft or loss occurring off Parliament’s premises, cover shall be provided only if the Member concerned is travelling on official business at the time. If the theft occurs on Parliament’s premises, cover shall be provided if the effects or property stolen were kept in a safe place.
3. A theft or loss of money which occurs off Parliament’s premises and which is reported to the police shall be covered up to a maximum of EUR 250 if the lost or stolen money forms part of other personal effects lost or stolen. Theft or loss of money on Parliament’s premises shall not be covered.
4. In the event of baggage being lost or mislaid for more than 12 hours by a carrier when a Member is travelling on official business to a destination other than his or her place of residence, the personal effects or property which the Member has to buy or hire shall be covered up to a ceiling of EUR 500.
5. Any theft or loss of personal effects or property shall be reported by the Member concerned to the police if it occurred off Parliament’s premises. If it occurred on Parliament’s premises, it shall be reported to the Security Unit.
6. Thefts and losses shall be reported to the Secretary-General within eight days. The report form shall be accompanied by an invoice for the lost or stolen object or, failing that, for the replacement item if the value exceeds EUR 700.
7. The insurance shall not cover thefts and losses covered by a private insurance policy held by the Member.
CHAPTER 4
Reimbursement of Expenses
:
Reimbursement of travel expenses
:
Common provisions
Article 10
Entitlement to reimbursement for duty travel
1. Members shall be entitled to reimbursement of expenses actually incurred in undertaking:
(a) journeys to and from Parliament’s places of work or the venues for meetings of one of its official bodies, as defined in paragraph 3, hereinafter referred to as ‘ordinary travel expenses’;
(b) journeys undertaken in the performance of their duties outside the Member State in which they were elected, in keeping with the conditions laid down in Article 22, hereinafter referred to as ‘additional travel expenses’;
(c) journeys undertaken in the Member State in which they were elected, in keeping with the conditions laid down in Article 23.
2. The following shall also be regarded as ordinary travel expenses: travel expenses incurred by Members in undertaking any specific mission authorised by the President, the Bureau or the Conference of Presidents.
2a. The following shall also be regarded as ordinary travel expenses: travel expenses incurred by the Chairs of committees or sub-committees in attending Council meetings.
3. ‘Official Parliament bodies’ shall mean Parliament bodies, as defined in Title I, Chapter 3, of Parliament’s Rules of Procedure, along with the parliamentary committees, the interparliamentary delegations and other delegations constituted on the basis of those Rules of Procedure, the political groups and the other bodies authorised by the Bureau or the Conference of Presidents.
Article 11
Procedure
Travel expenses shall be reimbursed on the basis of the attestation of attendance and on presentation of the relevant travel documents, and, where appropriate, other supporting documents as stipulated in Article 14.
Article 12
Attestation of attendance
1. A Member’s attendance shall be attested by his or her signature in the record of attendance available in the Chamber or meeting room or by his or her signature in the central attendance register entered during its opening hours as laid down by the Bureau. An electronic attestation of a Member’s attendance may be used instead of his or her signature.
2. By way of exception, attendance may be attested by other documents proving that the Member was present at the meeting venue during normal meeting hours. This option may be used on no more than five occasions per half-parliamentary term.
3. Declarations by the Member or another person shall not be regarded as proof of attendance within the meaning of paragraphs 1 and 2. However, in the cases referred to in Article 10(1), points (b) and (c), and Article 10(2), attendance shall be attested by the Member’s declaration.
Article 13
Travel documents
1. Applications for reimbursement of travel expenses must be accompanied by supporting documents indicating the price paid, the route taken and the class, date and time of travel, and, in particular:
(a) in the event of travel by air: tickets bearing the Member’s name and all boarding cards;
(b) in the event of travel by rail or boat: all the tickets.
2. By way of derogation from paragraph 1, in the event of travel by car Members shall submit a declaration indicating the registration number of the car used to make the journey and, for car journeys in the Member State of election, the distance travelled and the places of departure and arrival, or, for all other car journeys, the mileage at the places of departure and arrival. Should the length of the journey exceed 800 km, the declaration shall be accompanied by supporting documents which make it possible to determine the date on which the journey was made (e.g. a fuel purchase receipt pertaining to a transaction at the place of departure or during the journey, motorway toll slip, car rental contract or invoice, etc.).
Supporting documents enabling the date of the journey to be ascertained must always be submitted in the case of journeys between Brussels and Strasbourg.
3. The cost of season tickets or a card entitling a named individual to a reduced fare for the journeys made may be reimbursed in the form of an advance. The advance shall be regularised at the end of the season ticket or card's validity.
4. A Member who purchases tickets from Parliament’s travel agency may, on his or her sole responsibility, and after signing an acknowledgement of receipt, ask the relevant department to reimburse the cost directly to the travel agency.
Article 14
Other supporting documents
Applications for reimbursement of travel expenses must be accompanied by the following documents:
(a) in the cases referred to in Article 10(1), point (b): an invitation to or a programme for the event attended by the Member or other supporting documents proving that the journey was undertaken in the exercise of the Member’s mandate, or in the case referred to in Article 22(2a), a declaration by the Member that the journey was undertaken in the exercise of his or her mandate;
(b) in the cases referred to in Article 10(1), point (c): a declaration by the Member stating the purpose of the journey undertaken in the exercise of his or her mandate;
(c) in the cases referred in Article 10(2): where appropriate, an authorisation from the President, the Bureau or the Conference of Presidents;
(d) in the cases referred to in Article 10(2a): an invitation from the Council.
Article 15
Amounts reimbursed
Travel expenses shall be reimbursed on the basis of the expenses actually incurred, up to a maximum of:
(a) in the event of travel by air: the business class tariff;
(b) in the event of travel by rail or boat: the first-class fare;
(c) in the event of travel by car, with a reimbursement ceiling of 1 000 km per outward or inward journey: EUR 0,53 /km, plus the cost of any ferry crossing or similar transportation required.
Provisions applicable to ordinary travel expenses
Article 16
Days on which travel is undertaken
1. The journeys referred to in Article 10(1), point (a) must be undertaken only for the purpose of attending official activities taking place on days set aside for them in Parliament’s official calendar of business.
2. The journeys referred to in Article 10(2) must be undertaken on the days fixed by the body empowered to authorise travel.
Article 17
Routes
1. Reimbursement of the travel expenses incurred in making a journey to one of Parliament’s places of work or a meeting venue shall be calculated on the basis of the most direct route between the Member’s place of residence, as defined in paragraph 2, or the capital city of his or her Member State of election, and the place of work or meeting venue.
2. ‘Place of residence’ shall mean the place, situated on the territory of the Community, where the Member ordinarily resides, i.e. actually lives on a fairly consistent basis, without prejudice to the performance of his or her parliamentary duties. The Member shall inform the relevant department of that place of residence.
3. The most direct route shall be determined by taking into account:
(a) for journeys by air: the closest airport to the Member’s point of departure which can issue an air ticket at the tariff referred to in Article 15 and the distance between that airport and the destination;
(b) for journeys by rail: the station closest to the Member’s point of departure and the distance between that station and the destination;
(c) for journeys by car: the distance between the Member’s point of departure and the destination.
4. When a Member takes up his or her duties or changes his or her place of residence, he or she shall be informed of the airport and station and the most direct, i.e. the shortest, routes which will be used for the purpose of applying these Implementing Measures.
5. At any time the Member may propose to the relevant department, in writing, stating his or her reasons, a different route offering a substantial gain in terms of time or convenience and not involving additional costs of more than 20 %. If that route is accepted, it shall replace the most direct route as determined in accordance with paragraph 3.
If the route is not accepted or the route proposed by the Member has the effect of increasing the cost of the journey by more than 20 %, the matter shall be referred to the Secretary-General, who may consult the Quaestors before making a decision.
6. In the event of a break in the journey, travel expenses shall be reimbursed from the last place of departure. A break in the journey shall be any break of more than one night, excluding Saturdays and Sundays and public holidays, made on the Member's route to or from one of Parliament's places of work or an official meeting venue.
7. If the point of departure or arrival does not correspond to the Member’s place of residence or the capital of the Member State in which he or she was elected, travel expenses shall be reimbursed up to a maximum of the expenses which the Member would have incurred in making the journey to or from that place of residence by the most direct, i.e. the shortest, route.
8. In the case of journeys undertaken between two places of work and/or meeting venues, paragraphs 3 and 7 shall apply mutatis mutandis.
9. The tariffs used for the purposes of these implementing measures shall be updated periodically and at least twice a year.
Article 18
Arrangements
1. Members shall be entitled to reimbursement of the expenses incurred in making one return journey per Parliament working week between their place of residence or the capital of the Member State in which they were elected and a place of work or meeting venue (hereinafter referred to as ‘main journey’).
2. Except during weeks set aside in Parliament's official calendar of business for activities away from its places of work, Members shall also be entitled to reimbursement of the expenses incurred in making one return journey in the middle of a Parliament working week between a place of work or a meeting venue and their place of residence or another point of departure in the Member State in which they were elected (hereinafter referred to as ‘intermediate journeys’).
3. The entitlement to reimbursement of expenses incurred in making intermediate journeys shall be independent of the entitlement to reimbursement of the travel expenses incurred in making journeys within the Member State in which a Member was elected, as referred to in Article 10(1), point (c).
4. Members shall not be entitled to any reimbursement in respect of journeys undertaken using a means of transport made available by Parliament.
5. Members who were unable to use an official car shall be entitled, on presentation of supporting documents, to reimbursement of taxi fares incurred in making journeys between the airport or station of arrival or departure and the place of work or meeting venue. The rules governing the reimbursement of taxi fares, and the reimbursement ceilings, shall be laid down by the Bureau.
Article 19
Entitlement to the distance and duration allowances
1. In respect of journeys within the European Union, Members shall be entitled to distance and duration allowances intended to cover all travel-related expenses. This entitlement shall apply only to the main journey within the meaning of Article 18(1).
▼M1 —————
3. No entitlement to the distance and duration allowances shall arise in respect of the journeys referred to in Article 10(1), points (b) and (c) or in the cases referred to in Article 18(4). A break in a journey as referred to in Article 17(6) or of any other kind shall not create any additional entitlement to a duration or distance allowance.
4. The amounts of the distance and duration allowances:
(a) for travel to Parliament’s places of work, shall be set at the beginning of the Member’s term of office for the duration thereof, and shall be reviewed only in the event of a change of address, irrespective of any changes in the route actually taken;
(b) for travel to other venues for meetings within the meaning of Article 10(1)(a), (2) and (2a), shall be set for each journey individually.
5. If the additional travel-related expenses incurred by the Member exceed the amount of the distance allowance, he or she may apply for reimbursement of the difference, subject to presentation of supporting documents.
6. The minimum period of time which must be spent at the place of work or meeting venue in order to entitle Members to payment of the duration and distance allowances shall be four hours.
Article 20
Amount of the distance allowance
1. The distance allowance shall be calculated as follows:
(a) for the part of the journey between 0 and 50 km: EUR 23,63 ;
(b) for the part of the journey between 51 and 250 km: EUR 0,13 /km;
(c) for the part of the journey between 251 and 1 000 km: EUR 0,06/km;
(d) for the part of the journey in excess of 1 000 km: EUR 0,03/km.
2. The amounts shall be calculated on the basis of the shortest outward or return route between the town centre of the Member’s place of residence and the arrival infrastructure of the meeting venue.
If the calculation basis for a train journey is unknown or hard to ascertain, the calculation basis for a car journey shall be used.
Article 21
Amount of the duration allowance
1. The duration allowance shall be calculated as follows:
(a) for a journey with a total duration of between two and four hours: amount equivalent to one-eighth of the allowance provided for in Article 24;
(b) for a journey with a total duration of between four and six hours: amount equivalent to one-quarter of the allowance provided for in Article 24;
(c) for a journey with a total duration of more than six hours involving no overnight stay: amount equivalent to half the allowance provided for in Article 24;
(d) for a journey with a total duration of more than six hours and necessarily involving, for duly substantiated reasons, an overnight stay: amount equivalent to a full allowance as provided for in Article 24, subject to presentation of supporting documents.
2. The duration of the journey shall be calculated as follows:
(a) for journeys by air, rail or boat:
— duration of the journey between the Member’s place of residence and the airport or station, made at a speed of 60 km/h;
— duration of the journey by air, rail or boat on the basis of the timetable;
— one hour at embarkation, or at the departure of the train or boat, 30 minutes at disembarkation or on arrival;
— 30 minutes for the transfer between the airport or station and Parliament’s buildings in Brussels, Luxembourg and Strasbourg (Entzheim).
The Bureau shall determine the duration of journeys to Strasbourg via other airports on the basis of the availability of means of transport.
(b) for journeys by car: duration of the journey between the Member’s place of residence and the place of work or meeting venue, made at a speed of 70 km/h.
Provisions governing additional journeys and journeys in the Member State of election
Article 22
Additional travel expenses
1. The maximum annual amount which may be reimbursed in respect of travel expenses incurred in the cases referred to in Article 10(1), point (b) shall be EUR 4 454 .
2. On that basis, and on presentation of the relevant original bill or invoice, Members may also apply for reimbursement of taxi fares, car rental costs, hotel bills and other related expenses incurred during the period of official activities. This entitlement shall also cover the day before the start and the day after the end of the period of official activities.
2a. Where a Member travels to one of Parliament's places of work during a week in which no official European Parliament activities are taking place, reimbursement of additional travel expenses shall be confined to travel costs, including taxi fares within the limits laid down in the Bureau rules governing the use of official cars by Members of the European Parliament, and hotel costs.
2b. Requests for reimbursement for journeys undertaken in order to participate in an activity at the invitation of a Member or a European Parliament political group shall also be accompanied by other supporting documents proving that the journey was undertaken in the exercise of the Member's mandate.
2c. Members may combine ordinary travel with additional travel.
Where all of the combined travel takes place within the European Union, the leg of the journey that starts or finishes at one of Parliament's places of work or official meeting venues shall be reimbursed in accordance with Article 10(1)(a).
Where part of the combined travel takes places outside the European Union, the additional cost arising from the Member's not having travelled by the most direct route on account of the additional journey shall be charged to his or her additional travel allowance, as provided for in paragraph 1.
2d. Members may combine additional travel with subsidiary non-official activities provided that this does not increase the amount of travel and subsistence expenses to be reimbursed.
2e. The activities for which additional travel is undertaken may not give rise to another form of public or private reimbursement of the expenses incurred.
3. The maximum annual amount which may be reimbursed in respect of the travel expenses actually incurred by committee or subcommittee chairs travelling to attend conferences or events which deal with a matter of European interest falling within the sphere of responsibility of their committee or subcommittee and which have a parliamentary dimension shall be EUR 4 454 . Such participation shall require prior authorisation from the President of Parliament, following verification that appropriations up to the maximum amount indicated above are available.
A committee or subcommittee chair may authorise in writing one of his or her vice-chairs, or, if that is not possible, a member of his or her committee or subcommittee, to represent him or her at such a conference or event.
These expenses shall be subject to the same conditions governing reimbursement as those which apply to additional travel expenses.
Article 23
Travel expenses incurred in the Member State of election
►M1 1. ◄ The entitlement to the reimbursement of travel expenses incurred in the Member State in which a Member was elected, as referred to in Article 10(1), point (c), may not exceed, per calendar year:
(a) 24 (return) journeys by air, rail or boat; Members elected in mainland France may not make more than two journeys to the overseas departments and regions, overseas local authorities, New Caledonia and the French Southern and Antarctic Territories;
(b) as regards journeys by car, a distance not exceeding:
|
24 000 km |
for Members elected in Germany, Spain, France, Italy, Poland, Romania, Finland, Sweden or the United Kingdom; |
|
16 000 km |
for Members elected in Bulgaria, the Czech Republic, Ireland, Greece, Hungary, Austria, Portugal or Slovakia; |
|
8 000 km |
for Members elected in Belgium, Denmark, Estonia, Croatia, Cyprus, Latvia, Lithuania, Luxembourg, Malta, the Netherlands or Slovenia. |
1a. On written request, any Member who has exhausted his or her air, rail or boat journey allowance, as laid down in point (a) of paragraph 1, may convert his or her car journey allowance, as laid down in point (b) of paragraph 1, into the allowance for air, rail or boat journeys at the rate of a one-way air, rail or boat journey for the equivalent of 2 % of the maximum number of kilometres allowed for the Member State of election of the Member concerned.
The same shall apply, mutatis mutandis, for any Member who has exhausted his or her car journey allowance.
2. Travel expenses incurred within an urban area using public transport (including taxis) shall be reimbursed on the basis of the usual supporting documents for the means of transport used. The amount reimbursed shall be divided by the amount per km payable for car journeys, and the result deducted from the number of kilometres referred to in paragraph 1(b).
3. Where a Member whose place of residence, as defined in Article 17(2), is in a Member State other than that in which he or she was elected travels between that place of residence and his or her Member State of election in the exercise of his or her mandate, the journeys made shall be considered as journeys within the Member State of election for the purposes of paragraph 1(a) and (b).
:
Reimbursement of subsistence expenses
Article 24
Subsistence allowance
1. Members shall be entitled to a subsistence allowance for each day’s attendance:
(a) in a place of work or at a meeting venue, duly attested in accordance with Article 12, involving travel covered by the provisions governing reimbursement of ordinary travel expenses;
(b) at a meeting of a committee or another body of a national parliament, held away from the Member’s place of residence, on presentation of the attestation of attendance drawn up by that committee or body.
During weeks set aside for external parliamentary activities, Members shall be entitled to receive a subsistence allowance for a maximum of three days, except where the allowance is payable pursuant to points (a) and (b) and except in the specific circumstances decided by the Bureau on 19 October 2009.
2. If the official activity takes place on the territory of the Union, a Member shall receive a lump-sum allowance of EUR 320.
3. If the official activity takes place outside the territory of the Community, a Member shall receive:
(a) a lump-sum allowance equal to half the amount provided for in paragraph 2 for the period between the departure time of the last convenient flight before the beginning of the meeting and the arrival time of the first convenient flight after the meeting, or between the departure time and the arrival time of any special aircraft chartered by Parliament, as appropriate. Periods of more than 12 hours shall count as a full day. Periods of more than six, but fewer than 12, hours shall count as a half day;
(b) on presentation of the original bill, reimbursement of reasonable accommodation expenses incurred at the meeting venue;
(ba) on presentation of supporting documents, reimbursement of visa costs and related expenses;
(c) in duly substantiated exceptional circumstances, reimbursement of reasonable subsistence expenses incurred during the journey itself.
4. If the hotel bills submitted concern double rooms, reimbursement shall not exceed 85 % of the total bill.
5. If the duration of the Member’s stay at the place of work is less than four hours and the journeys to and from the place of work are undertaken on the same day, the subsistence allowance shall be reduced by half.
:
General expenditure allowance
Article 25
Entitlement to the allowance
Members shall be entitled to a general expenditure allowance in the form of a lump sum to cover expenses which arise in the course of their parliamentary activities. Members shall not be entitled to use the general expenditure allowance for activities which are covered by other allowances under these Implementing Measures or other Parliament rules, except where they have exhausted the amounts provided by way of those allowances.
Article 26
Period covered
1. The general expenditure allowance shall be payable for the duration of a Member’s term of office.
2. The monthly amount of the allowance under Article 25 shall be EUR 4 513 .
3. Members whose term of office begins after the fifteenth day of the month shall receive only half the allowance for that month.
4. Half the allowance shall also be payable for a period of three months following the month in which a Member’s term of office ends, provided that the latter has served for at least six months and is not re-elected.
Article 27
Payments
All payments under the general expenditure allowance shall be made directly to Members.
Article 28
Expenses covered
1. The general expenditure allowance is intended to cover expenses such as:
— office running and office maintenance costs,
— office supplies and documentation,
— office equipment costs,
— representational activities,
— administrative costs.
2. The Bureau shall adopt a non-exhaustive list of the expenses which may be defrayed from the general expenditure allowance.
:
General provisions
Article 29
Assistance to Members on official journeys
1. A Member who, in the course of an official journey as referred to in Article 10(1), point (a), (2) and (2a), falls seriously ill or is the victim of an accident or of unforeseen circumstances that prevent the journey from proceeding smoothly shall be entitled to the assistance of Parliament. That assistance shall include the organisation of repatriation and the assumption of responsibility for payment of any associated costs. The Member, or, where appropriate, his or her representative, may request repatriation to one of Parliament’s places of work or to his or her place of residence.
2. In the event of the death of a Member during such an official journey, the expenses incurred in transporting the deceased back to his or her place of residence may also be reimbursed.
3. Parliament shall discharge its assistance obligations by means of an insurance policy. The rights of Members referred to in paragraphs 1 and 2 shall be exercised under the conditions laid down in the policy.
4. The insurance policy shall cover inter alia the cost of provision of the following assistance:
— assistance in the event of serious illness, accident or death of a Member,
— assistance and early return in the event of natural disaster, major disturbances of public order or serious illness, accident or death of a relative of the Member,
— logistical and administrative assistance in the event of loss or theft of documents,
— assistance in the event of legal action taken out against the Member,
— supplementary life and invalidity insurance (outstanding balance).
Article 30
Assistance for disabled Members
The Quaestors may, on a proposal from the Secretary-General and after consulting Parliament’s doctor, authorise the defrayal by Parliament of certain expenditure required to provide a seriously disabled Member with the assistance he or she needs to perform his or her duties. The percentage of invalidity and the suitability of the assistance proposed shall be subject to periodic confirmation by Parliament’s doctor. The authorisation given by the Quaestors shall lay down the arrangements for providing assistance and the period during which it is to be provided.
Article 31
Periods of absence
1. The subsistence allowance provided for in Article 24 shall be reduced by 50 % for each day on which a Member has been absent for more than half of the roll-call votes taken on the Tuesdays, Wednesdays and Thursdays of Strasbourg part-sessions and the second day of Brussels part-sessions.
2. Any Member who, in a parliamentary year (from 1 September to 31 August), is absent on at least 50 % of the days fixed by the Bureau for plenary sessions of Parliament shall reimburse to Parliament 50 % of the general expenditure allowance, as provided for in Article 25, relating to that period.
3. Any period of absence referred to in paragraph 2 may be excused by the President on the grounds of ill-health or serious family circumstances, or the presence of the Member concerned elsewhere on mission on behalf of Parliament. Supporting documents shall be submitted to the Quaestors within a maximum of two months from the date on which the period of absence began.
4. A Member expecting a child shall be excused attendance at official meetings of Parliament for a period of three months preceding the birth of the child. The Member must submit a medical certificate indicating the probable date of confinement. After confinement, the Member shall be excused attendance at official meetings for a period of six months. The Member must submit a copy of the child’s birth certificate.
Article 32
Pecuniary sanctions
1. Members who, under Rule 146 of Parliament’s Rules of Procedure, have been excluded from the Chamber shall forfeit, for the duration of their exclusion, their entitlement to the subsistence allowance provided for in Article 24.
2. Members shall forfeit their entitlement to the subsistence allowance in the cases referred to in Rule 147 of Parliament’s Rules of Procedure.
CHAPTER 5
Assistance from personal staff
Article 33
Defrayal of parliamentary assistance expenses
1. Members shall be entitled to assistance from personal staff whom they may freely choose. Parliament shall defray expenses actually incurred and arising wholly and exclusively from the employment of one or more assistants or the use of service providers in accordance with these implementing measures and the conditions laid down by the Bureau.
2. Only expenses for assistance which is necessary and directly linked to the exercise of a Member’s parliamentary mandate may be defrayed. Expenses linked to a Member’s private life may on no account be defrayed.
3. Expenses shall be defrayable for the duration of a Member's term of office. Only expenses incurred at the most 30 days before the application for defrayal is submitted in accordance with this chapter can be defrayed.
4. The maximum monthly amount defrayable in respect of all the personal staff referred to in Article 34 shall be EUR 24 943 .
5. Where a Member’s term of office does not begin on the first day of a month or does not end on the last day of a month, the parliamentary assistance expenses defrayable for that month shall be calculated on a pro rata basis.
6. The unused balance of the monthly amount provided for in paragraph 4 which has accumulated at the end of the financial year shall be carried over to the next financial year, up to a maximum of the monthly amount referred to in that paragraph.
Article 34
General principles
1. Members shall make use of:
(a) accredited parliamentary assistants as referred to in Article 5a of the Conditions of employment of other servants, and
(b) natural persons who are to assist Members in their Member States of election and who have concluded an employment or service contract with them in keeping with applicable national law, in accordance with the conditions laid down in this chapter, hereinafter referred to as ‘local assistants’.
2. Several Members may, by written agreement, form a grouping in order jointly to employ or to use the services of one or more assistants as referred to in paragraph 1. In this case, the Members concerned shall designate from amongst their number the Member(s) authorised to sign the contract, or to submit a request for recruitment, on behalf of the grouping.
Members shall submit a written declaration to the relevant department laying down the respective shares to be deducted from the amount provided for in Article 33(4).
3. Articles 35 to 42 shall not apply to accredited parliamentary assistants.
4. Expenses incurred in connection with traineeship agreements, established on the basis of the conditions laid down by the Bureau, may also be defrayed.
5. Members may also make use of natural or legal persons providing services in order to obtain occasional and clearly identified services directly linked to the exercise of their parliamentary mandate, in accordance with the conditions laid down in this chapter.
6. The services provided may not include the provision of staff, except for temporary services by service providers who provide such services on a professional and regular basis and are authorised under national law to provide such services.
7. The Bureau shall adopt a list of expenses which may be defrayed for the purpose of parliamentary assistance.
8. The names of assistants and trainees as well as the names or corporate names of service providers and of paying agents shall, for the duration of their contract, be published on the website of the European Parliament, together with the name of the Member or Members they assist.
Those assistants, trainees, service providers and paying agents may, on the duly justified ground of protection of their safety, request in writing that their name or corporate name not be published on the European Parliament's website. The Secretary-General shall decide whether to grant such a request.
9. The number of contracts between a Member and accredited assistants in force at any given time may not exceed three, regardless of the duration of work provided for in those contracts. This limit may be increased to four if an exemption is expressly granted by the President of Parliament following verification by the relevant department that the Member concerned has sufficient office space to comply with the standards applicable to the use of Parliament's buildings, taking into account also the number of trainees that may be present.
10. At least 25 % of the amount provided for in Article 33(4) shall be earmarked for meeting costs arising under Title VII of the Conditions of Employment of Other Servants of the European Union. Therefore, all costs in respect of parliamentary assistance expenses other than those arising under Title VII of the Conditions of Employment of Other Servants of the European Union may not together exceed 75 % of the amount provided for in Article 33(4).
Moreover, the expenses in relation to the provision of services referred to in Article 34 may not exceed 25 % of the amount provided for in Article 33(4).
These limits shall be calculated on the cumulative basis per financial year of the monthly entitlements provided for in Article 33(4), plus any unused balance carried over to the following financial year under Article 33(6), on a pro rata basis.
11. Parliament shall defray expenses of local assistants for gross earnings or fees net of VAT up to monthly ceilings which shall be established by the Bureau in accordance with paragraph 12. The ceilings may be adapted by the Bureau annually. The applicable ceilings shall be published on Parliament's website.
12. The ceilings shall correspond to three times the reference amount. The reference amount shall be one twelfth of the amount published by Eurostat as being the average gross annual pay of persons in full-time employment in the Member State of election of the Member concerned.
However, the ceilings calculated in this way cannot be less than the basic pay of a grade 6 accredited parliamentary assistant or more than that of a grade 19 accredited parliamentary assistant.
Any bonus shall be defrayed only up to the aforementioned ceilings calculated on an annual basis.
The ceilings shall be reduced pro rata where the local assistant works part-time or where the local assistant does not work a full month.
Article 34a
Financial consequences of a proven case of harassment of an accredited parliamentary assistant
If, following an internal harassment procedure in which both parties have been heard, the President establishes that a Member is guilty of the psychological or sexual harassment of an accredited parliamentary assistant, all the Member’s financial obligations under that accredited assistant’s contract, in particular the assistant’s pay, shall, by way of derogation from Article 33, be deducted by Parliament from its defrayal of the parliamentary assistance expenses of that Member and the Member shall not be entitled to the provision of any further services by that assistant.
Article 35
Paying agents
1. All the employment and service contracts concluded by a Member or a grouping of Members shall be administered by a paying agent established in an EU Member State.
2. Paying agent services shall be performed by a natural or legal person duly authorised within a Member State to exercise a professional activity dealing with the tax- and social security-related aspects of employment contracts or service contracts ( 6 ) under national law.
3. A Member shall conclude an individual contract with a paying agent of his or her choice who fulfils the requirement laid down in paragraph 2.
Expenses incurred in using paying agent services in accordance with paragraph 1 shall be covered by the amount provided for in Article 33(4) and shall not be subject to the limit laid down in Article 34(10) in respect of services.
Paying agents' fees, net of VAT, may not exceed 10 % of the salary costs, fees and allowances of local assistants, service providers and trainees, the payment of which is their responsibility, nor 4 % of the amount provided for in Article 33(4).
Maximum limits on paying agents' fees shall be reviewed on a cumulative basis by calendar year in proportion to the duration of their contract.
4. The contract between the Member and the paying agent shall be concluded on the basis of a standard contract approved by the Bureau.
The standard contract shall establish, in accordance with this chapter, the payment arrangements in respect of the contracts referred to in paragraph 1 and the paying agent’s remuneration and liability.
▼M2 —————
Article 36
Arrangements for managing contracts with personal staff
1. The paying agent shall ensure that national and Community law, in particular as regards social security and tax obligations, is properly complied with in respect of the contracts he or she manages.
2. Paying agents' fees shall be paid on submission of the relevant invoices or fee statements.
3. Members shall supply their paying agents with all the documents and information they require in order to ensure the lawfulness and sound management of the contracts for which they are responsible, in particular the documents and information referred to in Article 37(2), Article 38(1), point (a), Article 40, Article 41(1), point (a) and Article 42.
4. Parliament shall pay the paying agent the amounts due under the contracts, including traineeship agreements, for which he or she is responsible, on submission of the requisite supporting documents.
5. At the request of the Member, Parliament shall exceptionally pay on his or her behalf net salaries directly to those assistants with whom the Member has concluded an employment contract as well as to trainees. The paying agent shall inform the relevant department without delay of the amounts payable in respect of social security and tax and draw up the salary slips.
5a. By way of exception to Article 35(1), traineeship agreements which are exempt from taxes, contributions to a national social security scheme and any other charges do not have to be administered by a paying agent, if the Member submits, before the beginning of the traineeship:
(a) a certification by his or her paying agent that the traineeship complies with the applicable legislation and is exempt from the above-mentioned charges, or
(b) for traineeships in Parliament's premises in Brussels or Strasbourg, a declaration authorising Parliament's services to verify the exemption of the above-mentioned charges with the competent national authority.
6. Whenever circumstances so require, Parliament may, in the context of an employment contract and at the request of a Member, pay advances on the payments referred to in paragraphs 4 and 5.
Advances may also be used to cover the expenses incurred by local assistants in making short journeys. In that case, they shall be paid on a flat-rate basis up to a maximum of EUR 100 per assistant per month. Should the expenses incurred exceed that ceiling, the paying agent shall submit on a quarterly basis supporting documents substantiating the expenses incurred. In exceptional cases these supporting documents may be replaced by a declaration.
The regularisation of such advances shall remain under the sole responsibility of the paying agents and shall be carried out in accordance with these implementing measures and applicable national law.
Article 37
Application for defrayal of parliamentary assistance expenses
1. Applications for defrayal of parliamentary assistance expenses pursuant to Article 34(1), point (b), (2), (4) and (5), specifying the beneficiaries and the amounts of the payments to be made, shall be submitted to the relevant department by the Member or by his or her paying agent, and shall be duly countersigned by all the Members concerned and, save in the case provided for in Article 36(5a)(b), by the paying agent. They shall be accompanied by the supporting documents referred to in Article 38 in respect of employment contracts and those referred to in Article 41 in respect of service contracts.
2. Members shall immediately inform their paying agents and the relevant department of any change in their contractual relations and the instructions concerning payments, indicating the changes made to the contract.
Paying agents shall immediately forward such information and the corresponding supporting documents to the relevant department.
Article 38
Documents to be submitted in connection with an employment contract
Applications for defrayal of expenses for an employment contract shall contain:
(a) the original employment contract which the Member has concluded with his or her local assistant;
(b) a detailed job description and the precise address at which duties are to be performed;
(c) a calculation sheet detailing the salaries, employers' and employees' social security contributions and other likely expenses to be paid or defrayed during the calendar year and on termination of the contract and which takes account of the provisions of national law, including those governing minimum wages, and contractual obligations, including any defrayal of mission expenses;
(d) a certified true copy of a valid identity document of the local assistant;
(e) proof of the place of usual residence of the local assistant;
(f) proof of the qualifications and professional experience of the local assistant; and
(g) a declaration, duly countersigned by the Member, that throughout the duration of the local assistant's contract, the latter will not engage, directly or indirectly, in any other activities — even those not entitling the assistant to any remuneration — for any organisation pursuing political objectives, such as a political party, foundation, movement or parliamentary political group, if such activities are such as to interfere with the performance by the assistant of his or her duties in that capacity or to give rise to a conflict of interests.
Article 39
Regularisation of accounts
1. For each of the local assistants employed, paying agents shall forward to the relevant department, at the latest by 31 March of the year following the Parliament's financial year in question, statements of the expenses incurred in respect of salaries, tax deductions and employers' and employees' social security contributions and any other defrayable expenses, in particular for the purpose of the regularisation of the advances paid. They shall, in addition, provide evidence that the local assistants in question belong to a social security scheme, indicating the Member as the employer, and a certificate of insurance against work-related accidents where the applicable national law requires such insurance. They shall also certify that all the obligations arising from applicable national law have been met.
In the event of termination of the contract between the paying agent and the Member and at the end of the Member's mandate, these obligations shall be met within three months at the most.
The statements referred to in the first subparagraph shall be drawn up in accordance with Parliament's specifications.
2. Following verification of the statements referred to in paragraph 1, notification shall be forwarded by the relevant department to the paying agents, with copies to the Member, stating whether or not the payments made are regular and, where appropriate, which documents are missing and must still be submitted.
Should such notification establish that the payments are not regular, the documents required for their regularisation shall be submitted to the relevant department within one month following the date of notification. Failing that, Parliament shall apply Articles 67 and 68.
Article 39a
Obligations regarding employment contracts
1. Paying agents shall, for the period laid down by the applicable national law, and for at least one year from the end of the parliamentary term concerned, keep a pay statement record book itemising sums paid by way of remuneration and tax and employers' and employees' social security contributions. Should a contract with a paying agent be terminated prior to the end of the Member's term of office, a certified true copy of the pay statement record book shall be forwarded immediately to the new paying agent of the Member's choice, as referred to in Article 35(3).
2. Assistants shall abstain from any actions bringing them into conflict with the interests of the Members they assist and those of Parliament. They shall without delay inform the Member concerned of their intention to engage in any remunerated or unremunerated outside activity or to stand for election.
They shall be required to reside at a distance from their workplace that is compatible with the proper performance of their duties.
3. The Member shall immediately inform the relevant department of any changes in the conditions of employment affecting parliamentary assistance expenses and of any plans by assistants to engage in outside activities or to stand for election. The Member must ensure that outside activities and standing for election do not interfere with the performance by assistants of their duties or run counter to the financial interests of the Union. The relevant department may require evidence of the arrangements made to that end with the assistants concerned.
4. Local assistants intending to stand for election shall comply with national laws regarding electoral campaigns. At least for the duration of the official campaign, assistants must be on annual leave or unpaid leave. If they are elected, the defrayal of the expenses in relation to them shall cease unless they can provide evidence that their mandate is consistent with the performance of their duties as parliamentary assistants.
5. Contracts concluded between Members and assistants must include the obligations imposed in paragraphs 2 and 4.
Article 40
Employment contract termination expenses
1. By way of derogation from Article 33(3), additional expenses incurred when the employment contracts concluded by Members with their local assistants terminate by virtue of the fact that their term of office has come to an end may be defrayed, provided that these expenses arise from compliance with applicable national labour law, including collective agreements.
2. Paragraph 1 shall not apply if:
(a) the Member concerned is immediately re-elected to the subsequent Parliament;
(b) the Member concerned has served for less than six months;
(c) the Member concerned has failed to comply with legal obligations relating to termination of the employment contract, including notice of dismissal, in good time prior to the end of his or her term of office, except in cases where the end of the term of office could not have been foreseen in advance;
(d) the assistant concerned is in receipt of other remuneration from a Community institution or is employed by another Member or by a grouping of Members during the period in question;
(e) the expenses in question are the result of a specific agreement between the parties or a decision to award a bonus, over and above statutory or collectively agreed obligations, on termination of the employment contract.
3. Paying agents shall submit to the relevant department an application for payment of the expenses referred to in paragraph 1, duly countersigned by the Member and specifying the legal basis for such payment, within three months following the end of the Member’s term of office.
4. Where Members are legally required under applicable national labour law to pay, in respect of the expenses falling within the scope of paragraph 1, an amount which is more than three times that referred to in Article 33(4), such expenses may be defrayed on an exceptional basis on submission of duly established supporting documents which must be certified by the competent national authorities. Applications for defrayal shall be submitted under the procedure laid down in paragraph 3.
5. In order to cover expenses relating to the termination of an employment contract that cannot be defrayed under paragraphs 1 to 4, Members may instruct their paying agent to set aside funds from the amount referred to in Article 33(4) and to carry them over to the following financial years provided that the following conditions are satisfied:
(a) the Member has, through appropriate written documentation, established that, outside the European Parliament and without the participation of Members of the European Parliament, a well-established practice exists in the sector to which the employment contract relates whereby redundancy payments above the statutory minimum are made;
(b) redundancy amounts corresponding to the practice identified under point (a) have been agreed in the employment contract of the local assistant. The amounts agreed may in no circumstances exceed one month's salary for each year of employment;
(c) the amounts set aside are declared per employee during the annual regularisation procedure under Article 39. The paying agent shall open a separate bank account for the funds and shall each year provide a bank statement for regularisation. In every financial year, the paying agent may only set aside amounts corresponding to employment periods from the start of the ongoing parliamentary term until the end of that financial year or, if the contract expires in that year, until the end of the contract. Interest collected on the amounts set aside shall be declared at the time of the annual regularisation procedure. Any surplus or unused amounts shall be reimbursed to Parliament on an annual basis and at the end of the employment contract concerned.
Article 41
Documents to be submitted in connection with a service contract
1. With the exception of occasional services the cost of which does not exceed EUR 500 including VAT, an application for defrayal of expenses must be submitted before the conclusion of a contract for the provision of services and must contain:
(a) an estimate and a draft of the contract which the Member intends to conclude with a service provider and which clearly defines the nature of the services to be provided;
(b) in the case of services costing more than EUR 60 000 including VAT, the justification for the selected tender, which must be the most economically advantageous of at least three tenders from completely independent providers, taking into account, apart from the price, the quality of the offer and social aspects; this threshold shall apply on a cumulative basis in the event of successive contracts for similar services from the same provider;
(c) in the case of service providers that are legal persons, a copy of their entry in the commercial register or an equivalent document, together with the articles of incorporation, or in the case of service providers that are natural persons, the documents listed under points (d) to (f) of Article 38, and, save in the case of occasional contracts, under point (g) thereof;
(d) in the case of service providers that are legal persons, a declaration of absence of conflicts of interest confirming that none of those involved in the provision of services is an assistant within the meaning of Article 34 or in any of the categories mentioned in point (d) of Article 43.
2. The cost of services provided shall be defrayed on submission to the relevant department by the Member of an invoice or fee statement describing in detail the services actually provided and a copy of the contract concluded with the service provider. The invoice or fee statement shall be accompanied by confirmation by the Member that the service has actually been provided. Upon request by the relevant department, the Member shall also submit the main supporting documents.
Where services are partially or totally exempt from VAT, the relevant department may require the paying agent to confirm the legal basis for that exemption.
Article 42
Extraordinary expenses
Where a local assistant with an employment contract is absent for a period exceeding three months, either on maternity leave or on account of serious illness, the proportion of the cost of replacing him or her, as from the third month of absence, not covered by the employee benefits paid under the applicable national social security scheme may be defrayed over and above the amount referred to in Article 33(4). Paying agents shall submit to the relevant department applications for defrayal of such expenses, duly countersigned by the Member.
Article 43
Non-reimbursable expenses
The sums paid pursuant to this chapter may not be used directly or indirectly:
(a) to finance contracts concluded with an organisation pursuing political objectives, such as a political party, foundation, movement or parliamentary political group;
(b) to cover expenses which may be reimbursed under other allowances provided for by these implementing measures or other provisions of Parliament’s Rules of Procedure;
(c) to cover expenses incurred in connection with a contract for the provision of services where this may give rise to a conflict of interests, in particular in cases where a Member or one of the persons referred to in point (d):
— is the sole or part owner of a company or a profit-making organisation which acts as his or her service provider,
— sits on the board of directors or another executive body of a company or profit-making organisation which acts as his or her service provider,
— has access to the bank account of his or her service provider,
— has an interest in or obtains a financial benefit of any kind from the activities of his or her service provider;
(d) to fund contracts providing for the employment or the use of the services of Members' spouses or stable partners or their parents, children, brothers or sisters or, in general, giving rise to any possibility of a conflict of interest as defined in Article 62(1a).
CHAPTER 6
Provision of equipment and facilities
Article 44
Access to internal services and the provision of equipment and facilities
1. The Bureau shall adopt the rules governing Members’ access to Parliament’s internal services and the provision of equipment and facilities to Members, in particular as regards:
— the use of official cars,
— furniture for Members’ offices,
— the provision of IT and telecommunications equipment,
— stationery supplies,
— the use by Members and the political groups of the office space made available to them in Parliament’s information offices,
— the processing of Members’ papers handed over in the form of a gift or legacy to an institute, association or foundation,
— arrangements whereby Members who reach the end of their term of office during a parliamentary term can have their personal effects from their Brussels and Strasbourg offices transported to their countries of origin,
— the use of official bicycles,
— language and computer courses for Members,
— the use of the services provided by the Medical Service.
2. The Bureau may also adopt provisions granting former Presidents of Parliament, during their term of office, and former Members access to Parliament’s facilities.
TITLE II
END OF THE PARLIAMENTARY MANDATE
CHAPTER 1
Transitional Allowance
Article 45
Entitlement to the transitional allowance
With effect from the first day of the month following the cessation of their duties, former Members shall be entitled to the transitional allowance referred to in Article 13 of the Statute.
Article 46
Expiry
1. Former Members shall be entitled to the transitional allowance. Where they hold a mandate in another parliament or a public office, the salary to which they are entitled shall be offset against the transitional allowance.
2. Article 2(3) shall apply mutatis mutandis to the transitional allowance.
3. For the purposes of this Article, ‘another parliament’ shall mean any parliament with legislative powers which is established in a Member State.
4. For the purposes of this Article, ‘public office’ shall mean any of the following:
(a) paid elected posts involving the exercise of the prerogatives of public authority;
(b) membership of a national or regional government;
(c) a post as a senior official exercising public authority or a post as an official or Member of a Union institution.
Article 47
Offsetting of payments
1. Where a former Member is simultaneously entitled to the transitional allowance and to an old-age or invalidity pension as referred to in Article 14 and Article 15 respectively of the Statute, the former Member shall receive whichever of the two payments he or she opts to receive. He or she shall notify the Secretary-General of his or her decision no later than three months after the end of his or her mandate. That decision shall be irrevocable.
2. If the former Member opts for payment of the transitional allowance, this shall result in suspension of payment of the old-age pension or invalidity pension for the duration of the period of payment of the transitional allowance.
Article 48
Procedure
1. In order to be able to receive the transitional allowance, the former Member shall apply to the Secretary-General for it not later than three months after the end of his or her mandate, attaching a written statement indicating whether he or she is performing any of the duties referred to in Article 46.
2. If Article 47(1) applies, this statement shall be accompanied by the decision referred to there.
3. Any change in the conditions which gave rise to the award of the transitional allowance which may necessitate a change in this entitlement shall be notified to the Secretary-General without delay. Where there is any doubt, the Secretary-General may ask the person concerned to submit his or her observations.
4. If, on the basis of facts verifiable from sources available to the public, it comes to the knowledge of the Secretary-General that the former Member is performing the duties referred to in Article 46, he shall suspend payment of the transitional allowance and inform the person concerned accordingly.
5. A former Member may renounce his or her entitlement to the transitional allowance at any time. He or she shall notify the Secretary-General of that decision.
CHAPTER 2
Old-Age Pension
Article 49
Entitlement to an old-age pension
1. After the cessation of their term of office, Members who have exercised their mandate for at least one complete year shall be entitled, for life, to an old-age pension payable from the first day of the month following that in which they reach the age of 63.
Former Members or their legal representatives shall, except in cases of force majeure, submit their application for payment of the old-age pension within six months of the commencement of entitlement. After that deadline the date on which enjoyment of the old-age pension takes effect shall be the first day of the month in which the application is received.
2. Payment of the old-age pension shall be suspended in the case of any pension claimant who is re-elected to Parliament. Old-age pension entitlements which he or she acquires as a result of his or her new mandate shall be added to the old-age pension entitlements acquired before his or her re-election. Payment of the old-age pension shall resume when the Member relinquishes his or her mandate in Parliament.
3. When a Member’s mandates are separated by an intervening period, the periods of all the mandates shall be added together for the purpose of calculating the old-age pension.
Article 50
Prohibition of concurrent receipt of pensions
1. An old-age pension which a former Member receives by virtue of a mandate which he or she exercised in another parliament simultaneously with his or her mandate in the European Parliament shall be offset against the old-age pension.
2. ‘Another parliament’ as referred to in paragraph 1 shall mean the parliament defined in Article 2(2).
3. The calculation shall be based on the total of the two salaries before the deduction of tax.
4. Any former Member who has exercised a mandate in another parliament simultaneously with the mandate in Parliament shall declare the old-age pension to which he or she is entitled by virtue of the mandate in that other parliament.
CHAPTER 3
Invalidity Pension
Article 51
Entitlement to an invalidity pension
1. A Member who has been recognised, in accordance with the procedure laid down in Article 55, as suffering from total invalidity preventing him or her from performing his duties and who therefore resigns shall be entitled to an invalidity pension from the date on which the resignation takes effect, without prejudice to paragraph 3.
2. The entitlement to an invalidity pension shall lapse if the Member fails to notify his or her resignation within three months of the date on which the decision establishing his or her invalidity has been officially communicated to him or her.
3. The entitlement to an invalidity pension shall begin at the end of the parliamentary term during which the invalidity has arisen:
(a) if the Member is unable to resign because of his or her invalidity, or
(b) if the decision establishing invalidity has been adopted after the end of the parliamentary term during which the procedure referred to in this article has begun, or
(c) if the time-limit referred to in paragraph 2 has not elapsed.
Article 52
Calculation of invalidity pensions
1. The amount of the invalidity pension shall be 3,5 % of the salary referred to in Article 10 of the Statute for each complete year in which the mandate was exercised and, for each additional complete month, one-twelfth of that sum, but shall be at least 35 % of that salary, while not exceeding a total of 70 %.
2. The rules on the calculation of the old-age pension shall apply mutatis mutandis to the calculation of the invalidity pension.
Article 53
Prohibition of concurrent receipt of pensions
1. An invalidity pension which a former Member receives by virtue of a mandate which he or she exercised in another parliament simultaneously with the mandate in Parliament shall be offset against the invalidity pension.
2. ‘Another parliament’ as referred to in paragraph 1 shall mean the parliament defined in Article 2(2).
3. Any former Member who has exercised a mandate in another parliament simultaneously with the mandate in Parliament shall declare the invalidity pension to which he or she is entitled by virtue of the mandate in that other parliament.
Article 54
Offsetting of payments
If a former Member is simultaneously entitled to an invalidity pension and to an old-age pension, he or she shall receive the old-age pension. However, the amount of the old-age pension may not be less than that of the invalidity pension.
Article 55
Procedure
1. The Member or his or her legal representative shall submit the application for retirement on grounds of invalidity to the President of Parliament, accompanied by a medical certificate, indicating the name of the doctor who has been instructed to represent him or her in the invalidity committee referred to in Article 56.
2. Within three months of being convened by the Secretary-General, the invalidity committee referred to in Article 56 shall submit, in accordance with the terms of reference issued by Parliament, a medical report, stating reasons, assessing whether the conditions referred to in Article 51 have been met. In exceptional cases, this time-limit may be extended by the Secretary-General.
3. On a proposal from the invalidity committee, the President of Parliament shall establish that the Member concerned qualifies for retirement on grounds of invalidity and shall inform him or her of the decision, asking him or her to resign. In the event of a negative decision, the President shall inform the Member of the available appeal procedures.
Article 56
Invalidity committee
1. The invalidity committee shall consist of three doctors:
— the first appointed by the Member concerned,
— the second appointed by Parliament, and
— the third appointed by agreement between the first two doctors.
In the event of failure to agree on the appointment of the third doctor within two months of the appointment of the second doctor, the third doctor shall be appointed ex officio by the President of the Court of Justice of the European Communities at Parliament’s request.
2. The expenses arising from the work of the invalidity committee, including travel expenses, shall be borne by Parliament.
3. The Member may submit to the invalidity committee all reports or certificates issued by the doctor treating him or her or by those practitioners whom he or she has seen fit to consult.
4. The proceedings of the invalidity committee shall be secret.
Article 57
Review of invalidity
1. Former Members who no longer meet the conditions laid down in Article 51 shall forfeit their entitlement to an invalidity pension.
2. Until the former Member reaches the age of 63, Parliament may require him or her to undergo examination every five years by a doctor appointed to check whether he or she still meets the required conditions for eligibility for an invalidity pension.
3. This examination may also be conducted before the time indicated in paragraph 2, particularly if Parliament has received information that the former Member is performing duties in return for payment. If the occasion arises, this situation shall be assessed on the basis of facts verifiable from sources available to the public, in the light of the circumstances of each case and after an investigation in which each side has the opportunity to submit its case and reply to the case of the other side.
4. At the proposal of the doctor conducting the examination, the invalidity committee may establish that the state of health of the former Member has so improved that he or she no longer meets the conditions referred to in Article 51.
5. The decision to terminate the invalidity pension shall be taken by the President of Parliament, on the basis of the conclusions of the invalidity committee. Articles 55 and 56 shall apply mutatis mutandis. If the former Member fails to appoint a doctor to represent him or her in the invalidity committee, Article 56(1), second subparagraph, shall apply.
CHAPTER 4
Survivor’s Pension and Orphan’s Pension
Article 58
Entitlement to a survivor’s pension or orphan’s pension
1. The surviving spouse and any children who, at the time of the death of a Member or former Member who was entitled to or was in the process of acquiring an entitlement to an old-age or invalidity pension, were dependent on him or her, shall be entitled to a survivor’s pension and orphans' pensions respectively.
2. For the purpose of the application of the provisions of this chapter, stable non-marital partners shall be treated in the same way as spouses, on condition that the couple produce an official document recognised as such by a Member State or by any competent authority of a Member State acknowledging their status as non-marital partners.
3. The term ‘dependent child’ means the legitimate, natural or adopted child of a Member, or Member’s spouse, who was actually being maintained by the Member or former Member. The term ‘dependent child’ also means an unborn child or a child in respect of whom the Member or former Member has started an adoption procedure and whose adoption is completed after his or her death.
Article 59
Calculation of the survivor’s pension and orphan’s pension
1. The maximum amount of the survivor’s pension and the orphan’s pension may not exceed the amount of the old-age pension to which the Member would have been entitled at the end of the parliamentary term, taking into account the period which passes between the date of death and the date of the end of the parliamentary term.
2. In the case of former Members, the maximum amount of the survivor’s and the orphan’s pension may not exceed the amount of the old-age pension which the Member was receiving or to which he or she would have been entitled.
3. The amount of the survivor’s pension for the surviving spouse shall be 60 % of the amount referred to in paragraph 1 or 2 and, at the minimum, 30 % of the salary referred to in Article 10 of the Statute, even if the latter amount exceeds the amounts referred to in paragraphs 1 and 2.
The entitlement to a survivor’s pension for the surviving spouse shall not be affected by remarriage. This entitlement to a survivor’s pension shall not exist if the circumstances of the individual case indicate beyond reasonable doubt that the marriage was contracted for the sole purpose of obtaining the pension. If the occasion arises, this situation shall be assessed on the basis of facts verifiable from sources available to the public, in the light of the circumstances of each case and after an investigation in which each side has the opportunity to submit its case and reply to the case of the other side.
4. The amount of the orphan’s pension for a dependent child shall be 20 % of the amount referred to in paragraph 1 or 2.
5. Where the number of children exceeds two, the maximum amount of the orphans' pensions which may be awarded shall be shared equally among the orphans entitled to them.
6. Where applicable, the maximum amount of the pension to be paid shall be shared between the spouse and the dependent children in accordance with the percentages laid down in paragraphs 3, 4 and 5.
Article 60
Expiry
1. A survivor’s or orphan’s pension shall be awarded with effect from the first day of the calendar month following decease.
2. In the event of the death of the beneficiary, the entitlement to a survivor’s pension shall lapse at the end of the month in which the beneficiary dies.
3. The entitlement to an orphan’s pension shall lapse at the end of the month in which the orphan reaches the age of 21.
However, this entitlement shall be extended for the duration of the orphan’s education or vocational training and, at the maximum, until the end of the month in which he or she reaches the age of 25.
An orphan’s pension shall continue to be paid to an orphan who is unable to support himself or herself on account of sickness or infirmity. The sickness or infirmity must be recognised by Parliament’s doctor. The beneficiary may contest the doctor’s decision by requesting a meeting of a committee constituted in accordance with the rules laid down for the invalidity committee referred to in Annex II, section 3, to Regulation (EEC, Euratom, ECSC) No 259/68.
This entitlement shall lapse if the child becomes able to support himself or herself again. To that end, Parliament may require him or her to undergo examination every five years by a doctor appointed to check whether he or she still meets the conditions governing eligibility for a pension.
TITLE III
GENERAL AND FINAL PROVISIONS
CHAPTER 1
Payment Arrangements
Article 61
Compliance with the Financial Regulation
1. The implementation of these Implementing Measures and any application for payment submitted under these Implementing Measures shall be consistent with the provisions of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council ( 7 ) and Commission Delegated Regulation (EU) No 1268/2012 ( 8 ).
2. Where these implementing measures provide for the conclusion of contracts between Parliament and third parties, the competent authorising officer shall be empowered to sign them.
Article 62
Principle of the use of funds
1. The sums paid pursuant to these implementing measures, on the basis of the provisions of Title I, Chapters 4, 5 and 6, shall be reserved exclusively for the funding of activities linked to the exercise of a Member’s mandate and may not be used to cover personal expenses or to fund grants or donations of a political nature.
1a. Members involved in budget implementation shall not take any action which may bring their own interests into conflict with the financial interests of the Union.
A conflict of interests exists where the actions of Members are unduly influenced for reasons involving family, emotional life, economic interest or any other shared interest with a recipient.
2. Members shall pay back any unused amounts to Parliament except where they are defrayed in the form of a lump sum.
Article 63
Bank transfer, currencies and conversion rate
1. Payments under these implementing measures shall be made by bank transfer in accordance with the provisions of Directive 2007/64/EC of the European Parliament and of the Council of 13 November 2007 on payment services in the internal market ( 9 ). Parliament shall bear the charges payable by the payer. Any other charges shall be payable by the payee.
2. Payments shall be made in euros, unless the recipient, who was elected or who has his or her place of residence in a Member State which does not belong to the eurozone, requests full or part payment in the currency of that Member State.
3. Conversions between the euro and other currencies shall be carried out using the monthly accounting rate for the euro fixed in accordance with Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for implementing the Financial Regulation ( 10 ).
4. In respect of payments of parliamentary assistance expenses, by way of derogation from paragraph 3 conversions between the euro and other currencies shall be carried out using the monthly accounting rate for the euro for the December of the preceding year. However, over the course of a parliamentary term the maximum monthly defrayal to a Member denominated in a national currency may not, following annual index-linking and any increase decided on by the Bureau, be lower than the amount fixed for the previous year.
Article 64
Bank accounts
1. On taking up his or her duties, each Member shall forward to Parliament’s relevant department details (IBAN number, BIC (SWIFT) code and address of the bank) of one or more accounts in his or her name intended to receive payments in respect of the salary provided for in Article 10 of the Statute, the other allowances and the reimbursement of other expenses.
Unless the Member or former Member or his or her successors in right and title issue instructions to the contrary, the account opened to receive the salary provided for in Article 10 of the Statute shall also be used to receive payments in respect of the transitional allowance and pensions.
2. Any payment to a person other than the Member shall be contingent on prior submission of a document issued by the recipient’s bank confirming that he or she is the holder of the account into which payment is to be made and setting out the IBAN number of the account, the BIC (SWIFT) code and the address of the bank.
3. As regards payments in connection with parliamentary assistance, the Member shall forward details of the personal staff member’s bank account to the paying agent or, in the case referred to in Article 36(5), to the relevant department. The personal staff member’s bank account shall be opened in the Member State where he or she primarily carries out his or her duties. The payments shall be denominated in the currency in which the personal staff member’s salary or fees are fixed.
The paying agent shall forward details of his bank account to the relevant department.
Article 65
Payment date
1. The salary provided for in Article 10 of the Statute, the transitional allowance and pensions shall be paid on the 15th day of the month for the current month. The general expenditure allowance shall be paid on the first day of the month for the current month.
2. Payments in respect of parliamentary assistance expenses shall be made to the paying agent or, in the case referred to in Article 36(4) and (5), the local assistant on the 15th day of the month for the current month.
These payments shall reflect the instructions given by Members up to the 25th day of the preceding month.
3. Other expenses shall be reimbursed on submission of the documents required by these implementing measures.
4. The deadlines for submitting the documents required by these implementing measures shall be as follows:
(a) in respect of travel and subsistence expenses and allowances: at the latest by 31 October of the calendar year following that in which the journey concerned started;
(b) in respect of parliamentary assistance expenses and other expenses: prior to the closing date laid down by the applicable provisions and at the latest by 7 December of the budgetary year for which defrayal is being requested.
5. The Secretary-General may make specific arrangements concerning advance payments in respect of ordinary travel expenses and subsistence expenses.
CHAPTER 2
Regularisation and Recovery
Article 66
Alternative supporting documents
In the event of loss of the requisite supporting documents, a Member must submit a declaration of loss accompanied by alternative supporting documents consistent with the requirements laid down in these Implementing Measures.
Article 67
Suspension of payment
If a Member or a paying agent fails to meet his or her obligations under these implementing measures or the contract concluded pursuant to Article 35, the competent authorising officer may order suspension of the payment of all or part of the allowance concerned, taking due account of any legitimate interests of third parties, for the period required to enable the Member or paying agent to meet his or her obligations or to assess the advisability of applying Article 68.
Prior to any such decision, the Member or paying agent shall be notified in writing and shall have one month in which to comply with these implementing measures or the contract. Copies of the letter shall be forwarded to the Quaestors and, where appropriate, to any third party concerned.
Article 68
Recovery of undue payments
1. Any sum unduly paid pursuant to these implementing measures shall be recovered. The Secretary-General shall issue instructions with a view to recovery of the sums in question from the Member concerned.
2. Any decision concerning the recovery of undue payments shall be consistent with the requirement that Members should be able to exercise their mandate effectively and with the smooth running of Parliament. Before any decision is taken, the Member concerned shall be heard by the Secretary-General.
3. This article shall also apply to former Members and third parties.
CHAPTER 3
Other General Financial Provisions
Article 69
Index-linking
1. The amounts referred to in Article 15, point (c), and Articles 20, 22(1) and (3), 24(2) and 26(2) may be index-linked annually by the Bureau up to a maximum increase equal to the annual inflation rate in the European Union in October of the previous year, as published by Eurostat.
2. Where appropriate, the amount referred to in Article 33(4) shall be index-linked annually by the Bureau on the basis of the joint index established by Eurostat, by agreement with the national statistical offices of the Member States, pursuant to Article 65 of Regulation (EEC, Euratom, ECSC) No 259/68. That index-linking may be backdated to the July of the year to which the index relates.
Article 70
Taxation
In accordance with the conditions laid down in Article 12 of the Statute, Regulation (EEC, Euratom, ECSC) No 260/68 of the Council of 29 February 1968 laying down the conditions and procedure for applying the tax for the benefit of the European Communities ( 11 ) shall apply to Members.
Article 71
Attachment
1. The salary provided for in Article 10 of the Statute, the transitional allowance or the old-age pension may be the subject of an attachment order, up to a maximum of one-third of the sum involved, on the basis of a decision by the courts or by the competent administrative authority.
2. The Secretary-General shall issue instructions with a view to the implementation of such a measure. Those instructions shall be consistent with the requirement that Members should be able to exercise their mandate effectively and with the smooth running of Parliament. Before any such instructions are issued, the Member concerned shall be heard.
CHAPTER 4
Final Provisions
Article 72
Complaints
1. A Member who takes the view that these implementing measures have not been correctly applied to him or her by the competent service may address a written complaint to the Secretary-General.
The decision of the Secretary-General on the complaint shall state the reasons on which it is based.
2. A Member who does not agree with the decision of the Secretary-General may, within two months after notification of the Secretary-General's decision, request that the matter be referred to the Quaestors, who shall take a decision after consulting the Secretary-General.
3. If a party to the complaint procedure does not agree with the decision adopted by the Quaestors, he or she may, within two months after notification of that decision, request that the matter be referred to the Bureau, which shall take the final decision.
4. This Article shall also apply to a Member's legal successor as well as to former Members and their legal successors.
Article 72a
Electronically scanned supporting documents
1. Where these Implementing Measures refer to the submission of applications for reimbursement or defrayal, such applications may be submitted in electronic form together with a digital signature.
2. Where these Implementing Measures require the submission of supporting documents, such documents may be submitted in the form of scanned copies, provided that the Member declares on his or her honour that the documents submitted match the originals thereof.
3. In order that checks may be carried out to match scanned copies of supporting documents with the originals thereof, Members shall keep the originals until 31 December of the calendar year following that in which the application for reimbursement or defrayal was submitted.
The relevant Parliament departments shall implement a system of spot checks to ensure that scanned copies of supporting documents match the originals thereof.
Article 73
Entry into force
These implementing measures shall enter into force on the same date as the Statute.
Article 74
Abrogation
Subject to the transitional provisions laid down in Title IV, the PEAM Rules shall cease to be valid on the date on which the Statute enters into force.
TITLE IV
TRANSITIONAL PROVISIONS
Article 75
Survivor’s pension, invalidity pension and old-age pension
1. The survivor’s pension, the invalidity pension, the additional invalidity pension granted for dependent children and the old-age pension paid pursuant to Annexes I, II and III to the PEAM Rules shall continue to be paid pursuant to those annexes to those persons who were in receipt of the benefits in question prior to the date of entry into force of the Statute.
Where a former Member in receipt of the invalidity pension dies after 14 July 2009, the survivor's pension shall be paid to his or her spouse, stable non-marital partner or dependent children, subject to the conditions laid down in Annex I to the PEAM Rules.
2. The old-age pension rights acquired prior to the date of entry into force of the Statute pursuant to the aforementioned Annex III shall be maintained. Persons who have acquired rights under that pension scheme shall receive a pension calculated on the basis of their acquired rights pursuant to the aforementioned Annex III as soon as they meet the relevant conditions laid down by the national law of the Member State concerned and they have submitted the application referred to in Article 3(2) of the aforementioned Annex III.
Article 76
Additional pension
1. An additional pension which becomes payable to former Members or other beneficiaries pursuant to Articles 1, 3 and 4 of Annex VII to the PEAM Rules before 1 January 2019 shall continue to be paid in accordance with that Annex as applicable until 31 December 2018.
2. Any additional pension which on 1 January 2019 has not yet become payable, shall be determined and paid pursuant to Articles 1 and 2 of Annex VII to the PEAM Rules subject to the following conditions and derogations:
(a) the pension shall be payable from the first day of the calendar month following the date when the Member reaches the age of 65 years;
(b) the pension shall be subject to a special levy amounting to 5 % of the nominal amount of the pension. The levy shall be directly payable to the Additional (Voluntary) Pension Fund.
2a. The additional (voluntary) pension for other beneficiaries pursuant to Articles 3 and 4 of Annex VII to the PEAM Rules which on 1 January 2019 has not yet become payable shall be subject to a special levy amounting to 5 % of the nominal amount of the pension. The levy shall be directly payable to the Additional (Voluntary) Pension Fund.
3. Members elected in 2009:
(a) who were Members during a previous parliamentary term, and
(b) who have already acquired or were in the process of acquiring rights in the additional pension fund, and
(c) in respect of whom the Member State of election has adopted a derogation pursuant to Article 29 of the Statute, or who, pursuant to Article 25 of the Statute, have themselves opted for a national scheme, and
(d) who are not entitled to a national or European pension deriving from the exercise of their mandate as Members of the European Parliament
may continue to acquire new rights after the date of entry into force of the Statute, pursuant to the aforementioned Annex VII.
4. Members must pay their contributions to the additional pension fund from their own income.
Article 77
Transitional allowance
1. The transitional allowance granted pursuant to Annex V to the PEAM Rules shall continue to be paid, pursuant to that annex, to those persons who were in receipt of the allowance prior to the date of entry into force of the Statute.
2. Members who definitively cease to exercise their parliamentary mandate at the end of the sixth parliamentary term shall be paid the transitional allowance provided for in the aforementioned Annex V.
3. For those Members who receive the salary provided for in Article 10 of the Statute and whose term of office ends after the date of entry into force of the Statute, the period during which they exercised their mandate prior to that date shall be taken into account when calculating the amount of the transitional allowance granted pursuant to Article 13 of the Statute.
4. However, the Members referred to in paragraph 3 may ask that the pro rata amount of the transitional allowance should be calculated, in respect of the part of their term of office which precedes the date of entry into force of the Statute, in accordance with the rules laid down in Annex V to the PEAM Rules. The period taken into account when calculating that pro rata amount shall be deducted from the maximum period laid down in Article 13(2) of the Statute.
Article 78
Transitional arrangements applicable to the contracts of local assistants and paying agents
1. The provisions of Articles 34 and 35, as amended by the Bureau decision of 26 October 2015, concerning the number of assistants and the remuneration of assistants and paying agents shall not affect contracts that are still valid, provided that applications for defrayal of the expenses arising from them have been submitted to the relevant department before 27 October 2015.
2. Contracts of the kind referred to in paragraph 1 may only be renewed or modified in accordance with the provisions of Title I, Chapter 5.
Article 79
Life assurance
The procedures concerning continuation, conversion or payment of the surrender value of life assurance policies laid down in Article 19(2) of the PEAM Rules in the event of cessation of duties shall apply, under the terms of the insurance policy, to all current Members until the end of the sixth parliamentary term, provided that they have paid premiums for a period of at least two years.
Article 80
Assistance for seriously disabled children
The benefits paid pursuant to Article 21b of the PEAM Rules shall continue to be paid pursuant to that Article to those Members who were in receipt of them and who are re-elected in 2009.
Article 81
Members covered by Article 25 or Article 29 of the Statute
1. Members re-elected in 2009 who have exercised the right conferred on them by Article 25 of the Statute shall be paid the salary, the transitional allowance, the old-age pension, the invalidity pension and the survivor’s pension in respect of the period after the entry into force of the Statute only in accordance with the conditions laid down by their national laws, the cost to be debited solely to the budget of the Member State concerned.
In addition, the Members referred to in the first subparagraph may ask Parliament to pay the transitional allowance for the part of their term which precedes the entry into force of the Statute; in accordance with the rules laid down in Annex V to the PEAM Rules.
2. This arrangement shall also apply to Members in respect of whom their Member State of election has adopted a derogation pursuant to Article 29 of the Statute.
3. By way of derogation from Article 7(2), in the case of Members in respect of whom their Member State of election has adopted a derogation pursuant to Article 29 of the Statute or who, pursuant to Article 25 of the Statute, have themselves opted for a national scheme, the one-third part of the insurance premium payable by Members shall be paid directly and individually from a personal account.
4. By way of derogation from Article 3(1), former Members who are in receipt of a national pension, pursuant to Article 25 or Article 29 of the Statute, shall be entitled to reimbursement of two-thirds of their medical expenses, of pregnancy-related expenses or of expenses relating to the birth of a child in accordance with the conditions laid down in these implementing measures if they do not enjoy primary cover against the risk of illness.
5. The former Members who are in receipt of a national pension, pursuant to Article 25 or Article 29 of the Statute, and are suffering from a recognised serious illness shall be entitled to reimbursement of their medical expenses related to the continuation of an ongoing treatment, in accordance with the conditions laid down in these implementing measures, provided that:
(a) the serious illness was caused by an event which occurred during the mandate and prevented the Member from exercising the last part thereof;
(b) the illness was recognised as a serious illness by Parliament during the Member’s mandate; and,
(c) the treatment of the illness was initiated during the Member’s mandate.
If the former Member enjoys a primary cover, this entitlement shall apply on a complementary basis, i.e. only for those costs which are not covered by the primary cover.
Article 82
Transitional regime for the waiver of reimbursement of medical expenses
Members who, under Article 3(4), waive their right to reimbursement of medical expenses by 15 March 2011 shall be reimbursed under the conditions laid down in that paragraph, with retrospective effect from 14 July 2009 or else starting from the first month following the date of the last reimbursement of medical expenses made under Article 3(1).
( 1 ) OJ L 278, 8.10.1976, p. 5.
( 2 ) Joint rules on sickness insurance for officials of the European Communities, adopted by all the institutions, common agreement on which was recorded by the President of the Court of Justice of the European Communities on 24 November 2005, as referred to in Article 72 of Regulation (EEC, Euratom, ECSC) No 259/68 of the Council of 29 February 1968 laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities and instituting special measures temporarily applicable to officials of the Commission (OJ L 56, 4.3.1968, p. 1).
( 3 ) Commission Decision of 2 July 2007 laying down the general implementing provisions for the reimbursement of medical expenses.
( 4 ) OJ L 56, 4.3.1968, p. 1.
( 5 ) Common rules on the insurance of officials of the European Communities against the risk of accident and of occupational disease, adopted by all the institutions, common agreement on which was recorded by the President of the Court of Justice of the European Communities on 13 December 2005.
( 6 ) Should a paying agent chosen by a Member under the terms of paragraph 3, points (a) or (c) only be in a position to manage employment contracts, the Member may, where necessary, request authorisation to use the services of the paying agent referred to in paragraph 3, point (b) to manage his or her service contracts.
( 7 ) Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).
( 8 ) Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union (OJ L 362, 31.12.2012, p. 1.).
( 9 ) OJ L 319, 5.12.2007, p. 1.
( 10 ) OJ L 357, 31.12.2002, p. 1.
( 11 ) OJ L 56, 4.3.1968, p. 8.