Ministers’ Deputies
Notes on the Agenda

CM/Notes/969/11.3 16 June 20061
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969 Meeting, 21 June 2006
11 Administration and Logistics


11.3 Co-ordinating Committee on Remuneration (CCR)

Adjustment of the daily subsistence allowance for staff for 2006 – 169th Report

Item prepared by the GR-AB

Reference documents:
CM(2006)1 and Corrigendum
GR-AB(2006)5 and 10
GR-AB(2006)CB2, 3 and 4

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Action

To decide to apply the 2005 rates of daily subsistence allowance for 2006.

1. The 169th report of the CCR (CM(2006)1) sets out the daily rates of subsistence allowances for 2006. The rates have been calculated by application of the adjustment method as set out in Appendix 1 to the CCR's 160th report (CM(2004)185), which was adopted by the Deputies at their 923rd meeting (6 April 2005 – item 11.1).

2. The GR-AB first examined this item at its meeting of 9 March 2006 where it was decided to postpone any decision pending an opinion from the Legal Advisor clarifying the possible consequences of the decision. The latter distributed his opinion in document GR-AB(2006)10.

3. The GR-AB came back to this matter at its meeting of 4 April 2006 and again on 2 May 2006 when an overwhelming majority supported freezing the rates for 2006 at their 2005 level.

4. The Secretary General draws the attention of the Committee of Ministers to the conclusion of the Legal advisor in paragraph 17 of GR-AB(2006)10 which states that “[…]the lack of any express provision for derogation make it impossible for the Committee of Ministers to depart from, or, a fortiori, refuse to apply, a CCR recommendation which has a legal basis (the adjustment method) which the Committee of Ministers has itself approved. Hence, in the present case, a decision to freeze the rate of the daily subsistence allowance would be devoid of any legal basis because it would be contrary both to the CCR’s recommendation and to the method for adjusting the allowance. Similarly, the Committee of Ministers could not legitimately amend or revoke its decision of 6 April 2005 approving the adjustment method for the daily allowance, and then freeze the rate of that allowance in 2006. Such a decision would be contrary to the general principles of law embodied in the case-law mentioned above (see paragraph 14).” There is therefore a likelihood that such a decision will be challenged before the Administrative Tribunal.

5. The Deputies held a preliminary discussion of this item at their 967th meeting (14 June 2006, item 11.1). They are invited to resume consideration at the present meeting in the light of those preliminary discussions.

Financing assured: YES

DRAFT DECISIONS

969th meeting – 21 June 2006

Item 11.3

Co-ordinating Committee on Remuneration (CCR) –
Adjustment of the daily subsistence allowance for staff for 2006 – 169th Report

(CM(2006)1 and Corrigendum and GR-AB(2006)5 and 10)

Decisions

The Deputies

1. took note of the 169th Report of the CCR and its Corrigendum on the review at 1 January 2006 of the daily rates of subsistence allowance for staff of the Coordinated Organisations, as they appear in documents CM(2006)1 and Corrigendum;

2. in view of the budgetary constraints, decided to apply the 2005 rates of daily subsistence allowances for 2006;

3. agreed that presentation of hotels bills should be necessary for full reimbursement of the daily subsistence allowance, and invited the Secretary General to take appropriate measures to that effect, with a view to its earliest implementation;

4. encouraged delegations to submit information on their own national systems, on the understanding that these could serve as a basis for future discussions on the subject, with a view to identifying further savings.

Note 1 This document has been classified restricted at the date of issue. Unless the Committee of Ministers decides otherwise, it will be declassified according to the rules set up in Resolution Res(2001)6 on access to Council of Europe documents.


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