Proposal for a Council Regulation (EC, Euratom, ECSC) adjusting the daily subsistence allowance rates for officials on mission within the European territory of the Member States of the European Union laid down in Article 13 of Annex VII to the Staff Regulations of officials of the European Communities and introducing an annual adjustment procedure (96/C 349/08) COM(96) 451 final - 96/0232(CNS)

(Submitted by the Commission on 23 September 1996)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing a single Council and a single Commission of the European Communities, and in particular Article 24 thereof,

Having regard to the Staff Regulations of officials and the conditions of employment of other servants of the European Communities laid down by Council Regulation (EEC, Euratom, ECSC) No 259/68 (1), as last amended by Regulation (EEC, Euratom, ECSC) No 2963/95 (2), and in particular Article 13 of Annex VII to the Staff Regulations and Articles 22 and 67 of the conditions of employment,

Having regard to the proposal from the Commission after consulting the Staff Regulations Committee (3),

Having regard to the opinion of the European Parliament,

Having regard to the opinion of the Court of Justice,

Having regard to the opinion of the Court of Auditors,

Whereas the rates of daily subsistence allowance for officials on mission should be adjusted in order to take account of the increased costs recorded since 1991 in the different places of employment in the Member States;

Whereas, in the case of missions to the seats of the Community institutions, the European Parliament's practice of applying the same rates for officials in all grades, except grades A 1, A 2 and A 3, should be emulated;

Whereas daily allowance rates should be fixed for missions to Austria Finland and Sweden;

Whereas, in the interests of equal treatment, the scale of rates should be aligned on those already applied by the European Parliament;

Whereas a procedure should be introduced for the regular adjustment of daily subsistence allowance rates for missions to take account of changes in prices and exchange rates,

HAS ADOPTED THIS REGULATION:

Article 1

Article 13 of Annex VII to the Staff Regulations is hereby amended as follows:

1. the scale in paragraph 1 (a) is replaced by the following:

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` 2. the following subparagraph (c) is added to paragraph 1:

'(c) In the case of missions to one of the seats of the institutions, column II of the foregoing scale shall apply to categories C and D.`;

3. the first sentence of paragraph 2 is replaced by the follwing:

'2. In addition to the rates set out in column I of the foregoing scale, the hotel bill covering room, service and taxes, but excluding breakfast, shall be reimbursed up to a maximum of Belgian francs 4 547 for Belgium

Belgian francs 5 589 for Denmark

Belgian francs 3 863 for Germany

Belgian francs 3 288 for Greece

Belgian francs 5 040 for Spain

Belgian francs 3 645 for France

Belgian francs 4 772 for Ireland

Belgian francs 5 340 for Italy

Belgian francs 4 151 for Luxembourg

Belgian francs 5 171 for the Netherlands

Belgian francs 4 921 for Austria

Belgian francs 4 611 for Portugal

Belgian francs 6 150 for Finland

Belgian francs 6 150 for Sweden

Belgian francs 4 762 for the United Kingdom.`;

4. the following subparagraph is added to paragraph 9:

'The rates set out in paragraphs 1 and 2 shall be adjusted by the Commission by 31 March each year on the basis of the hotel and catering price indices published by Eurostat in November of the preceding year and the relevant exchange rates. It shall notify the other institutions accordingly. The decision shall take effect on the first day of the month following its adoption.`

Article 2

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

(1) OJ No L 56, 4. 3. 1968, p. 1.

(2) OJ No L 310, 22. 12. 1995, p. 1.

(3) Opinion No 158/96, 3. 6. 1996.