1089th meeting – 30 June 2010

Appendix 15
(Item 11.3)

Revised rules
concerning the reimbursement of travel and subsistence expenses
to the Data Protection Commissioner
travelling at the charge of Council of Europe budgets

I. GENERAL PROVISIONS

Article 1

The Data Protection Commissioner (hereinafter referred to as the “Commissioner”) travelling on Council of Europe business and at the Council's expense shall arrange his or her journey in the most economical manner. Travelling expenses shall be reimbursed and daily subsistence allowances paid in accordance with the present rules.

II. MEANS OF TRANSPORT AND TRAVELLING EXPENSES

Article 2

1. The Commissioner shall be entitled, as provided for below, to reimbursement of travel expenses incurred in travelling between the address specified in the notice of the meeting (hereinafter referred to as the “place of departure”), and the place of the meeting.

2. If, for personal or professional reasons, the Commissioner travels to the meeting from a place other than his or her place of departure, or returns to such a place after the meeting, the refund shall be restricted to the amount of expenses he or she would have incurred in travelling to or from his or her place of departure. In exceptional and duly justified circumstances, with the prior approval of the Secretary General, the Commissioner may request reimbursement based on the actual itinerary.

3. Travelling expenses shall not be reimbursed more than once per meeting.

Article 3

All claims for reimbursement of travel expenses for all means of transport must be accompanied by a copy of the relevant ticket and evidence of the expenditure actually incurred (for example, an original invoice or certified copy, credit card slip or statement). In no case shall the amount reimbursed exceed the actual expenditure incurred.

Article 4

1. Rail travel

The reimbursement of the first class rail fare is authorised. Where the duration of the journey is longer than 6 hours between 10 p.m. and 7 a.m., the cost of a sleeper may be reimbursed.

2. Air travel

Reimbursement shall be based on the economy class fare.

However, reimbursement may be based on the business class fare in the following circumstances:

- for single flights lasting more than 7 hours;
- for more than 15 hours travelling time (more than one flight plus stopovers);
- for health reasons attested by a medical certificate, which must be submitted with the claim form.

The flight itinerary must be presented to justify the duration of flying time or total travelling time, as appropriate.

Excess baggage charges are not refundable unless justified on grounds of official requirements.

3. Sea travel

The reimbursement of travel by sea shall not exceed the amount of the air fare as defined in paragraph 2 above. When the Commissioner travels by car, the cost of transporting the car by sea shall not be reimbursed (see Article 6, paragraph 1).

Article 5

1. Transit fares in connection with changing from one means of transport to another and fares paid for travel between the place of departure and/or the place of the meeting and railway station or airport are provided for within the daily allowances paid for attendance at meetings and shall not therefore be directly reimbursed. However, when such fares exceed 20% of the daily allowances paid, the difference may be reimbursed, subject to the prior approval of the Secretary General and on presentation of evidence of the expenditure actually incurred.

2. Local travel costs incurred during meeting days are provided within the daily allowances paid for attendance at meetings and shall not therefore be directly reimbursed.

Article 6

1. The Commissioner travelling by means other than public transport a distance exceeding 30 kilometres per journey (one-way) shall be refunded a lump sum based on a kilometric allowance determined annually by the Committee of Ministers. Distances over 1600 kilometres for the return journey shall be refunded on the basis of the economy class air fare from the nearest airports, unless there is prior approval from the Secretary General authorising reimbursement based on the kilometric allowance. Journeys of less than 30 kilometres (one-way) are not reimbursed.

2. The journey time used as the basis for the calculation of daily allowances shall be the result of the number of kilometres divided by 90 and shall not exceed 24 hours.

3. Related costs, such as toll and parking fees, may only be reimbursed with the prior approval of the Secretary General and only where there is no other possible alternative. Such claims shall be accompanied by evidence of the expenditure actually incurred.

4. If the Commissioner travels by car he or she does so at his or her own risk. The Council of Europe disclaims all liability in respect of any accident that may occur during the journey.

III. DAILY ALLOWANCES

Article 7

1. During the meeting, the Commissioner shall be entitled to receive an allowance at a daily rate determined annually by the Committee of Ministers (the rate in force as from 1 January 2010 is €323). This rate is the same wherever the meeting takes place. Non-meeting days shall be paid at the rate of €175.1

2 When the Commissioner is called upon to attend in an official capacity meetings or events outside the normal programme, the daily allowance payable shall be €3232 and shall be applied in the same conditions as at paragraph 1 above. When he or she is invited to attend in a personal capacity and authorisation is given for the reimbursement of his expenses at the charge of the Council of Europe's budget, the daily allowance payable shall be €175.3

3. This allowance shall be deemed to cover all expenditure incurred by the Commissioner in attending meetings, except for the travel expenses provided for above. However, where in exceptional and duly justified circumstances, and with the prior approval of the Secretary General, total accommodation costs (room, breakfast and related taxes) amount to more than 60% of the total daily allowances payable in respect of the meeting, the Commissioner may submit a claim for a supplementary payment. Any such claim must be supported by original vouchers attesting the actual expenditure incurred for accommodation.

Article 8

1. The duration of the period conferring entitlement to the allowance shall be determined as follows:

    i. The Commissioner shall be entitled to the daily allowance for each 24-hour period covered by the duration of the journey to and from the meeting. The duration taken into account for the entitlement to daily allowances shall not exceed the shortest necessary for attendance at the meeting in accordance with the means of transport taken as the basis for the refund of travel expenses, as determined by the rules above.

    ii. The daily allowance shall not be payable for any period of less than 4 hours.

    iii. Where the duration of the journey is equal to or more than 4 hours but less than 8 hours and no hotel accommodation is involved, the Commissioner shall be paid a quarter of the daily allowance. The same shall apply to any period equal to or more than 4 hours but less than 8 hours, in excess of 24 hours or any multiple of 24 hours.

    iv. Where the duration of the journey is equal to or more than 8 hours but less than 24 hours and no hotel accommodation is involved, the Commissioner shall be paid half the daily allowance. The same shall apply to any period equal to or more than 8 hours but less than 24 hours, in excess of 24 hours or any multiple of 24 hours.

    v. Where the duration of the journey is equal to or more than 4 hours but less than 24 hours and hotel accommodation is involved, the Commissioner shall be paid the full amount of the daily allowance. The same shall apply to any period equal to or more than 4 hours and less than 24 hours, in excess of 24 hours or any multiple of 24 hours.

2. In the case of air, rail and sea travel, the duration of the journey shall be increased, for the purpose of calculating the subsistence allowance, by a fixed period of 2 hours.

3. The Commissioner shall declare any meals or overnight accommodation provided free of charge. Where overnight accommodation or meals of the Commissioner are provided free of charge the daily allowance shall be reduced, unless the Secretary General decides otherwise, by the following amounts:

- Overnight accommodation €87.504 per night
(50% of the daily allowance)
- Main meal (lunch or dinner) €26.255 per meal
(15% of the daily allowance)

IV. OTHER EXPENSES

Article 9

1. Other expenses incurred by the Commissioner in connection with his or her attendance at the meeting, such as visa fees and vaccination costs, which are strictly unavoidable, shall be reimbursed. Such claims shall be accompanied by evidence of the expenditure actually incurred.

2. Expenses related to insurance, representation, communication by telephone or fax, the use of the Internet and the rental of meeting rooms are not reimbursed.

V. SICKNESS AND ACCIDENT

Article 10

When travelling on behalf of the Council of Europe, the Commissioner is covered in respect of risks specifically related to such travel by insurance taken out by the Organisation on his or her behalf. He or she is nevertheless obliged in the first instance to exhaust all possibilities of payment of benefits due to him or her under the scheme to which they are affiliated in his or her own country in respect of illness and accident occurring during the journey and/or the meeting.

VI. REIMBURSEMENT

Article 11

The expenses referred to above shall be refunded upon submission of a claim certified true and correct by the Commissioner, to which all vouchers required by the rules must be appended.

Note 1 Rate in force at 1 January 2010.
Note 2 Rate in force at 1 January 2010.
Note 3 Rate in force at 1 January 2010.
Note 4 Rate in force at 1 January 2010.
Note 5 Rate in force at 1 January 2010.


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