N° 80-2004 / 25.06.2004

Brussels, 28.4.2004
C(2004) 1597

COMMISSION DECISION

on reimbursements due to officials assigned to non-member countries

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Staff Regulations of officials of the European Communities and the Conditions of Employment of other servants of these Communities as laid down by Council Regulation (EEC, Euratom, ECSC) No 259/68(1), and in particular Annex X thereto,

After consulting the Staff Committee,

Whereas there is a need for new provisions governing reimbursements due to officials assigned to non-member countries,

HAS DECIDED AS FOLLOWS:

SECTION 1
INSTALLATION AND RESETTLEMENT ALLOWANCES

Article 1

Under the second paragraph of Article 16 of Annex X to the Staff Regulations, officials may opt to have the installation allowance paid either in euros or in the currency of the new country of employment.

In the latter case the allowance shall be subject to the weighting fixed for the place of employment and shall be converted at the corresponding exchange rate.

Article 2

Under the second paragraph of Article 16 of Annex X, officials may opt to have the resettlement allowance paid either in euros or in the currency of the country of resettlement.

In the latter case the allowance shall be subject to the weighting fixed for the place of resettlement and shall be converted at the corresponding exchange rate.

SECTION 2
OTHER REIMBURSEMENTS

Article 3

Under the first paragraph of Article 16 of Annex X to the Staff Regulations, expenses including:

  • travel expenses within the meaning of Article 7 of Annex VII to the Staff Regulations
     
  • travel expenses for rest leave (Article 20 of Annex X to the Staff Regulations)
     
  • the actual cost of renting temporary accommodation with the prior approval of the appointing authority (last paragraph of Article 18 of Annex X to the Staff Regulations)
     
  • removal expenses (first paragraph of Article 17, and first indent of first paragraph and second paragraph of Article 21 of Annex X to the Staff Regulations
     
  • storage costs for household content (second indent of first paragraph of Article 21 of Annex X to the Staff Regulations)
     
  • the cost of transporting personal effects (first and second indents of first paragraph, and second paragraph of Article 21 of Annex X to the Staff Regulations)
     
  • hotel expenses (first paragraph of Article 18 of Annex X to the Staff Regulations)
     
  • rent (Article 23 of Annex X to the Staff Regulations)
     
  • travel expenses on mission (Articles 11, 12 and 13 of Annex VII to the Staff Regulations)

shall be reimbursed on production of supporting documents. These amounts shall be paid, on the basis of a reasoned request from the official, in euros, the currency of the country of employment or the currency in which the expenses are incurred.

If necessary the amounts to be reimbursed shall be converted at the Commission's accounting exchange rate for the month in which the expenditure was incurred.

Article 4

In accordance with Article 20 of Annex X, officials shall be entitled to reimbursement of the cost of the return journey from the place of employment to the place in which rest leave is to be taken, as determined by the appointing authority, or to another place, in which case the reimbursement may not exceed the cost of the return journey to the place in which rest leave is to be taken.

Article 5

The daily allowance provided for in Articles 18 and 22 of Annex X to the Staff Regulations and in Article 10 of Annex VII to the Staff Regulations shall be paid in the currency of the country of employment. Amounts due shall be converted at the Commission's accounting exchange rate for the month for which the allowance is due.

The appointing authority may pay the allowance in euros on the basis of a reasoned request from the official.

Article 6

In principle the amount of the daily mission allowance shall be fixed by the appointing authority for each country each year. It shall be paid in the currency of the country of employment. The appointing authority may pay the allowance in euros on the basis of a reasoned request from the official. Amounts due shall be converted at the accounting exchange rates for the month in which the mission takes place. If the mission extends beyond one calendar month, the accounting exchange rates for the months concerned shall be used for the relevant parts of the mission.

Article 7

The amount of the mileage allowance referred to in Article 19 of Annex X to the Staff Regulations shall be fixed by the appointing authority at least once a year for each place of employment.

The appointing authority, on a proposal from the Delegate, shall determine the standard mileage authorized for each official.

Article 8

For journeys taken in connection with rest leave, the official and, if he is entitled to the household allowance, his spouse and dependants within the meaning of Article 2 of Annex VII to the Staff Regulations, may be reimbursed, on production of supporting documents, the costs of transporting accompanied luggage in excess of the allowance granted by airlines up to the following weight limits :

  • 40 kg of personal luggage for the official;
     
  • 40 kg of personal luggage for his spouse;
     
  • 10 kg of personal luggage per child.

These weight limits are calculated on the basis of a return journey from the place of employment to the place of leave. The official, his spouse and dependants may opt to use the full weight limit for one leg of the return journey or to divide it between the two legs of the journey.

The cost of insuring such luggage shall be borne by the official.

Article 9

Subject to the weight limits set out below, the Institution shall pay the cost of transporting officials' accompanied luggage when they move to or finally return from a place of employment outside the Community.

Accompanied luggage by air:

The Commission shall refund the cost of transporting the following luggage in excess of the allowance granted by airlines:

  • 30 kg of personal luggage for the official;
     
  • 30 kg of personal luggage for the spouse;
     
  • 10 kg of personal luggage per child.

Officials may ask the appointing authority for permission to use all or part of this entitlement to transport unaccompanied luggage by air.

Article 10

Where the Institution provides furnished accommodation, officials shall be authorized to remove their personal effects at the Institution's expense subject to the following limits :

  1. Personal and household effects by air
     
    • 600 kg of personal and household effects for the official;
       
    • 300 kg of personal and household effects for the spouse;
       
    • 150 kg of personal and household effects per dependent child.

    These net weights may be increased by 30% for packing. Transport costs shall be based on the safest and most direct route.
     

  2. Officials may ask the appointing authority for permission to use all or part of their entitlement to ship personal and household effects by surface transport. They shall supply an estimate of surface transport costs.

    Except in the case of accompanied luggage by air, the Institution shall pay the cost of insuring baggage, subject to a limit to be set by the appointing authority.

Article 11 – Removal costs

Where the Institution does not provide furnished accommodation, officials shall be authorized to transport their furniture under the following conditions :

Removal expenses shall be reimbursed on the basis of a prior estimate sent to and approved by the appointing authority. At least two estimates shall be supplied. The appointing authority reserves the right to require further estimates to check the offers made.

The estimates shall be made out in the name of the official who is moving and state clearly:

  • the volume of the goods to be removed. As a general rule this shall be limited to 60 m3 (excluding a vehicle). In the event of this figure being exceeded, the appointing authority reserves the right to ask officials to place some of their furniture in storage;
     
  • the insurance premium as a percentage of the value of the goods. Unless the appointing authority makes an exception, the value shall not exceed €148 736.11(2). The cost of insuring sums in excess of this figure shall be borne by the official;
     
  • the total cost of the removal. The appointing authority shall inform the official of the total amount approved for the removal. The official shall then inform the remover.

No increase in the amount approved shall be accepted.

Officials who undertake a removal before the estimate is approved shall do so at their own risk as far as the amount to be reimbursed by the Institution is concerned.

At the end of the official's posting to the country in question, removal expenses to the new place of employment shall be reimbursed on the same conditions. If there have been substantial changes in the inventory of the official's furniture, the appointing authority shall assess the amount to be reimbursed on the basis of a reasoned application.

After the removal the official shall send the remover's invoice to the Institution. This shall be paid by the Institution on the official's behalf unless the official requests otherwise. Any dispute relating to removal or payment of the invoice shall be the sole responsibility of the official.

Article 12

Depending on officials' place of employment, the appointing authority may decide to pay the removal expenses for a vehicle owned by them at the time of their transfer.

Article 13 - Reimbursement of storage costs

The Institution may pay the following costs relating to storage of that part of officials' furniture and personal effects not removed outside the Community:

  • the cost of transporting furniture not removed to the new country of employment to the warehouse and storage costs proper throughout the official's posting to the country in question;
     
  • payment of these costs shall be approved by the appointing authority in accordance with the above provisions whenever the official's place of employment outside the Community is changed;
     
  • insurance costs.

The official shall supply two estimates to the appointing authority in advance.

The appointing authority may also pay storage and related costs if officials have to move from the accommodation they occupied at their former place of employment before finding accommodation at their new place of employment.

In such cases the expenses shall be paid for a maximum of six months.

Any dispute relating to storage shall be the sole responsibility of the official.

Article 14

These provisions shall enter into force on 1.5.2004.

They hereby repeal and replace the Internal Rules on reimbursements due to officials assigned to non-member countries which came into force on 10 October 1987.

Done at Brussels, 28.4.2004.

_____________________
Footnotes

(1) OJ L 56, 4.3.1968, p.1 Regulation as last amended by Regulation (EC, Euratom) No 723/2004 (OJ L 124, 27.4.2004, p. 1).

(2) This amount shall be revised annually by the appointing authority in the light of the cost of living index for Brussels

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   Author: RELEX K2