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Ministers’ Deputies
Decisions

CM/Del/Dec(2002)818 2 December 2002
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818th meeting, 27 November 2002

Decisions adopted

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CONTENTS

Page

List of those present 8

1. General questions

1.1 Adoption of the Agenda 11

1.2 Preparation of forthcoming meetings - ⁽

1.3 Communication from the Secretary General 11

1.4 Report of the Bureau - *

2. Political questions

2.1 Current political questions - *

2.2 Situation in Cyprus - *

2.3 Co-operation between the United Nations and the Council of Europe - *

3. Parliamentary Assembly

3.1 Standing Committee (Malta, 18 November 2002) – Texts adopted 11


4. Human Rights

4.1 Council of Europe Commissioner for Human Rights –
Report on his visit to Romania (7 to 9 October 2002) - *

4.2 European Commission against Racism and Intolerance (ECRI) – Renewal of the composition of ECRI in accordance with the provisions of its new Statute 13

11. Administration and logistics

11.1 Council of Europe Budgets –
Draft Budgets and Programme of Activities for 2003

Part 1 Ordinary Budget, Subsidiary Budgets – Services, Subsidiary Budget of the
European Youth centres and Subsidiary Budget for Publications –
Draft Programme of Activities 14

Part 2 Extraordinary Budget 16

Part 3 Pensions Budget 16

Part 4 Budget of the European Youth Foundation 16

Page

Part 5 Budget of the Partial Agreement in the Social and Public Health Field 17

Part 6 Budget of the European Pharmacopoeia and Subsidiary budgets –
Biological Standardisation Programme –
Publications, Development, Certification and Conferences 17

Part 7 Budget of the Partial Agreement on the Council of Europe Development Bank 18

Part 8 Budget of the Partial Agreement on the Co-operation Group to combat drug abuse
and illicit trafficking in drugs (Pompidou Group) 18

Part 9 Budget of the Partial Agreement on the Co-operation Group for the prevention of, protection against, and organisation of relief in major natural and technological disasters 19

Part 10 Budget of the Partial Agreement on the European Support Fund for the co-production
and distribution of creative cinematographic and audio-visual works “Eurimages” 19

Part 11 Budget of the Enlarged Agreement on the European Commission for Democracy
through Law 20

Part 12 Budget of the Partial Agreement on the Youth Card 20

Part 13 Budget of the Enlarged Partial Agreement on the European Centre for Modern
Languages 21

11.2 Co-ordinating Committee on Remuneration (CCR) – Remuneration of the Staff of the
Co-ordinated Organisations: General Review – 139th report –
Report by the CCR Chairman 21

11.3 2002 Budgetary situation 22

11.4 Establishment of a Pension Reserve Fund and introduction of a New Pension Scheme for
permanent staff members hired on or after 1 January 2003 23

11.5 Amendments to the Staff Regulations in connection with the New Staff Policy 24

13. Any other business


APPENDICES

APPENDIX 1 818th Meeting of the Ministers' Deputies
(item 1.1) (Strasbourg, 27 (10am) November 2002)
Agenda 25

APPENDIX 2 Resolution Res(2002)27
(item 11.1, part 1) on the adjustment of the scale of contributions to the Council of Europe
Ordinary Budget and Budget of the European Youth Foundation
with effect from 1 January 2003 28

Page

APPENDIX 3 Rates of various retainers, honoraria and allowances for 2003 30
(item 11.1, part 1)

APPENDIX 4 Changes to the establishment table 31
(item 11.1, part 1)

APPENDIX 5 Establishment table by directorate and department
(item 11.1, part 1) provisional draft for 1-1-2003 (as of 24-9-2002) 32

APPENDIX 6 Organisation chart of the Secretariat of the Council of Europe 33
(item 11.1, part 1)

APPENDIX 7 Resolution Res(2002)28
(item 11.1, part 1) concerning the Ordinary Budget for 2003 34

APPENDIX 8 List of meetings outside Strasbourg in 2003 57
(item 11.1, part 1)

APPENDIX 9 Indicative breakdown of appropriations for co-operation activities
(item 11.1, part 1) in 2003, by main strategic objectives and Country 61

APPENDIX 10 Resolution Res(2002)29
(item 11.1, part 1) approving the Programme of Activities for 2003 63

APPENDIX 11 Resolution Res(2002)30
(item 11.1, part 2) on the adjustment of the scale of contributions to the Extraordinary Budget
with effect from 1 January 2003 64

APPENDIX 12 Resolution Res(2002)31
(item 11.1, part 2) on the Extraordinary Budget relating to buildings expenditure
2003 Budget 66

APPENDIX 13 Resolution Res(2002)32
(item 11.1, part 3) on the adjustment of the scale of contributions to the Pensions Budget
with effect from 1 January 2003 69

APPENDIX 14 Resolution Res(2002)33
(item 11.1, part 3) concerning the Pensions Budget
2003 Budget 71

APPENDIX 15 Resolution Res(2002)34
(item 11.1, part 4) concerning the Budget of the European Youth Foundation
2003 Budget 74

APPENDIX 16 Resolution Res(2002)35
(item 11.1, part 5) on the adjustment of the scale of contributions to
the budget of the Partial Agreement in the Social and Public Health Field
with effect from 1 January 2003 77

APPENDIX 17 Resolution Res(2002)36
(item 11.1, part 5) on the Partial Agreement in the Social and Public Health Field
2003 Budget 79

APPENDIX 18 Resolution Res(2002)37
(item 11.1, part 6) on the adjustment of the scale of contributions to
the budget of the European Pharmacopoeia
with effect from 1 January 2003 82

Page

APPENDIX 19 Resolution Res(2002)38
(item 11.1, part 6) on the European Pharmacopoeia
2003 Budget 84

APPENDIX 20 Resolution Res(2002)39
(item 11.1, part 7) on the adjustment of the scale of contributions to the budget
of the Partial Agreement on the Council of Europe Development Bank
with effect from 1 January 2003 92

APPENDIX 21 Resolution Res(2002)40
(item 11.1, part 7) concerning the Council of Europe Development Bank
2003 Budget 94

APPENDIX 22 Resolution Res(2002)41
(item 11.1, part 8) on the adjustment of the scale of contributions to
the budget of the Partial Agreement on the Co-operation Group
to combat drug abuse and illicit trafficking in drugs (Pompidou Group)
with effect from 1 January 2003 97

APPENDIX 23 Resolution Res(2002)42
(item 11.1, part 8) concerning the Partial Agreement on the Co-operation Group
to combat drug abuse and illicit trafficking in drugs (Pompidou Group)
2003 Budget 99

APPENDIX 24 Resolution Res(2002)43
(item 11.1, part 9) on the adjustment of the scale of contributions to the budget of the
Partial Agreement on the Co-operation Group for the prevention of,
protection against, and organisation of relief in major natural and technological disasters with effect from 1 January 2003 102

APPENDIX 25 Resolution Res(2002)44
(item 11.1, part 9) concerning the Partial Agreement on the Co-operation Group
for the prevention of, protection against, and organisation of
relief in major natural and technological disasters
2003 Budget 104

APPENDIX 26 Resolution Res(2002)45
(item 11.1, part 10) concerning the Partial Agreement on the European Support Fund
for the co-production and distribution of
creative cinematographic and audio-visual works "Eurimages"
2003 Budget 107

APPENDIX 27 Resolution Res(2002)46
(item 11.1, part 11) on the adjustment of the scale of contributions to the budget
of the Enlarged Agreement on the European Commission
for Democracy through Law
with effect from 1 January 2003 110

APPENDIX 28 Resolution Res(2002)47
(item 11.1, part 11) concerning the Enlarged Agreement on
the European Commission for Democracy through Law
2003 Budget 112

APPENDIX 29 Resolution Res(2002)48
(item 11.1, part 12) on the adjustment of the scale of contributions to
the budget of the Partial Agreement on the Youth Card
with effect from 1 January 2003 115

Page

APPENDIX 30 Resolution Res(2002)49
(item 11.1, part 12) concerning the Partial Agreement on the Youth Card
2003 Budget 117

APPENDIX 31 Resolution Res(2002)50
(item 11.1, part 13) on the adjustment of the scale of contributions to the budget
of the Enlarged Partial Agreement on the European Centre
for Modern Languages (Graz)
with effect from 1 January 2003 120

APPENDIX 32 Resolution Res(2002)51
(item 11.1, part 13) concerning the Enlarged Partial Agreement on
the European Centre for Modern Languages (Graz)
2003 Budget 122

APPENDIX 33 Draft Resolution Res(2002)52
(item 11.3) concerning the Partial Agreement on the Youth Card 125

APPENDIX 34 Resolution Res(2002)53
(item 11.4) providing for a Pension Reserve Fund for the Council of Europe 127

APPENDIX 35 Resolution (2002)54
(item 11.4) providing for a New Pension Scheme for permanent staff members
appointed on or after 1 January 2003 130

APPENDIX 36 Resolution Res(2002)55
(item 11.5) amending Article 6 of Appendix I to the Staff Regulations
(Regulations on staff participation) 153

APPENDIX 37 Resolution Res(2002)56
(item 11.5) amending Articles 6, 7, 8, 12, 18 and 26 of Appendix II
to the Staff Regulations (Regulations on appointments) 154

APPENDIX 38 Resolution Res(2002)57
(item 11.5) amending Articles 1 and 12 of Appendix IX to the Staff Regulations
(Regulations on part time work) 158

The 818th meeting of the Ministers' Deputies opened on 27 November 2002 at 10.00am under the chairmanship of Mr J. Licari, Deputy for the Minister for Foreign Affairs of Malta.

PRESENT

ALBANIA
Mr S. Caushi
Ms A. Kasa
Ms I. Varfi

ANDORRA
Ms I. Tor Faus
Ms G. Cano

ARMENIA
Mr C. Ter Stepanian
Ms N. Nikolian

AUSTRIA
Mr A. Saupe
Mr G. Locher

AZERBAIJAN
Mr E. Sultanov
Mr F. Guliyev

BELGIUM
Mr C. Ghislain
Mr M. Peetermans

BOSNIA AND HERZEGOVINA
Mr I. Gaon
Mr N Djukic

BULGARIA
Mr Y. Sterk
Mr O. Champoev
Ms S. Alexova-Borissova

CROATIA
Mr N. Madey
Ms D. Plejić-Marković
Ms J. Dervis

CYPRUS
Mr N. Emiliou
Mr A. Kouzoupis

CZECH REPUBLIC
Mr M. Bouček
Ms V. Stromsikova

DENMARK
Mr N.J. Nehring
Mr H. Svoldgaard

ESTONIA
Mr A. Frosch
Ms P. Pumm

FINLAND
Ms AM. Nyroos
Mr P. Voutilainen

FRANCE
Mr G. Chouraqui
Mr J.F Charpentier
Mr P. Merlin
Mr M. Adam

GEORGIA
Ms L. Gogoberidze
Mr G. Kadjaia
Mr Z. Katchkatchishvili
Mr P. Matchavariani

GERMANY
Mr R. Wegener
Ms C. Gläser
Mr C. Blosen

GREECE
Mr A. Theodoracopoulos
Mr C. Manessis
Ms O. Kliamaki

HUNGARY
Mr Z. Taubner
Ms J. József
Ms Z. Binczki

ICELAND
Mr H. Bjarnason

IRELAND
Ms O. McBreen

ITALY
Mr R. Cianfarani
Mr N. Tassoni Estense di Castelvecchio

LATVIA
Mr G. Andrejevs
Mr J. Mazeiks

LIECHTENSTEIN
Mr D. Ospelt

LITHUANIA
Mr R. Bernotas
Ms G. Skripkaite
Ms D. Mickeviciene

LUXEMBOURG
Ms. B. Kirsch
Ms. A. Kayser

MALTA
Mr J. Licari, Chairman
Ms E. Cutajar
Ms J. Mercieca

MOLDOVA
Mr V. Gordas, Vice-Chairman
Ms E. Radvan

NETHERLANDS
Mr C. Meeuwis
Ms M. Jongman

NORWAY
Mr T. Aalbu
Ms M. Walberg

POLAND
Mr K. Kocel
Mr J. Wieczorek

PORTUGAL
Mr P. Castilho
Mr P.M. Santos Pessoa e Costa
Mr A. Figueira

ROMANIA
Mr G. Magheru
Mr D. Tanase
Ms C. Jelescu
Ms R. Iftimie
Mr R. Rotundu
Mr A. Pacuretu
Ms M. Manailescu

RUSSIAN FEDERATION
Mr V. Pospelov
Mr V. Lebedenko
Mr M. Nefedov

SAN MARINO
Mr D. Beleffi

SLOVAK REPUBLIC
Ms A. Lamperova
Mr M. Estok
Ms E. Krššáková
Mr J. Kubla

SLOVENIA
Ms D Lavtižar Bebler
Ms M. Mrak Thorne

SPAIN
Mr G. Kirkpatrick
Mr E Pérez de Agreda

SWEDEN
Mr M. Ǻberg
Ms A. Matejovsky

SWITZERLAND
Mr J.C. Joseph
Mr S. Winkler

"THE FORMER
YUGOSLAV REPUBLIC
OF MACEDONIA"
Mr Z. Jankuloski

TURKEY
Mr N. Hazar
Ms K. Kiliç
Ms N. Bayraktar
M. C. Öztas
Mr E. Ozan

UKRAINE
Ms S. Stanik
Mr O. Aleksandrovych
Ms N. Shakuro

UNITED KINGDOM
Mr A. Carter
Mr T. Robins

*

* *
EUROPEAN
COMMISSION

-

*

* *

Item 1.1

Adoption of the Agenda

Decisions

The Deputies

1. agreed to add the following item to the draft agenda of their 818th meeting:

2. taking into account decision 1 above, adopted the agenda of their 818th meeting as it appears at Appendix 1 to the present volume of Decisions.

Item 1.3

Communication from the Secretary General
(SG/Com(2002)818)

Decision

The Deputies took note of the communication by the Secretary General and the Deputy Secretary General, as it appears in document SG/Com(2002)818.

Item 3.1

Standing Committee (Malta, 18 November 2002)
Texts adopted
(2002 Session (Provisional compendium of texts adopted))

Decisions

The Deputies

1. concerning Opinion No. 241 (2002) on the draft additional protocol to the Criminal Law Convention on Corruption

a. took note of this opinion;

b. agreed to take account of it when examining the Protocol in question at one of their forthcoming meetings;

***

2. concerning Recommendation 1583 (2002) on the prevention of recidivism in crimes against minors

a. decided to bring it to the attention of their governments;

b. decided to communicate it to the European Committee on Crime Problems (CDPC) for possible comments by 31 January 2003;

c. invited their Rapporteur Group on Legal Co-operation (GR-J) to prepare a draft reply for adoption at one of their forthcoming meetings;

***

3. concerning Recommendation 1584 (2002) on the need for intensified international co-operation to neutralise funds for terrorist purposes

a. decided to bring it to the attention of their governments;

b. decided to communicate it to their Multidisciplinary Group on Terrorism (GMT) and to the Select Committee of Experts on the Evaluation of Anti-Money-Laundering Measures / MONEYVAL (PC-R-EV) for possible comments by 31 January 2003;

c. invited their Rapporteur Group on Legal Co-operation (GR-J) to prepare a draft reply for adoption at one of their forthcoming meetings;

***

4. concerning Recommendation 1585 (2002) on Youth policies in the Council of Europe

a. decided to bring it to the attention of their governments;

b. decided to communicate it to the European Steering Committee for Youth (CDEJ) and to the Advisory Council on Youth Questions for possible comments by 30 March 2003, and so that they can bear it in mind for future programme activities;
c. invited their Rapporteur Group on Education, Culture, Sport, Youth and Environment (GR-C) to prepare a draft reply for adoption at one of their forthcoming meetings;

***

5. concerning Recommendation 1586 (2002) on the digital divide and education

a. decided to bring it to the attention of their governments;

b. decided to communicate it to the Steering Committee on the Mass Media (CDMM), the Steering Committee for Higher Education and Research (CD-ESR) and the Steering Committee for Education (CD-ED) for possible comments by 15 February 2003, and so that they can bear it in mind for future programme activities;

c. invited their Rapporteur Group on Education, Culture, Sport, Youth and Environment (GR-C) to prepare a draft reply for adoption at one of their forthcoming meetings;

***

6. concerning Recommendation 1587 (2002) on residence, legal status and freedom of movement of migrant workers in Europe: lessons from the case of Portugal

a. decided to bring it to the attention of their governments;

b. invited their Rapporteur Group on Social and Health Questions (GR-SOC) to prepare a draft reply for adoption at one of their forthcoming meetings, as well as to consider the advisability and terms of possible terms of reference to the European Committee on Migration (CDMG) or other bodies;

***

7. took note of the following resolutions:

Resolution 1308 (2002) Restrictions on political parties in the Council of Europe member states

Resolution 1309 (2002) Freedom of religion and religious minorities in France

Resolution 1310 (2002) Maternity in Europe: improving social and health conditions

Resolution 1311 (2002) Functional food: serving the interests of the consumer or the food industry?

***

8. adopted the following reply to the texts adopted by the Standing Committee of the Parliamentary Assembly at its meeting of 18 November 2002:

“The Committee of Ministers took note of Opinion 241, Recommendations 1583 to 1587, and Resolutions 1308 to 1311 adopted by the Standing Committee of the Parliamentary Assembly at its meeting of 18 November 2002.

The Committee of Ministers brought Recommendations 1583 to 1587 (2002) to the attention of the governments of member states. It entrusted these recommendations to the competent organs and/or committees of experts for comments or examination. It will continue examining these texts with a view to the early adoption of replies.”

Item 4.2

European Commission against Racism and Intolerance (ECRI)
Renewal of the composition of ECRI in accordance with the provisions of its new Statute

Decision

The Deputies invited their Rapporteur Group on Human Rights (GR-H) to examine the curricula vitae contained in document DGII(2002)009 together with any which may be received in the meantime, and to draw up draft decisions for consideration by the Deputies at their 822nd meeting (18 December 2002).

Item 11.1
Part 1

COUNCIL OF EUROPE BUDGETS
Financial Year 2003

Ordinary Budget, Subsidiary Budgets - Services, Subsidiary Budget of the European Youth Centres, Subsidiary Budget for Publications, Programme of Activities and adjustment of the scale of contributions of member states to the budgets of the Council of Europe
(CM(2002)105, 127 Vol. I and Corrigendum, 165 and 166 Revised and CM/Del/Dec(2002)805/2.3)

Decisions

The Deputies

1. adopted Resolution Res(2002)27 fixing the scale of contributions to the Ordinary Budget and to the Budget of the European Youth Foundation, with effect from 1 January 2003, as it appears at Appendix 2 to the present volume of Decisions, and fixed, as follows, the rates of contribution to the special accounts for cultural and sports activities for 2003 of non-member states parties to the European Cultural Convention:

- Belarus 0.3153%
- Monaco 0.0384%
- The Federal Republic of Yugoslavia 0.3358%

2. approved the amounts for the rates of the various retainers, honoraria and daily allowances with effect from 1 January 2003, as they appear at Appendix 3 to the present volume of Decisions;

3. fixed, as follows, with effect from 1 January 2003, the rates of the annual representational allowances for specially appointed officials:

- Secretary General € 20 708

- Deputy Secretary General and Secretary General of the Assembly
having the rank of Deputy Secretary General € 8 442

4. fixed, with effect from 1 January 2003, the rate of monthly allowance paid to Council of Europe trainees at € 686;

5. fixed, as follows, with effect from 1 January 2003, registration fees for the activities of the European Youth Centres:

- Long sessions € 55
- Symposia or conferences € 30
- Study sessions € 45
- Language training courses € 200

6. authorised the Secretary General to make vote to vote transfers of appropriations when the requirement for such transfers arose from the redeployment of permanent posts effected by the Secretary General under the powers conferred on him by Resolution (81) 6 and to make vote to vote transfers of appropriations between the various heads covering staff expenditure, to deal with any budgetary problems arising from the charging of staff expenditure to a variety of sub-heads of the budget;

7. authorised the Secretary General to divide between the various votes of the budget the amounts entered under Sub-heads:

- 0109-0000165 – Official Hospitality;
- 1601-6000013 – Provision for placement for national civil servants on secondments;
- 1601-6000013 – Provision for official journeys;

8. decided, in accordance with their decision of principle taken at the 805th meeting (CM/Del/Dec(2002)805/2.3), that any surplus of the 2003 Ordinary Budget would be used to offset, in the 2005 financial year, expenditure under the 2003-2005 Programme for the enhancement of the resources of the European Court of Human Rights and other departments involved in the execution of judgments of the Court;

9. approved the changes to the establishment table as they appear at Appendix 4 to the present volume of decisions;

10. approved the establishment table of permanent posts as it appears at Appendix 5 to the present volume of decisions;

11. approved the organisation chart with effect from 1 January 2003 as it appears at Appendix 6 to the present volume of Decisions;

12. adopted Resolution Res(2002)28 approving the Ordinary Budget for the 2003 financial year, as it appears at Appendix 7 to the present volume of Decisions;

13. approved the Investment Programme for 2003 as it appears at Appendix III of CM(2002)127 Vol. I for a total of € 3 856 800;

14. authorised the Secretary General to finance the part of the 2003 Investment Programme not covered by budget appropriations by use of the surplus cash balances of the Organisation and to this end authorised the Secretary General to charge payments in respect of the 2003 approved Investment Programme, up to a maximum of € 666 800, to a balance sheet account entitled "Deferred charge - 2003 Investment Programme", it being understood that the definitive financing of this expenditure will be provided by means of budgetary appropriations in future budgets;

15. authorised the Secretary General to carry out transfers from Head 0602 (Directorate of Logistics) and from Head 0605 (Information Technology Department) to Sub-head 0801-0000371 - Grant to the special account “Investments”;

16. gave permission to hold outside Strasbourg the meetings detailed at Appendix 8 to the present volume of decisions and to make the appropriate Secretariat services available to them, on the understanding that the host countries meet additional costs incurred by holding the meetings away from the Council of Europe's headquarters;

17. took note of the indicative breakdown of appropriations for co-operation activities in 2003, by main objective and country as detailed in the table at Appendix 9 to the present volume of decisions;

18. approved the Programme of Activities for 2003 as set out in document CM(2002)105 and accordingly adopted Resolution Res(2002)29 as it appears at Appendix 10 to the present volume of Decisions;

19. authorised the transfer of an amount of € 70 000 from the 2002 provision for field programmes, Sub-head 1601-6004900, to the special account “European Court of Human Rights” for the work of the CDDH;

20. invited its Rapporteur Group on Education, Culture, Sport, Youth and Environment (GR-C) to consider, in light of the proposals of the Secretary General, the follow up to be given to the question of additional funding for CEMAT activities.

Item 11.1
Part 2

COUNCIL OF EUROPE BUDGETS
Financial Year 2003

Extraordinary Budget relating to buildings expenditure
and adjustment of the scale of contributions of member states to the Budgets of the Council of Europe
(CM(2002)127 Vol. I, 165 and 166 Revised)

Decisions

The Deputies

1. adopted Resolution Res(2002)30 fixing the scale of contributions to the Extraordinary Budget, with effect from 1 January 2003 as it appears at Appendix 11 to the present volume of Decisions;

2. approved the Extraordinary Budget for 2003 and, consequently, adopted Resolution Res(2002)31, as it appears at Appendix 12 to the present volume of Decisions.

Item 11.1
Part 3

COUNCIL OF EUROPE BUDGETS
Financial Year 2003

Pensions Budget
and adjustment of the scale of contributions of member states to the Budgets of the Council of Europe
(CM(2002)127 Vol. I, 165, 166 Revised and 166 Revised Addendum)

Decisions

The Deputies

1. adopted Resolution Res(2002)32 fixing the scale of contributions to the Pensions Budget, with effect from 1 January 2003 as it appears at Appendix 13 to the present volume of Decisions;

2. approved the Pensions Budget for 2003 and, consequently, adopted Resolution Res(2002)33, as it appears at Appendix 14 to the present volume of Decisions.

Item 11.1
Part 4

COUNCIL OF EUROPE BUDGETS
Financial Year 2003

Budget of the European Youth Foundation
and adjustment of the scale of contributions of member states to the Budgets of the Council of Europe
(CM(2002)127 Vol. I, 165 and 166 Revised)

Decision

The Deputies approved the Budget of the European Youth Foundation for 2003 and, consequently, adopted Resolution Res(2002)34, as it appears at Appendix 15 to the present volume of Decisions.

Item 11.1
Part 5

BUDGETS OF THE COUNCIL OF EUROPE
Financial Year 2003

Budget of the Partial Agreement in the Social and Public Health Field
and adjustment of the scale of contributions of member states to the budgets of the Council of Europe
(CM(2002)139, 166 Revised and 127 Vol. II and Addendum)

Decisions

The Deputies, in their composition restricted to Representatives of the States members of the Partial Agreement in the Social and Public Health Field ¹ ,

1. approved the scale of contributions for 2003 and consequently adopted Resolution Res(2002)35 as it appears at Appendix 16 to the present volume of Decisions;

2. approved the 2003 budget for this Partial Agreement and consequently adopted Resolution Res(2002)36 as it appears at Appendix 17 to the present volume of Decisions.

Item 11.1
Part 6

BUDGETS OF THE COUNCIL OF EUROPE
Financial Year 2003

Budget of the European Pharmacopoeia and Subsidiary budgets
and adjustment of the scale of contributions of member states to the budgets of the Council of Europe
(CM(2002)139, 166 Revised and 127 Vol. II and Addendum)

Decisions

The Deputies, in their composition restricted to Representatives of the States Parties to the Convention on the Elaboration of a European Pharmacopoeia ¹ ,

1. approved the scale of contributions for 2003 and consequently adopted Resolution Res(2002)37 as it appears at Appendix 18 to the present volume of Decisions;

2. approved, with effect from 1 January 2003, the creation of seven A2/3, one B5, one B4, two B3 and two B2 posts;

3. approved the 2003 budget for this Partial Agreement and consequently adopted Resolution Res(2002)38 as it appears at Appendix 19 to the present volume of Decisions.

Item 11.1
Part 7

BUDGETS OF THE COUNCIL OF EUROPE
Financial Year 2003

Budget of the Partial Agreement on the Council of Europe Development Bank
and adjustment of the scale of contributions of member states to the budgets of the Council of Europe
(CM(2002)139, 166 Revised and 127 Vol. II and Addendum)

Decisions

The Deputies, in their composition restricted to Representatives of the States members of the Council of Europe Development Bank ¹ ,

1. approved the scale of contributions for 2003 and consequently adopted Resolution Res(2002)39 as it appears at Appendix 20 to the present volume of Decisions;

2. approved the 2003 budget for this Partial Agreement and consequently adopted Resolution Res(2002)40 as it appears at Appendix 21 to the present volume of Decisions.

Item 11.1
Part 8

BUDGETS OF THE COUNCIL OF EUROPE
Financial Year 2003

Budget of the Partial Agreement on the Co-operation Group
to combat drug abuse and illicit trafficking in drugs (Pompidou Group)
and adjustment of the scale of contributions of member states
to the budgets of the Council of Europe
(CM(2002)139, 166 Revised and 127 Vol. II and Addendum)

Decisions

The Deputies, in their composition restricted to Representatives of the States members of the Partial Agreement on the Co-operation Group to combat drug abuse and illicit trafficking in drugs (Pompidou Group) ¹ ,

1. approved the scale of contributions for 2003 and consequently adopted Resolution Res(2002)41 as it appears at Appendix 22 to the present volume of Decisions;

2. approved the 2003 budget for this Partial Agreement and consequently adopted Resolution Res(2002)42 as it appears at Appendix 23 to the present volume of Decisions.

Item 11.1
Part 9

BUDGETS OF THE COUNCIL OF EUROPE
Financial Year 2003

Budget of the Partial Agreement on the Co-operation Group for the prevention of, protection against, and organisation of relief in major natural and technological disasters
and adjustment of the scale of contributions of member states to the budgets of the Council of Europe
(CM(2002)139, 166 Revised and 127 Vol. II and Addendum)

Decisions

The Deputies, in their composition restricted to Representatives of the States members of the Partial Agreement on the co-operation group for the prevention of, protection against, and organisation of relief in major natural and technological disasters ¹ ,

1. approved the scale of contributions for 2003 and consequently adopted Resolution Res(2002)43 as it appears at Appendix 24 to the present volume of Decisions;

2. approved the 2003 budget for this Partial Agreement and consequently adopted Resolution Res(2002)44 as it appears at Appendix 25 to the present volume of Decisions.

Item 11.1
Part 10

BUDGETS OF THE COUNCIL OF EUROPE
Financial Year 2003

Budget of the Partial Agreement on the European Support Fund for the co-production and distribution of creative cinematographic and audio-visual works "Eurimages"
(CM(2002)139, 127 Vol. II and Addendum)

Decisions

The Deputies, in their composition restricted to Representatives of the States members of the Partial Agreement on the European Support Fund for the co-production and distribution of creative cinematographic and audio-visual works "Eurimages" ¹ ,

1. approved, with effect from 1 January 2003, the creation of one B3 post;

2. approved the 2003 budget for this Partial Agreement and adopted Resolution Res(2002)45 as it appears at Appendix 26 to the present volume of Decisions.

Item 11.1
Part 11

BUDGETS OF THE COUNCIL OF EUROPE
Financial Year 2003

Budget of the Enlarged Agreement on the European Commission for Democracy through Law
and adjustment of the scale of contributions of member states to the budgets of the Council of Europe
(CM(2002)139, 166 Revised and 127 Vol. II and Addendum)

Decisions

The Deputies

1. approved the scale of contributions for 2003 and consequently adopted Resolution Res(2002)46 as it appears at Appendix 27 to the present volume of Decisions;

2. approved, with effect from 1 January 2003, a rate of daily subsistence allowance of € 162 for:

- consultants, personalities and delegations from central and eastern European countries attending meetings held at the seat of the Commission in Venice and whose expenses are charged to Sub-head 0000169 of the Budget of the Partial Agreement,

- members of the Commission on official journeys acting as rapporteurs at the request of the Commission and whose expenses are charged to Sub-head 0000169 of the Budget of the Partial Agreement;

3. approved, with effect from 1 January 2003, a rate of daily allowance of € 222 for work at home for members of the European Commission for Democracy through Law;

4. approved the 2003 budget for this Partial Agreement and consequently adopted Resolution Res(2002)47 as it appears at Appendix 28 to the present volume of Decisions.

Item 11.1
Part 12

BUDGETS OF THE COUNCIL OF EUROPE
Financial Year 2003

Budget of the Partial Agreement on the Youth Card
and adjustment of the scale of contributions of member states to the budgets of the Council of Europe
(CM(2002)139, 166 Revised and 127 Vol. II and Addendum)

Decisions

The Deputies, in their composition restricted to Representatives of the States members of the Partial Agreement on the Youth Card ¹ ,

1. approved the scale of contributions for 2003 and consequently adopted Resolution Res(2002)48 as it appears at Appendix 29 to the present volume of Decisions;

2. approved the 2003 budget for this Partial Agreement and consequently adopted Resolution Res(2002)49 as it appears at Appendix 30 to the present volume of Decisions.

Item 11.1
Part 13

BUDGETS OF THE COUNCIL OF EUROPE
Financial Year 2003

Budget of the enlarged Partial Agreement on the European Centre for Modern Languages (Graz)
and adjustment of the scale of contributions of member states to the budgets of the Council of Europe
(CM(2002)139, 166 Revised and 127 Vol. II and Addendum)

Decisions

The Deputies, in their composition restricted to Representatives of the States members of the Enlarged Partial Agreement on the European Centre for Modern Languages (Graz) ¹ ,

1. approved the scale of contributions for 2003 and consequently adopted Resolution Res(2002)50 as it appears at Appendix 31 to the present volume of Decisions;

2. approved, with effect from 1 January 2003, the creation of one B2 post;

3. approved the budget and the subsidiary budget of this Partial Agreement for 2003 and consequently adopted Resolution Res(2002)51 as it appears at Appendix 32 to the present volume of Decisions.

Item 11.2

Co-ordinating Committee on Remuneration (CCR)
Remuneration of the Staff of the Co-ordinated Organisations: General Review -
139th report – Report by the CCR Chairman
(CM(2002)138, GR-AB(2002)20, CB10 and CB11)

Decisions

The Deputies

1. took note of the letter of the Chairman of the Co-ordinating Committee on Remunerations (CCR) to the Councils of the Co-ordinated Organisations dated 12 July 2002, as well as the 139th Report of the CCR concerning the remuneration of the Staff of the Co-ordinated Organisations: General Review, Report by the CCR Chairman as they appear in CM(2002)138;

2. decided that as from 1 January 2003 the salary adjustment procedure as determined by the 80th Report of the CCR will be replaced by the new salary adjustment method provided for in the Annex to the 139th Report, under the following conditions:

a. Articles 1 to 7 and 9 to 13 are adopted as set out in the Annex to this report, with the result that:

- the principle of private sector studies (Article 10, paragraph 4) is maintained, and
- provision is made for the possible introduction of flexible management of salary scales, to be examined by the CCR after having been submitted to the Committee of Ministers (Article 12);

b. As regards Article 8, in case of exceptional budgetary difficulties, the Committee of Ministers has the right to decide that the annual adjustment recommended by the CCR can be reduced or not awarded at all, or phased in or postponed till later in the calendar year. The Committee of Ministers also maintains the right to implement an adjustment superior to that recommended by the CCR. Any such decision shall be based on a proposal by the Secretary General or the Committee of Ministers and must:

- be based on the justifiable budgetary circumstances,
- respect general legal principles in this domain, especially the principle of proportionality,
- be established openly in consultation with the Staff Committee;

3. invited the Secretary General to examine with the representatives of Secretaries General of the other Co-ordinated Organisations ways to reinforce the system so that it continues to fulfil its role.

Item 11.3

2002 Budgetary Situation
(CM(2002)173)

Decisions

a. Extraordinary Budget

The Deputies

1. took note of the situation relating to the new Press room set out in document CM(2002)173;

2. authorised the Secretary General to ensure its financing by the use of the appropriations under Sub-head 2142-0000219 of the 2002 Extraordinary Budget.

b. Partial Agreement on the Youth Card

The Deputies, in their composition restricted to Representatives of the States members of the Partial Agreement on the Youth Card ¹

1. took note of the information contained in document CM(2002)173;

2. adopted the Resolution Res(2002)52 amending the budget of the Partial Agreement for the 2002 financial year, as it appears at Appendix 33 to the present volume of Decisions.

Item 11.4

Establishment of a Pension Reserve Fund and introduction of a New Pension Scheme for permanent staff members hired on or after 1 January 2003
(GR-AB(2002)19 and CB10)

Decisions

The Deputies

1. agreed to establish a Pension Reserve Fund with effect from 1 January 2003;

2. adopted Resolution Res(2002)53, as it appears at Appendix 34 to the present volume of Decisions, establishing a Pension Reserve Fund and adopting its statute and investment guidelines;

3. decided to pay into the Pension Reserve Fund at the time of its creation those amounts set aside in the suspense account specifically reserved for the financing of the future pension liabilities of the Organisation;

4. noted that in 2003 contributions to the Pension Reserve Fund in respect of member states pension liabilities would include inter alia the transfer of the amounts under Sub-head 0000373 - Contribution to the suspense account specifically reserved for the financing of the future pension liabilities of the Organisation - of the Ordinary and Partial Agreement budgets for 2003;

5. noted that in the framework of the 2004 draft budget the transactions detailed under point 4 above would be integrated in a consolidated call for contributions to the Pension Reserve Fund, replacing the present provisions dispersed between various budgets, it being understood that the amount of contributions member states would be called upon to make would not exceed that calculated in accordance with the present financing arrangements;

6. noted that the annual contributions called from member states to the Pension Reserve Fund as from 2005 will be determined in light of the results of the actuarial study to be carried out in 2004;

7. adopted Resolution Res(2002)54, as it appears at Appendix 35 to the present volume of Decisions modifying Article 43 of the Staff Regulations and providing for a new Appendix V bis, establishing the Regulations on the New Pension Scheme;

8. decided that the new pension scheme would apply to all permanent staff members recruited on or after 1 January 2003 with the exception of those staff members recruited on or after that date, under the special procedures provided for under Resolution Res(2002) 4, adopted at their 786th meeting and further specified in Rule No.1095 for the integration as permanent staff members of long-serving temporary staff members.

Item 11.5

Amendments to the Staff Regulations in connection with the New Staff Policy
(CM(2002)134 et Corrigendum/Addendum, GR-AB(2002)22 et CB10)

Decisions

The Deputies

1. adopted the following Resolutions:

- Resolution Res(2002)55 amending Article 6 of Appendix I to the Staff Regulations (Regulations on staff participation) as it appears at Appendix 36 to the present volume of Decisions;

- Resolution Res(2002)56 amending Articles 6, 7, 8, 12, 18 and 26 of Appendix II to the Staff Regulations (Regulations on Appointments) as it appears at Appendix 37 to the present volume of Decisions;

- Resolution Res(2002)57 amending Articles 1 and 12 of Appendix IX to the Staff Regulations (Regulations on part time work) as it appears at Appendix 38 to the present volume of Decisions;

2. decided that the above-mentioned provisions shall come into force on the day of their adoption and instructed the Secretary General to bring the relevant statutory changes to the notice of Council of Europe staff.

Appendix 1
(Item 1.1)

818 (Budget) Meeting of the Ministers’ Deputies
Strasbourg, 27 November 2002 (10.00 am)

Agenda

	11. Administration and logistics
	11.1	Council of Europe Budgets – Financial Year 2003 - Draft Budgets and Programme of Activities General Budget and Budgets of the Partial Agreements Part 1 Ordinary Budget, Subsidiary Budgets – Services, Subsidiary Budget of the European Youth centres and Subsidiary Budget for Publications – Draft Programme of Activities Part 2 Extraordinary Budget Part 3 Pensions Budget Part 4 Budget of the European Youth Foundation Part 5 Budget of the Partial Agreement in the Social and Public Health Field Part 6 Budget of the European Pharmacopoeia and Subsidiary budgets – Biological Standardisation Programme – Publications, Development, Certification and Conferences Part 7 Budget of the Partial Agreement on the Council of Europe Development Bank Part 8 Budget of the Partial Agreement on the Co-operation Group to combat drug abuse and illicit trafficking in drugs (Pompidou Group)
		Part 9 Budget of the Partial Agreement on the Co-operation Group for the prevention of, protection against, and organisation of relief in major natural and technological disasters Part 10 Budget of the Partial Agreement on the European Support Fund for the co-production and distribution of creative cinematographic and audio-visual works “Eurimages” Part 11 Budget of the Enlarged Agreement on the European Commission for Democracy through Law Part 12 Budget of the Partial Agreement on the Youth Card Part 13 Budget of the Enlarged Partial Agreement on the European Centre for Modern Languages (Item prepared by the GR-AB) (See reference documents in Appendix) (CM/Notes/818/11.1 of 22.11.2002)
	11.2	Co-ordinating Committee on Remuneration (CCR) – Remuneration of the Staff of the Co-ordinated Organisations: General Review – 139th report – Report by the CCR Chairman (Item prepared by the GR-AB) (CM(2002)138, GR-AB(2002)20, GR-AB(2002)CB10 and GR-AB(2002)CB11) (CM/Notes/818/11.2 of 22.11.2002)

	11.3	2002 Budgetary situation (Item prepared by the GR-AB) (CM(2002)165, CM(2002)173 of 14.11.2002, GR-AB(2002)CB11) (CM/Notes/818/11.3 of 22.11.2002)
	11.4	Establishment of a Pension Reserve Fund and introduction of a New Pension Scheme for permanent staff members hired on or after 1 January 2003 (Item prepared by the GR-AB) (GR-AB(2002)19 and GR-AB(2002)CB10) (CM/Notes/818/11.4 of 22.11.2002)
	11.5	Amendments to the Staff Regulations in connection with the New Staff Policy (Item prepared by the GR-AB) (CM(2002)134 and Corrigendum/Addendum, GR-AB(2002)22 and CB10) (CM/Notes/818/11.5 of 22.11.2002)
	13. Any other business

APPENDIX

Appendix 2
(item 11.1, part 1)

Resolution Res(2002)27
on the adjustment of the scale of contributions to the Council of Europe Ordinary Budget
and Budget of the European Youth Foundation
with effect from 1 January 2003

(Adopted by the Committee of Ministers on 27 November 2002
at the 818th meeting of the Ministers' Deputies)

The Committee of Ministers, under the terms of Article 38 of the Statute of the Council of Europe,

Having regard to Resolution (94) 31;

Having regard to the Secretariat's proposals set out in document CM(2002)166 Revised,

Resolves as follows:

The scale of contributions by member states to the Ordinary Budget and Budget of the European Youth Foundation as appended to this Resolution is adopted with effect from 1 January 2003.

Appendix to Resolution Res(2002)27


Appendix 3
(item 11.1, part 1)

RATES OF VARIOUS RETAINERS, HONORARIA AND ALLOWANCES FOR 2003

Rates of daily allowances

a. Experts and other persons: € 162

for member states' representatives on committees of experts; members of the governing bodies of the European Youth Centre and the European Youth Foundation, the Board of Auditors and its three assistants, the Budget Committee; consultants; co-ordinated fellowship holders and recipients of technical assistance under the prison staff exchange scheme.

b. Journalists invited to Strasbourg: € 114

c. Members of the Parliamentary Assembly and Ministers' Deputies, Judges and ad hoc Judges of the European Court of Human Rights and Commissioner for Human Rights on official journeys:

€ 250

d. Members of the organs of the Congress of Local and Regional Authorities of Europe:

€ 162 for meetings except liaison meetings outside Strasbourg
€ 250 for liaison meetings outside Strasbourg

e. Members of the European Committee for Social Rights, Members of the Administrative Tribunal, Data Protection Commissioner, Members of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, Experts assisting members of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, Members of the Committee of experts of the European Charter for Regional or Minority languages, Members of the European Commission against Racism and Intolerance, Members and additional members of the advisory Committee on the Framework Convention for the protection of national Minorities:

€ 298 while on duty
€ 135 while working at home

Annual retainers of the members of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment

European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment:

- Members (including President and Vice-President) € 28 389

Fees

a. Fees of ad hoc judges:

1/365^th of the annual emoluments of a judge of the Court per day i.e. € 487 per day (see Sub-head 0401-0000009).

b. Fees of the experts assisting the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment:

a maximum of € 2 379 per visit not exceeding one week and € 4 758 per visit not exceeding two weeks, the fee for visits lasting between one and two weeks being fixed pro rata.

c. Annual honorarium payable to the members of the Board of Auditors: € 1 649 per year

CHANGES TO THE ESTABLISHMENT TABLE

Appendix 4
(item 11.1, part 1)



ESTABLISHMENT TABLE BY DIRECTORATE AND DEPARTMENT
Provisional draft for 1-1-2003 (as of 24-9-2002)

Appendix 6
(item 11.1, part 1)

Appendix 7
(item 11.1, part 1)

Resolution Res(2002)28
concerning the Ordinary Budget for 2003

(Adopted by the Committee of Ministers on 27 November 2002
at the 818th meeting of the Ministers' Deputies)

The Committee of Ministers, under the terms of Article 16 of the Statute of the Council of Europe,

Having regard to Article 38 (b) and (c) of the said Statute;

Having regard to Articles 3, 6, 8, 9, 10, 20, 22, 23 and 28 of the Financial Regulations;

Having regard to Resolution Res(2002)27 of 27 November 2002 fixing the scale of contributions of member states to the Ordinary Budget of the Council of Europe for 2003;

Having regard to the Parliamentary Assembly Opinion No. 237 (2002) on its expenditure for the financial year 2003;

Having regard to the draft Ordinary Budget and draft Subsidiary Budget of the European Youth Centres, the draft Subsidiary Budgets: Services and the draft Budget for Publications for 2003 as submitted by the Secretary General (documents CM(2002)127, Vol. I, Part 1 and CM(2002)127, Vol. I Corrigendum);

Having regard to the report of the Budget Committee dated 30 October 2002 (document CM(2002)165),

Resolves as follows:

1. Approval is hereby given to the Ordinary Budget of expenditure and receipts for 2003, divided into votes, heads and sub-heads, according to Table A appended hereto totalling € 175 490 000, this amount to be financed by member states contributions, apportioned among member states according to Table B appended hereto.

2. Approval is hereby given within the framework of the Ordinary Budget, according to Table C - D - E appended hereto, to the authorisations of expenditure and receipts totalling € 17 553 500 which constitute the Subsidiary budgets: Services for 2002, it being understood that the total of the budgets of receipts shall be a function of actual receipts; the budgets of expenditure and receipts will be adjusted accordingly in the course of the financial year.

3. Approval is hereby given within the framework of the Ordinary Budget, according to Table F appended hereto, to the authorisations of expenditure and receipts totalling € 3 648 400 which constitute the Subsidiary Budget of the European Youth Centres for 2003. As total receipts shall be a function of actual receipts, the budgets of expenditure and receipts will be adjusted accordingly during the course of the financial year.

4. Approval is hereby given within the framework of the Ordinary Budget, according to Table G appended hereto, to the authorisations of expenditure and receipts totalling € 480 240 which constitute the Subsidiary Budget for Publications for 2003.

Appendix to Resolution Res(2002)28

































C. SERVICE BUDGET - TRANSLATION



D. SERVICE BUDGET - INTERPRETATION



E. SERVICE BUDGET - DOCUMENTS



F. SUBSIDIARY BUDGET OF THE EUROPEAN YOUTH CENTRES



G. SUBSIDIARY BUDGET FOR PUBLICATIONS



Appendix 8
(item 11.1, part 1)

LIST OF MEETINGS OUTSIDE STRASBOURG IN 2003

The Programme of Activities for 2003 provides for the following intergovernmental experts’ meetings outside Strasbourg for which the Committee of Ministers is invited to give the necessary authorization when adopting the Programme.

Objective 1: To protect and promote respect for Human Rights in all member states on a non-discriminatory basis

Programme 1.a: Human Rights: Protection, Promotion and Prevention

2 meetings of the Bureau of the Steering Committee for Human Rights (CDDH-BU), Paris

Programme 1.b: Human Rights and Democratic practices on a daily basis

- Advisory Panel on media diversity (AP-MD), Salzburg
- Equality Ministerial Conference, Skopje

Programme 1.c: Respect for Human Rights as a sine qua non for democratic stability: equality, non-discrimination and diversity

Group of Specialists on on-line services and democracy (MM-S-OD), Estonia

Objective 2: To promote and develop democratic institutions and procedures at national, regional and local level

Programme 2.b: The legal framework and organisation of the democratic state at all levels

Committee of Legal Advisers on Public International Law (CAHDI), Switzerland

Objective 3: To ensure the observance of the rule of law

Programme 3.b: Improving the independence and the functioning of justice

- Bureau of the European Committee on Legal Co-operation (CDCJ-BU), Sofia (This meeting will take place during the Ministers of Justice Conference)

Programme 3.c: The rule of Law and Public Safety: preventing crime, combating crime, establishing standards for law enforcement

Conference on Terrorism, Greece

Programme 3.d: The scientific revolution and the legal protection of the human being

- 2 meetings of the Drafting Group of Convention STE 123, Paris
- Bureau of the Standing committee of the European Convention for the protection of animals kept for farming purposes (T-AP – BU), Paris

Objective 4: To promote a European cultural identity with awareness of the cultural diversity of Europe and its heritage, with special emphasis on education

Programme 4.a: Creating a European area for the enhancement of the cultural and natural heritage, inter-cultural dialogue and environmental improvement

- Working meeting with ERICarts/Compendium, Bonn
- 2nd conference on Cultural policies for cities, place to be determined
- 3 meetings on Cultural entrepreneurship and cultural diversity: 2 in Sofia and 1 in the UK
- 2 meetings on Cultural policy and cultural diversity, Bucharest and Brussels
- Preparatory meeting and 2nd Ministerial Colloquy on "the new role and new responsibilities of the Ministers of Culture in initiating intercultural dialogue, with due regard for cultural diversity", Zagreb
- International Symposium aimed at analysing the relationship between the North and South Mediterranean in terms of politics, economics, social, cultural and religious connections, Genoa
- Expert colloquy "peace enclaves", place to de determined
- Expert colloquy "shared cities", place to de determined
- International Seminar "Intercultural practices and diversity", Brussels
- Meeting on Tourism and local development, St. Petersburg
- 6th Delphi Encounter, Delphi
- Launching of the European Heritage Days, Ireland
- Preparatory meeting and final conference on awareness-raising, place to be determined
- HEREIN network, 1 annual meeting, (Cyprus) and two meetings of the new States, place to be determined
- Conference on marine and coastal biodiversity, in co-ordination with the meetings of the Emerald Network Group and the Committee of Experts for the development of the Pan-European Ecological Network, place to be determined
- Workshop on large carnivore conservation in the Carpathians, Brasov, Romania
- Committee responsible for the activities of the Council of Europe in the field of biological and landscape diversity, CO-DBP, (Geneva, Switzerland) and Council for the Pan-European Biological and Landscape Diversity Strategy, STRA-CO, Geneva, Switzerland
- Bern Convention Group of Experts on conservation of invertebrates, Cardiff, UK
- Seminar on the European Diploma of Protected Areas, Hardegg, Austria
- Preparatory Meeting of the Workshops for the implementation of the European Landscape Convention, Bern
- 3rd Meeting of the Group of Experts on a Draft Agreement on the Sustainable Spatial Development of the Tisza/Tisa River Basin, Budapest, Hungary
- CEMAT Seminar on “Strengthening inter-sectoral relations”, Budapest, Hungary
- 80th Meeting of the CEMAT Committee of Senior Officials, Budapest, Hungary
- Meeting of the Workshops for the implementation of the European Landscape Convention, Paris
- CEMAT Seminar on “Spatial planning and major hazards: floods”, Poland
- 81st Meeting of the CEMAT Committee of Senior Officials, Poland
- 2 Information Seminars on the European Landscape Convention, Bucharest, Romania and Tirana, Albania
- CEMAT Ministerial Conference, Ljubljana, Slovenia

Programme 4.b: Education for Europe: Diversity, mobility and educational policies

- ENIC/NARIC Working Group (jointly with the European Commission and UNESCO), Paris
- CDESR Working Group on the Bologna Process, trade in higher education /GATS/ Education as a public good and/or research policy, 2 seminars, Paris and Geneva
- Working Group on the heritage of European universities, Paris
- European Network of National Information Centres on academic recognition and mobility (ENIC) and NARIC Network of the European Union: ENIC/NARIC, Vaduz
- Lisbon Recognition Convention Committee, Vaduz
- ENIC Bureau/NARIC Advisory Board (jointly with the European Commission and UNESCO), Brussels (2 meetings)
- Lisbon Recognition Convention Committee Bureau (jointly with UNESCO and the ENIC Bureau/NARIC Advisory Board), Brussels
- ENIC/NARIC Working Groups (jointly with the European Commission and UNESCO), Brussels, Bucharest
- Meetings on the heritage of European universities, Spain and/or Romania
- Working Group on “Teaching and Learning in the Communication society, Paris and Athens
- Pan European Conference on “New information technology and the role of teachers in the communication society”, Athens
- Third Forum on Strategies for Educational Reform, Prague
- Standing Conference of European Ministers of Education, 2 meetings, preparatory group for 21^st conference, Athens
- 3^rd Conference of Ministers of Education of South-East Europe, Istanbul
- In-service training programme for educational staff: Training seminars for educational staff: approximately 100 seminars in 30 States party to the European Cultural Convention ; Meeting of national liaison officers, Donaueschingen
- Roma/Gypsy project: Pilot Group meeting place to be decided, 3 Seminars in Austria, Belgium, Romania
- “Teaching and Remembrance”: Pilot Group meeting in Portugal, 3 Seminars, one in Berlin
- Preparatory meeting of the Symposia on "the Year of Revolutions - 1848", Braunschweig, Germany
- Preparatory meeting of the Symposia on "Yalta Conference - 1945", Kyiv or Yalta, Ukraine
- Preparatory meeting of the Symposia on "Paris Peace Conference - 1919", Versailles, France
- Two national dissemination seminars on Education for democratic citizenship and human rights education (EDC), Slovakia and Malta
- Two meetings of EDC co-ordinators, Finland and Switzerland
- 2 co-ordination meetings of programme of language policy, Paris
- Activity on “Language Profiles”, 2 round tables, Budapest, 4 visits in two new countries, place to be determined
- Conference on language policies, London
- European Language Portfolio, two seminars, places to be determined, 1 meeting of the European Validation Committee, (Czech Republic or Russian Federation), 4 expert group meetings, place to be determined
- Seminar on language education policies and migrants, Sweden
- Coordination of the programme: 2 meetings at the European Center for Modern Languages, Graz

Programme 4.d: Sport interacting with the realities of today’s society

- Conference on the role of local and regional authorities in preventing violence at sporting events, in particular football matches in Lisbon (IP conference organised with the CLRAE); and 23^rd meeting of the Standing Committee on the European Convention in Spectator Violence (T-RV) in Lisbon
- Seminar on the involvement of fan clubs in the fight against violence and vandalism in EYC Budapest (IP seminar organised with Youth Sector)
- Anti-Doping Convention: meeting of the Advisory Group on Science (possibly in Croatia or in Portugal)
- Evaluation meeting on the European Sports Charter, Estonia

Objective 5: To promote tolerance social cohesion and social rights

Programme 5a: Social cohesion strategy

- Working Group on children, democracy and participation, outside Strasbourg
- Working Group on children at risk and in care, outside Strasbourg

Programme 5c: Migration and community relations

Committee of Experts on Integration and Community Relations (MG-IN), European Youth Centre, Budapest

Programme 5d: The right to health protection: ensuring equity, safety and quality

- Select Committee of Experts on Quality assurance in blood transfusion services (SP-R-GS), Sheffield
- Meeting of national co-ordinators in the ENHPS (European Network of Health Promoting Schools), outside Strasbourg
- Committee of Experts on the organisational aspects of co-operation in organ transplantation
(SP-CTO), Stockholm



Appendix 10
(item 11.1, part 1)

Resolution Res(2002)29
approving the Programme of Activities for 2003

(Adopted by the Committee of Ministers on 27 November 2002
at the 818th meeting of the Ministers' Deputies)

The Committee of Ministers,

Having regard to the draft Ordinary budget and to the draft Subsidiary budget of the European Youth Centres for 2003 as presented by the Secretary General (document CM(2002)127 Vol. I );

Having regard to the draft Programme of Activities for 2003 as presented by the Secretary General (document CM(2002)105);

Having regard to the report of the Rapporteur on the Programme (RAP-PROG(2002)CB3);

Approves the Programme of Activities for 2003.

Appendix 11
(item 11.1, part 2)

Resolution Res(2002)30
on the adjustment of the scale of contributions to
the Extraordinary Budget
with effect from 1 January 2003

(Adopted by the Committee of Ministers on 27 November 2002
at the 818th meeting of the Ministers' Deputies)

The Committee of Ministers, under the terms of Article 38 of the Statute of the Council of Europe,

Having regard to Resolution (94) 31;

Having regard to Resolution (86) 4 of 23 April 1986 concerning the construction of a new Human Rights Building;

Having regard to the offer of the French Government to contribute 24% of the cost of constructing the building;

Having regard to the offer of the French Government to pay 24% towards the cost of the new general building;

Having regard to the fact that at its 79^th Session it decided that the scale of contributions for the financing of the said construction shall be the normal scale resulting from applying the regulations governing the apportionment of the Organisation's expenditure, amended to take account of the French Government's aforementioned offer;

Having regard to the Secretariat's proposals set out in document CM(2002)166 Revised,

Resolves as follows:

The scale of contributions by member states to the Extraordinary Budget as appended to this resolution is adopted with effect from 1 January 2003.

Appendix to Resolution Res(2002)30


Appendix 12
(item 11.1, part 2)

Resolution Res(2002)31
on the Extraordinary Budget relating to buildings expenditure
2003 Budget

(Adopted by the Committee of Ministers on 27 November 2002
at the 818th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 16 of the Statute of the Council of Europe,

Having regard to Article 38 b and c of the said Statute;

Having regard to Articles 3, 6, 8, 9, 10, 20, 23 and 28 of the Financial Regulations;

Having regard to Article 3 of Resolution (86) 4 of 23 April 1986 and the offer of the government of the host country to contribute 24% of the cost of construction of the new Human Rights Building;

Having regard to Resolution Res(2002)30 of 27 November 2002 fixing the scale of contributions of member states to the Extraordinary Budget of the Council of Europe for 2003;

Having regard to the draft Extraordinary Budget submitted by the Secretary General for 2003 (document CM(2002)127, Vol. I, part 2);

Having regard to the Budget Committee's report of 30 October 2002 (document CM(2002)165),

Resolves as follows:

1. The Extraordinary Budget for 2003, with expenditure and receipts totalling € 4 639 900 as shown in the appended Tables A and B, is hereby approved.

2. The amount to be paid by member states for the financial year 2003 by way of contribution is € 4 639 900.

Appendix to Resolution Res(2002)31




Appendix 13
(item 11.1, part 3)

Resolution Res(2002)32
on the adjustment of the scale of contributions to the Pensions Budget with effect from 1 January 2003

(Adopted by the Committee of Ministers on 27 November 2002,
at the 818th meeting of the Ministers' Deputies)

The Committee of Ministers, under the terms of Article 38 of the Statute of the Council of Europe,

Having regard to Resolution (94) 31;

Having regard to the Secretariat's proposals set out in document CM(2002)166 Revised and CM(2002)166 Revised Addendum,

Resolves as follows:

The scale of contributions by member states to the Pensions Budget as appended to this Resolution is adopted with effect from 1 January 2003.

Appendix to Resolution Res(2002)32



Appendix 14
(item 11.1, part 3)

Resolution Res(2002)33
concerning the Pensions Budget
2003 Budget

(Adopted by the Committee of Ministers on 27 November 2002
at the 818th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 16 of the Statute of the Council of Europe,

Having regard to Article 38 b and c of the said Statute;

Having regard to Articles 3, 6, 8, 9, 10, 19, 20, 23 and 28 of the Financial Regulations;

Having regard to Resolution (77) 11 of 20 April 1977 approving the Pensions Scheme Rules applicable to permanent staff of the Council of Europe, as amended by Resolution (94) 17 of 23 June 1994, as amended by the CM(99)165, item 11.4 of 7-10 December 1999;

Having regard to Resolution Res(2002)32 of 27  November 2002 fixing the scale of contributions of member states to the Pensions Budget of the Council of Europe for 2003;

Having regard to the draft Pensions Budget for 2003 submitted by the Secretary General (document CM(2002)127, Vol. I, Part 3);

Having regard to the Budget Committee's report of 30 October 2002 (document CM(2002)165),

Resolves as follows:

1. The Pensions Budget for 2003, with expenditure and receipts totalling € 25 562 400 divided into heads and sub-heads according to Tables A and B appended hereto, is hereby approved.

2. The amount to be paid by member states by way of their contributions for 2003 comes to € 17 342 600. This amount shall be apportioned among member states according to Table C appended hereto.

Appendix to Resolution Res(2002)33




Appendix 15
(item 11.1, part 4)

Resolution Res(2002)34
concerning the Budget of the European Youth Foundation
2003 Budget

(Adopted by the Committee of Ministers on 27 November 2002
at the 818th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 16 of the Statute of the Council of Europe,

Having regard to Article 38 b and c of the said Statute;

Having regard to Articles 3, 6, 8, 9, 10, 20, 22, 23 and 28 of the Financial Regulations;

Having regard to Articles 6 and 7 of the Statute of the European Youth Foundation;

Having regard to Resolution Res(2002)27 of 27 November 2002 fixing the scale of contributions of member states to the Ordinary Budget of the Council of Europe for 2003;

Having regard to the decision of the Ministers’ Deputies at their 655th meeting (12-13 January 1999), item 11.2, relating to the contributions of the Russian Federation;

Having regard to the recommendations of the Rapporteur Group on Youth (GR-Y(98)25);

Having regard to the draft budget of the European Youth Foundation for 2003 submitted by the Secretary General (document CM(2002)127, Vol. I, part 4);

Having regard to the Budget Committee’s report of 30 October 2002 (document CM(2002)165);

Resolves as follows:

1. The budget of expenditure for 2003, divided into heads and sub-heads according to Table A and the budget of receipts, totalling € 2 861 500 according to Table B appended hereto are hereby approved.

2. The amount to be paid by member states by way of their contributions for 2003 comes to € 2 491 500. This amount shall be apportioned among member states according to Table C appended hereto.

3. In the event of there being a credit balance on the accounts of the European Youth Foundation for 2002 at the close of that financial year, the budget of receipts and of expenditure of the budget for 2003 shall each be adjusted by an amount equal to the 2002 credit balance by means of its transfer to the budget for 2003. Total expenditure shall not exceed total income; the total of the budget of receipts shall be a function of actual receipts; the budget of receipts and the budget of expenditure shall be adjusted accordingly in the course of the year.

Appendix to Resolution Res(2002)34




Appendix 16
(item 11.1, part 5)

Resolution Res(2002)35
on the adjustment of the scale of contributions to
the budget of the Partial Agreement in the Social and Public Health Field
with effect from 1 January 2003

(Adopted by the Committee of Ministers on 27 November 2002
at the 818th meeting of the Ministers' Deputies)

The Committee of Ministers, under the terms of Article 38 of the Statute of the Council of Europe and with membership restricted to the Representatives of the member states of the Partial Agreement in the Social and Public Health Field ¹ ,

Having regard to Resolution (59) 23 of 16 November 1959 establishing a Partial Agreement in the Social and Public Health Field;

Having regard to Resolutions (96) 34 and (96) 35 revising the Partial Agreement in the Social and Public Health Field;

Having regard to Resolution (94) 31;

Having regard to the Secretariat's proposals set out in document CM(2002)166 Revised,

Resolves as follows:

The scale of contributions by member states to the budget of the Partial Agreement in the Social and Public Health Field as appended to this resolution is adopted with effect from 1 January 2003.

Appendix to Resolution Res(2002)35


Appendix 17
(item 11.1, part 5)

Resolution Res(2002)36
on the Partial Agreement in the Social and Public Health Field
2003 Budget

(Adopted by the Committee of Ministers on 27 November 2002
at the 818th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 16 of the Statute of the Council of Europe, and with membership restricted to the Representatives of the member states of the Partial Agreement in the Social and Public Health Field, ¹

Having regard to Resolution (59) 23 of 16 November 1959 establishing a Partial Agreement in the Social and Public Health Field;

Having regard to Articles 19, 21 and 28 of the Financial Regulations;

Having regard to Resolution (96) 34 of 2 October 1996 authorising the states concerned to revise the Partial Agreement in the Social and Public Health Field and Resolution (96) 35 of 2 October 1996 revising the Partial Agreement in the Social and Public Health Field;

Having regard to Resolution Res(2002)35 of 27 November 2002 fixing the scale of contributions of member states to the budget of the Partial Agreement in the Social and Public Health Field with effect from 1 January 2003;

Having regard to the draft budget for 2003 submitted by the Secretary General (document CM(2002)127 Vol. II (part 5) and Addendum);

Having regard to the Budget Committee's report of 14 October 2002 (document CM(2002)139),

Resolves as follows:

1. The budget of expenditure for 2003, totalling € 1 799 100 divided into heads and sub-heads according to Table A and the budget of receipts totalling € 1 799 100 according to Table B appended hereto are hereby approved;

2. Approval is hereby given to the apportionment, among the states which are members of the Partial Agreement in the Social and Public Health Field, of the contributions for 2003, totalling € 1 798 100 according to Table C appended hereto.

Appendix to Resolution Res(2002)36




Appendix 18
(item 11.1, part 6)

Resolution Res(2002)37
on the adjustment of the scale of contributions to
the budget of the European Pharmacopoeia
with effect from 1 January 2003

(Adopted by the Committee of Ministers on 27 November 2002
at the 818th meeting of the Ministers' Deputies)

The Committee of Ministers, under the terms of Article 38 of the Statute of the Council of Europe and with membership restricted to the Representatives of the states parties to the Convention on the Elaboration of a European Pharmacopoeia ¹ ,

Having regard to Resolution (94) 31;

Having regard to the Secretariat's proposals set out in document CM(2002)166 Revised;

Having regard to Article 10, paragraph 3 of the Convention on the Elaboration of a European Pharmacopoeia, as amended by the Protocol thereto of 16 November 1989,

Resolves as follows:

The scale of contributions by member states to the budget of the European Pharmacopoeia as appended to this resolution is adopted with effect from 1 January 2003.

Appendix to Resolution Res(2002)37


Appendix 19
(item 11.1, part 6)

Resolution Res(2002)38
on the European Pharmacopoeia
2003 Budget

(Adopted by the Committee of Ministers on 27 November 2002
at the 818th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 16 of the Statute of the Council of Europe and with membership restricted to the Representatives of the states parties to the Convention on the Elaboration of a European Pharmacopoeia, ¹

Having regard to Articles 4, 19, 21, 22 and 28 of the Financial Regulations;

Having regard to Resolution Res(2002)37 of 27 November 2002 fixing the scale of states' contributions to the budget of the European Pharmacopoeia with effect from 1 January 2003;

Having regard to Article 5, paragraph 1 of Resolution (91) 18 of 17 June 1991, setting up within the framework of the budget of the European Pharmacopoeia a subsidiary budget for the Biological Substances Standardisation Programme;

Having regard to the accession of the European Community to the Convention on the Elaboration of a European Pharmacopoeia on 21 June 1994;

Having regard to paragraph 5 of Resolution (97) 48 on the European Pharmacopoeia – 1998 Budget of 11 December 1997 setting up within the framework of the budget of the European Pharmacopoeia a subsidiary budget: Development, Research and Multimedia;

Having regard to Resolution (99) 44 of 10 December 1999 that the budgets of the European Pharmacopoeia shall be drawn up on a tax exclusive basis;

Having regard to the draft budget for 2003 submitted by the Secretary General (document CM(2002)127 Vol. II (part 6) and Addendum);

Having regard to the Budget Committee's report of 14 October 2002 (document CM(2002)139);

Resolves as follows:

1. The European Pharmacopoeia budget of expenditure for 2003, totalling € 9 077 300 divided into heads and sub-heads according to Table A appended hereto and the budget of receipts totalling € 9 077 300 according to Table B appended hereto are hereby approved;

2. Approval is hereby given to the apportionment, among the states parties to the Convention, of the contributions for 2003, totalling € 4 910 100 according to Table C appended hereto;

3. Approval is hereby given within the framework of the European Pharmacopoeia budget, according to Table D appended hereto, to the authorisation of expenditure and receipts totalling € 1 356 000, which constitute the subsidiary budget of the Biological Standardisation Programme for 2003;

4. In the event of there being a credit balance on the subsidiary budget of the Biological Standardisation Programme for 2002 at the close of that financial year, the budgets of receipts and of expenditure of the subsidiary budget for 2003 shall each be adjusted by an amount equal to the 2002 credit balance by means of its transfer to the subsidiary budget for 2003. Total expenditure shall not exceed total income, the total of the budget of receipts shall be a function of collected receipts; the budget of receipts and the budget of expenditure shall be adjusted accordingly in the course of the year;

5. Approval is hereby given within the framework of the European Pharmacopoeia budget, according to Table E (Vote I-III) appended hereto, to the authorisation of expenditure and receipts totalling € 11 211 300 which constitute the subsidiary budget: Publications, Development, Certification and Conferences (former subsidiary budget: Development, research and multimedia), broken down as follows:
Vote I: € 7 941 200; Vote II: € 2 975 200 and Vote III: € 294 900;

6. In the event of there being a credit balance on the subsidiary budget: Publications, Development, Certification and Conferences for 2002 at the close of that financial year, the budgets of receipts and of expenditure of the subsidiary budget for 2003 shall each be adjusted by an amount equal to the 2002 credit balance by means of its transfer to the subsidiary budget for 2003. Total expenditure shall not exceed total income; the total of the budget of receipts shall be a function of collected receipts; the budget of receipts and the budget of expenditure shall be adjusted accordingly in the course of the year.

Appendix to Resolution Res(2002)38













Appendix 20
(item 11.1, part 7)

Resolution Res(2002)39
on the adjustment of the scale of contributions to
the budget of the Partial Agreement on the Council of Europe Development Bank
with effect from 1 January 2003

(Adopted by the Committee of Ministers on 27 November 2002
at the 818th meeting of the Ministers' Deputies)

The Committee of Ministers, under the terms of Article 38 of the Statute of the Council of Europe and with membership restricted to the Representatives of the Council of Europe states which are members of the Council of Europe Development Bank ¹ ,

Having regard to Resolution (56) 9 of 16 April 1956 concerning adoption of the Articles of Agreement of the Council of Europe Resettlement Fund for National Refugees and Over-Population in Europe;

Having regard to Resolution (94) 31;

Having regard to the Secretariat's proposals set out in document CM(2002)166 Revised,

Resolves as follows:

The scale of contributions by member states to the budget of the Council of Europe Development Bank as appended to this resolution is adopted with effect from 1 January 2003.

Appendix to Resolution Res(2002)39


Appendix 21
(item 11.1, part 7)

Resolution Res(2002)40
concerning the Council of Europe Development Bank
2003 Budget

(Adopted by the Committee of Ministers on 27 November 2002
at the 818th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 16 of the Statute of the Council of Europe and with membership restricted to the Representatives of the states of the Council of Europe which are members of the Council of Europe Development Bank, ¹

Having regard to Resolution (56) 9 on the adoption of the Articles of Agreement of the Council of Europe Resettlement Fund for National Refugees and Over-Population in Europe and to Resolution (93) 22;

Having regard to the Articles of Agreement of the Council of Europe Development Bank which entered into force on 18 March 1997;

Having regard to Articles 19, 21 and 28 of the Financial Regulations;

Having regard to Resolution Res(2002)39 of 27 November 2002, fixing the scale of contributions of member states to the Partial Agreement on the Council of Europe Development Bank budget with effect from 1 January 2003;

Having regard to the draft budget for 2003 submitted by the Secretary General (document CM(2002)127 Vol. II (part 7) and Addendum);

Having regard to the Budget Committee's report of 14 October 2002 (document CM(2002)139),

Resolves as follows:

1. The budget of expenditure for 2003, totalling € 1 374 800 and divided into heads and sub-heads according to Table A appended hereto and the budget of receipts totalling € 1 374 800 according to Table B appended hereto are hereby approved;

2. Approval is hereby given to the apportionment, among the states which are members of the Council of Europe Development Bank, of the contributions for 2003, totalling € 1 374 800 according to Table C appended hereto.

Appendix to Resolution Res(2002)40




Appendix 22
(item 11.1, part 8)

Resolution Res(2002)41
on the adjustment of the scale of contributions to
the budget of the Partial Agreement on the Co-operation Group
to combat drug abuse and illicit trafficking in drugs (Pompidou Group)
with effect from 1 January 2003

(Adopted by the Committee of Ministers on 27 November 2002
at the 818th meeting of the Ministers' Deputies)

The Committee of Ministers, under the terms of Article 38 of the Statute of the Council of Europe and with membership restricted to the Representatives of the states parties to the Partial Agreement on the Co-operation Group to combat drug abuse and illicit trafficking in drugs (Pompidou Group) ¹ ,

Having regard to Resolution (80) 2 of 27 March 1980 setting up a Co-operation Group to combat drug abuse and illicit trafficking in drugs (Pompidou Group);

Having regard to Resolution (94) 31;

Having regard to the Secretariat's proposals set out in document CM(2002)166 Revised,

Resolves as follows:

The scale of contributions by member states to the budget of the Partial Agreement on the Co-operation Group to combat drug abuse and illicit trafficking in drugs (Pompidou Group) as appended to this resolution is adopted with effect from 1 January 2003.

Appendix to Resolution Res(2002)41


Appendix 23
(item 11.1, part 8)

Resolution Res(2002)42
concerning the Partial Agreement on the Co-operation Group
to combat drug abuse and illicit trafficking in drugs (Pompidou Group)
2003 Budget

(Adopted by the Committee of Ministers on 27 November 2002
at the 818th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 16 of the Statute of the Council of Europe and with membership restricted to the Representatives of the states of the Council of Europe which are members of the Co-operation Group to combat drug abuse and illicit trafficking in drugs (Pompidou Group), ¹

Having regard to Resolution (80) 2 of 27 March 1980 setting up a Co-operation Group to combat drug abuse and illicit trafficking in drugs (Pompidou Group);

Having regard to Articles 19, 21 and 28 of the Financial Regulations;

Having regard to Resolution Res(2002)41 of 27 November 2002 fixing the scale of contributions of member states to the Partial Agreement on the Co-operation Group to combat drug abuse and illicit trafficking in drugs (Pompidou Group);

Having regard to the draft budget for 2003 submitted by the Secretary General (document CM(2002)127 Vol II (part 8) and Addendum);

Having regard to the Budget Committee's report of 14 October 2002 (document CM(2002)139),

Resolves as follows:

1. The budget of expenditure for 2003, totalling € 1 803 700 and divided into heads and sub-heads according to Table A appended hereto and the budget of receipts totalling € 1 803 700 according to Table B appended hereto are hereby approved;

2. Approval is hereby given to the apportionment, among the states which are members of the Partial Agreement on the Co-operation Group to combat drug abuse and illicit trafficking in drugs (Pompidou Group), of the contributions for 2003, totalling € 1 803 700 according to Table C appended hereto.

Appendix to Resolution Res(2002)42





Appendix 24
(item 11.1, part 9)

Resolution Res(2002)43
on the adjustment of the scale of contributions to
the budget of the Partial Agreement on the Co-operation Group
for the prevention of, protection against, and organisation of relief
in major natural and technological disasters
with effect from 1 January 2003

(Adopted by the Committee of Ministers on 27 November 2002
at the 818th meeting of the Ministers' Deputies)

The Committee of Ministers under the terms of Article 38 of the Statute of the Council of Europe and with membership restricted to the Representatives of the states of the Council of Europe which are members of the Partial Agreement on the Co-operation Group for the prevention of, protection against, and organisation of relief in major natural and technological disasters ¹ ,

Having regard to Resolution (87) 2 of 20 March 1987 setting up a Partial Agreement on the Co-operation Group for the prevention of, protection against, and organisation of relief in major natural and technological disasters;

Having regard to Resolution (94) 31;

Having regard to the Secretariat's proposals set out in document CM(2002)166 Revised,

Resolves as follows:

The scale of contributions by member states to the budget of the Partial Agreement on the Co-operation Group for the prevention of, protection against, and organisation of relief in major natural and technological disasters as appended to this resolution is adopted with effect from 1 January 2003.

Appendix to Resolution Res(2002)43


Appendix 25
(item 11.1, part 9)

Resolution Res(2002)44
concerning the Partial Agreement on the Co-operation Group
for the prevention of, protection against, and organisation of
relief in major natural and technological disasters
2003 Budget

(Adopted by the Committee of Ministers on 27 November 2002
at the 818th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 16 of the Statute of the Council of Europe and with membership restricted to the Representatives of the states of the Council of Europe which are members of the Co-operation Group for the prevention of, protection against, and organisation of relief in major natural and technological disasters, ¹

Having regard to Resolution (87) 2 of 20 March 1987 setting up a Co-operation Group for the prevention of, protection against, and organisation of relief in major natural and technological disasters;

Having regard to Articles 19, 21 and 28 of the Financial Regulations;

Having regard to Resolution Res(2002)43 of 27 November 2002 fixing the scale of contributions of member states to the Partial Agreement on the Co-operation Group for the prevention of, protection against, and organisation of relief in major natural and technological disasters with effect from 1 January 2003;

Having regard to the draft budget for 2003 submitted by the Secretary General (document CM(2002)127 Vol. II (part 9) and Addendum);

Having regard to the Budget Committee's report of 14 October 2002 (document CM(2002)139),

Resolves as follows:

1. The budget of expenditure for 2003, totalling € 1 292 600 and divided into heads and sub-heads according to Table A appended hereto and the budget of receipts totalling € 1 292 600 according to Table B appended hereto are hereby approved;

2. Approval is hereby given to the apportionment, among the states which are members of the Partial Agreement on the Co-operation Group for the prevention of, protection against, and organisation of relief in major natural and technological disasters, of the contributions for 2003, totalling € 1 292 600 according to Table C appended hereto.

Appendix to Resolution Res(2002)44




Appendix 26
(item 11.1, part 10)

Resolution Res(2002)45
concerning the Partial Agreement on the European Support Fund
for the co-production and distribution of
creative cinematographic and audio-visual works "Eurimages"
2003 Budget

(Adopted by the Committee of Ministers on 27 November 2002
at the 818th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 16 of the Statute of the Council of Europe and with membership restricted to the Representatives of the states of the Council of Europe which are members of the Partial Agreement on the European Support Fund for the co-production and distribution of creative cinematographic and audio-visual works "Eurimages", ¹

Having regard to Resolution (88) 15 of 26 October 1988 setting up a European Support Fund for the co-production and distribution of creative cinematographic and audio-visual works "Eurimages";

Having regard to the decision of the Ministers’ Deputies (CM/Del/Dec(2000)718, item 11.5) amending Article 4.2 of Resolution (88) 15;

Having regard to Articles 19, 21 and 28 of the Financial Regulations of the Council of Europe;

Having regard to the decision of the Board of Management of Eurimages on the method of calculating the scale of member states’ contributions adopted at its 64^th (December 1999) and its 66th meeting (May 2000);

Having regard to the decision of the Board of Management of Eurimages adopted at its 79th meeting (October 2002) on the amount of obligatory contributions applicable for 2003, it being understood that this amount may be amended in the event of the accession of a member state;

Having regard to the accession of Croatia on 1 January 2003;

Having regard to the draft budget for 2003 submitted by the Secretary General (document CM(2002)127 Vol. II (part 10) and Addendum);

Having regard to the Budget Committee's report of 14 October 2002 (document CM(2002)139),

Resolves as follows:

1. The budget of operational expenditure (Heads 6001-6004) for 2003, totalling € 2 105 600 and divided into sub-heads according to Table A appended hereto is hereby approved;

2. The budget of programme expenditure (Head 6005) shall be equal to the difference between the total of the budget of receipts and the total of the budget of operational expenditure (Heads 6001-6004);

3. The total of the budget of receipts shall be a function of collected receipts and adjusted accordingly in the course of the financial year;

4. Approval is hereby given to the apportionment, among the member states which are members of the Partial Agreement on the European Support Fund for the co-production and distribution of creative cinematographic and audio-visual works “Eurimages”, of the contribution for 2003, totalling € 19 024 907 according to Table C appended hereto and calculated in accordance with decision adopted by the partial agreement’s Board of Management.

Appendix to Resolution Res(2002)45




Appendix 27
(item 11.1, part 11)

Resolution Res(2002)46
on the adjustment of the scale of contributions to
the budget of the Enlarged Agreement on the European Commission for Democracy through Law
with effect from 1 January 2003

(Adopted by the Committee of Ministers on 27 November 2002
at the 818th meeting of the Ministers' Deputies)

The Committee of Ministers under the terms of Article 38 of the Statute of the Council of Europe,

Having regard to Resolution (90) 6 of 10 May 1990 setting up a Partial Agreement on the European Commission for Democracy through Law;

Having regard to Resolution (94) 31;

Having regard to the Secretariat's proposals set out in document CM(2002)166 Revised,

Resolves as follows:

The scale of contributions by member states to the budget of the Enlarged Agreement on the European Commission for Democracy through Law as appended to this resolution is adopted with effect from 1 January 2003.

Appendix to Resolution Res(2002)46

Appendix 28
(item 11.1, part 11)

Resolution Res(2002)47
concerning the Enlarged Agreement on
the European Commission for Democracy through Law
2003 Budget

(Adopted by the Committee of Ministers on 27 November 2002
at the 818th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 16 of the Statute of the Council of Europe and with membership restricted to the Representatives of the states of the Council of Europe which are members of the Enlarged Agreement on the European Commission for Democracy through Law, ¹

Having regard to Resolution (90) 6 of 10 May 1990 setting up a Partial Agreement on the European Commission for Democracy through Law;

Having regard to Resolution Res(2002)3 of 21 February 2002 transforming the statute of the Partial Agreement on the European Commission for Democracy through Law into an Enlarged Agreement;

Having regard to Articles 19, 21 and 28 of the Financial Regulations;

Having regard to Resolution Res(2002)46 of 27 November 2002 fixing the scale of contributions of member states to the Enlarged Agreement on the European Commission for Democracy through Law;

Having regard to the draft budget for 2003 submitted by the Secretary General (document CM(2002)127 Vol. II (part 11) and Addendum);

Having regard to the Budget Committee's report of 14 October 2002 (document CM(2002)139),

Resolves as follows:

1. The budget of expenditure for 2003, totalling € 2 844 100 and divided into heads and sub-heads according to Table A appended hereto and the budget of receipts totalling € 2 844 100 according to Table B appended hereto are hereby approved;

2. Approval is hereby given to the apportionment, among the states which are members of the Enlarged Agreement on the European Commission for Democracy through Law, of the contributions for 2003, totalling € 2 836 000 according to Table C appended hereto.

Appendix to Resolution Res(2002)47





Appendix 29
(item 11.1, part 12)

Resolution Res(2002)48
on the adjustment of the scale of contributions to
the budget of the Partial Agreement on the Youth Card
with effect from 1 January 2003

(Adopted by the Committee of Ministers on 27 November 2002
at the 818th meeting of the Ministers' Deputies)

The Committee of Ministers, under the terms of Article 38 of the Statute of the Council of Europe and with membership restricted to the Representatives of the states of the Council of Europe which are members of the Partial Agreement on the Youth Card ¹ ,

Having regard to Resolution (91) 20 of 13 September 1991 setting up a Partial Agreement on the Youth Card;

Having regard to Resolution (94) 31;

Having regard to the Secretariat's proposals set out in document CM(2002)166 Revised,

Resolves as follows:

The scale of contributions by member states to the budget of the Partial Agreement on the Youth Card as appended to this resolution is adopted with effect from 1 January 2003.

Appendix to Resolution Res(2002)48


Appendix 30
(item 11.1, part 12)

Resolution Res(2002)49
concerning the Partial Agreement on the Youth Card
2003 Budget

(Adopted by the Committee of Ministers on 27 November 2002
at the 818th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 16 of the Statute of the Council of Europe and with membership restricted to the Representatives of the states of the Council of Europe which are members of the Partial Agreement on the Youth Card, ¹

Having regard to Resolution (91)20 of 13 September 1991 setting up a Partial Agreement on the Youth Card;

Having regard to Articles 19, 21 and 28 of the Financial Regulations;

Having regard to Resolution Res(2002)48 of 27 November 2002 fixing the scale of contributions of member states to the Partial Agreement on the Youth Card;

Having regard to the draft budget for 2003 submitted by the Secretary General (document CM(2002)127 Vol. II (part 12) and Addendum);

Having regard to the Budget Committee's report of 14 October 2002 (document CM(2002)139),

Resolves as follows:

1. The budget of expenditure for 2003, totalling € 200 500 and divided into heads and sub-heads according to Table A appended hereto and the budget of receipts totalling € 200 500. according to Table B appended hereto are hereby approved;

2. Approval is hereby given to the apportionment, among the states which are members of the Partial Agreement on the Youth Card, of the contributions for 2003, totalling € 200 500 according to Table C appended hereto.

Appendix to Resolution Res(2002)49





Appendix 31
(item 11.1, part 13)

Resolution Res(2002)50
on the adjustment of the scale of contributions to the budget
of the Enlarged Partial Agreement on the European Centre
for Modern Languages (Graz)
with effect from 1 January 2003

(Adopted by the Committee of Ministers on 27 November 2002
at the 818th meeting of the Ministers' Deputies)

The Committee of Ministers, under the terms of Article 38 of the Statute of the Council of Europe and with membership restricted to the Representatives of the states of the Council of Europe which are members of the Enlarged Partial Agreement on the European Centre for Modern Languages (Graz) ¹ ,

Having regard to Resolution (94) 10 of 8 April 1994 setting up an Enlarged Partial Agreement establishing the European Centre for Modern Languages (Graz);

Having regard to Resolution (98) 11 confirming the continuation of the European Centre for Modern Languages (Graz);

Having regard to Resolution (94) 31;

Having regard to the Secretariat's proposals set out in document CM(2002)166 Revised,

Resolves as follows:

The scale of contributions by member states to the budget of the Enlarged Partial Agreement on the European Centre for Modern Languages (Graz) as appended to this resolution is adopted with effect from 1 January 2003.

Appendix to Resolution Res(2002)50


Appendix 32
(item 11.1, part 13)

Resolution Res(2002)51
concerning the Enlarged Partial Agreement on
the European Centre for Modern Languages (Graz)
2003 Budget

(Adopted by the Committee of Ministers on 27 November 2002
at the 818th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 16 of the Statute of the Council of Europe and with membership restricted to the Representatives of the states of the Council of Europe which are members of the Enlarged Partial Agreement on the European Centre for Modern Languages (Graz), ¹

Having regard to Resolution (94) 10 of 8 April 1994 on an Enlarged Partial Agreement establishing the European Centre for Modern Languages;

Having regard to Resolution (98) 11 confirming the continuation of the European Centre for Modern Languages;

Having regard to Articles 19, 21 and 28 of the Financial Regulations;

Having regard to Resolution Res(2002)50 of 27 November 2002 fixing the scale of contributions of member states to the Enlarged Partial Agreement on the European Centre for Modern Languages (Graz);

Having regard to the draft budget for 2003 submitted by the Secretary General (CM(2002)127 Vol. II (part 13) and Addendum);

Having regard to the Budget Committee's report of 14 October 2002 (document CM(2002)139),

Resolves as follows:

1. The budget of expenditure for 2003, totalling € 1 620 000 and divided into heads and sub-heads according to Table A appended hereto and the budget of receipts totalling € 1 620 000 according to Table B appended hereto are hereby approved;

2. Approval is hereby given to the apportionment, among the states which are members of the Enlarged Partial Agreement on the European Centre for Modern Languages (Graz), of the contributions for 2003 totalling € 1 600 000 according to Table C appended hereto;

3. The budget of programme expenditure (Head 2365) shall be equal to the difference between the total of the budget of receipts and the total of the budget of expenditure for other expenditure (Heads 2361-2364);

4. The total of the budget of receipts shall be a function of collected receipts and adjusted accordingly in the course of the financial year.

Appendix to Resolution Res(2002)51





818th meeting - 27 November 2002

Appendix 33
(item 11.3)

Draft Resolution Res(2002)52
concerning the Partial Agreement on the Youth Card

(Adopted by the Committee of Ministers on 27 November 2002
at the 818th meeting of the Ministers' Deputies)

The Committee of Ministers, under the terms of Article 16 of the Statute of the Council of Europe and with membership restricted to the Representatives of the states of the Council of Europe which are members of the Partial Agreement on the Youth Card ¹ ,

Having regard to Resolution (91) 20 of 13 September 1991 setting up a Partial Agreement on the Youth Card;

Having regard to Articles 19, 21 and 28 of the Financial Regulations;

Having regard to Resolution Res(2001)42 of 27 November 2001 fixing the scale of contributions of member states to the Partial Agreement on the Youth Card;

Having regard to the opinion of the Budget Committee in its 14 October 2002 meeting report (document CM(2002)139);

Considering that the appropriations entered in the 2002 budget of the Partial Agreement on the Youth Card call for amendment,

Resolves as follows:

Article 1

The Budget of the Partial Agreement on the Youth Card for 2002 is amended according to the table appended to the present Resolution.

Article 2

The additional appropriations approved by this Resolution shall be financed from Austria’s contribution to the 2002 budget and therefore will not require additional contributions from other member states.



Appendix 34
(item 11.4)

Resolution Res(2002)53
providing for a Pension Reserve Fund for the Council of Europe

(Adopted by the Committee of Ministers on 27 November 2002
at the 818th meeting of the Ministers' Deputies)

The Committee of Ministers, under the terms of Article 16 of the Statute of the Council of Europe,

Considering the decision taken at their 786th meeting regarding the establishment of a Pension Reserve Fund and the introduction of a modified pension scheme for future members of staff (CM/Del/Dec(2002)786);

Recalling that in accordance with this decision, the Secretary General has been asked to present proposals in this regard;

Noting that the creation of a Pension Reserve Fund will in the medium to long term stabilise the financing of the member states’ obligations under the Organisation’s Pension schemes;

Adopts the Statute of the Council of Europe Pension Reserve Fund, as follows:

Statute of Council of Europe Pension Reserve Fund

Part I: Objective, Fund Assets and Financing

Article 1 – Objective of the Fund

The objective of the Pension Reserve Fund (”the Fund”) is to stabilise, in the medium term, the financing of the Member States’ obligations under the Organisation’s Pension schemes.

Article 2 – Assets of the Fund

1. All assets of the Fund are the property of the Organisation. They are managed and accounted for separately from all the other assets of the Organisation.

2. The Fund’s assets may be used to pay, via the Pensions Budget, only the benefits under the Pension schemes and the authorised expenses of the Fund.


Article 3 – Financing of the Fund

1. The Fund shall receive:

a. all staff members’ contributions, including validation payments, resulting from the relevant Pension Scheme Rules;

b. annual contributions from Member States as determined by the Committee of Ministers by their Decision of 27 November 2002 (CM/Del/Dec(2002)818/11.4) concerning the years 2003 and 2004, and thereafter to be determined on the basis of actuarial studies to be carried out in 2004, and thereafter every five years;

c. annual contributions from the budgets of the partial agreements, representing twice the rate of contributions by staff members hired under the existing Pension Scheme and one and a half times the contributions of staff members hired under the New Pension Scheme;

d. income earned on the assets of the Fund; and

e. such other amounts as the Committee of Ministers may decide to allocate to the Fund.

2. The amount due from the member states under paragraph 1.b. of this Article shall be apportioned among them in accordance with the general scale of contributions to the Ordinary Budget for that year or, in its absence, in accordance with the agreed principles and rules for determining the scale of contributions for the budget of the Organisation, unless the Committee of Ministers otherwise determines.

3. Member states’ contributions shall be paid in accordance with the Financial Rules and Regulations of the Organisation.

4. The competent Cost Centre Manager of the Organisation designated by the Secretary General shall determine the amounts to be released from the Fund to the Treasurer of the Organisation, and to be allocated to the Pensions Budget for payment of the relevant pension benefit obligations.

Part II: Fund Management and Governance

Article 4 – Fund management

1. The Fund shall be managed by the Secretary General who may, to this end, nominate a Fund administrator. The Fund administrator is responsible for dealing with movement of funds between the Fund and the Organisation’s treasury and preparing and implementing the operational budget. The Fund administrator is responsible for preparing specifications with a view to outsourcing and drafting and monitoring contracts with financial institutions. The Fund administrator, in consultation with the Investment Advisory Board, shall invest the assets of the Fund in conformity with the general policies, goals and guidelines established in accordance with Article 5 of these Rules.

2. A fund actuary, one or more investment managers and custodians, and other advisers may be engaged or dismissed, after consultation with the Investment Advisory Board.

3. The expenses of running the Fund shall be paid for by the Fund.

4. The Fund shall be administered and audited in accordance with the Financial Rules and Regulations of the Organisation.

5. The Fund administrator has no responsibility for the operation of the Pension Scheme and the payment of benefits to individuals other than the release of funds as required under Article 3, paragraph 4 of these Rules.

6. The Fund administrator shall prepare quarterly financial statements of the Fund, including its balance sheet, a statement of revenues and expenses, details of administrative expenses, investment performance.

7. The Secretary General shall report annually to the Committee of Ministers on the status of the Fund. On the Secretary General’s proposal, the Committee of Ministers will decide on any adjustment required in member states’ contributions to ensure the long-term viability of the Fund.

Article 5 – Investment policy

1. Subject to any decisions of the Committee of Ministers, the Secretary General shall:

a. decide the general policies, goals and guidelines for investment of the assets of the Fund;

b. review the operations of the Fund; and

c. draw up the Fund’s operating budget.

2. The Secretary General shall ensure that the general investment policies, goals and guidelines do not contradict or otherwise bring into question the policies and goals of the Organisation.

3. The Secretary General shall submit a review of the Fund at least annually to the Committee of Ministers including in that report an annual audit and the report of the Investment Advisory Board. In 2004, and thereafter every five years, the Secretary General will carry out a thorough review of the Fund’s investment policies, goals, guidelines and performance, its actuarial assumptions, rate of contribution and its capitalisation target and report his findings, decisions and recommendations to the Committee of Ministers.

Article 6 – The Investment Advisory Board

1. The Investment Advisory Board shall:

a. propose general investment policies, goals and guidelines to the Secretary General;

b. advise the Secretary General on implementation of the general investment policies, goals and guidelines;

c. bring issues concerning the operation of the Fund to the Secretary General’s attention, as necessary; and

d. carry out other tasks as assigned by the Secretary General or the Committee of Ministers.

2. The Investment Advisory Board shall meet regularly and shall report at least annually to the Secretary General.

3. The Investment Advisory Board shall be composed of six experts in the investment field, appointed by the Committee of Ministers on the proposal of Member States and the Fund administrator. Appointments of the experts will be for up to three years and shall be renewable. Terms shall be set with a view to having no more than two appointments terminate in the same year.

4. The Board shall select its chair from amongst its members and may set its own rules of procedure.

5. Appointed members of the Board shall participate in the work of the Board as independent experts.

Appendix 35
(Item 11.4)

Resolution (2002)54
providing for a New Pension Scheme for permanent staff members
appointed on or after 1 January 2003

(Adopted by the Committee of Ministers on 27 November 2002
at the 818th meeting of the Ministers' Deputies)

The Committee of Ministers, under the terms of Article 16 of the Statute of the Council of Europe,

Considering the decision taken at their 786th meeting regarding the establishment of a pension reserve fund and the introduction of a modified pension scheme for future members of staff; (CM/Del/Dec(2002)786);

Recalling that in accordance with this decision, the Secretary General has been asked to present proposals in this regard;

Noting that the establishment of a Pension Reserve Fund has been adopted by Resolution Res(2002)53;

The Staff Committee having been consulted in accordance with Article 6 of Appendix I to the Staff Regulations (Regulations on Staff participation),

Amends the title of Article 43 and adopts a new Article 43, paragraph 2 of the Staff Regulations, as well as a new Appendix V bis to the Staff Regulations establishing a New Pension Scheme for permanent staff members recruited on or after 1 January 2003.

AMENDMENT TO THE TITLE OF ARTICLE 43 AND NEW ARTICLE 43.2 OF THE STAFF REGULATIONS,

(Adopted by the Committee of Ministers on 28 November 2002
at the 818th meeting of the Ministers' Deputies)

Article 43 – Social Protection

2 a. Except as provided under paragraph b), all staff members shall be affiliated to the Pension Scheme and shall be subject to the provisions of the Pension Scheme Rules and Instructions as set out in Appendix V.

2 b. All staff members recruited on or after 1 January 2003 ² and who

· have never contributed to the Pension Scheme referred to in paragraph a) above; or

· benefited, during their last appointment with one of the Organisations referred to in Article 1 of Appendix V, from the provisions of Article 11 of Appendix V and have not repaid the amounts provided for under that Article,

shall be affiliated to the Pension Scheme and shall be subject to the provisions of the Pension Scheme Rules and Instructions as set out in Appendix V bis.

2 c. The pensionable age for receiving a retirement pension referred to in Article 8 of the Pension Scheme Rules set out in Appendix V bis shall be 63 years.

NEW APPENDIX V BIS
NEW PENSION SCHEME “NPS” ³

CHAPTER I

GENERAL PROVISIONS

ARTICLE 1 – SCOPE

1. The Pension Scheme established by these Rules, hereinafter referred to as the “New Pension Scheme” (NPS), applies to staff members who:

· took up duty on or after the 1^st of January 2003 ⁴ ;

· have never contributed to the Pension Scheme of the co-ordinated organisations set up by the adoption of the 94^th Report of the CCG by the governing bodies of these Organisations; and

· hold indefinite term or definite or fixed-term appointments in the Organisation.

2. A staff member, who, during his last appointment with a co-ordinated organisation, benefited from the provisions of Article 11 of the scheme set up by the adoption of the 94^th Report of the CCG and who has not repaid the amounts provided for under that Article, shall be deemed to have relinquished entitlement to benefit from the said scheme and shall irrevocably be affiliated to the NPS.

3. The NPS shall not apply to other categories of personnel defined in the Organisation, such as, temporary staff, or to personnel hired under local labour legislation, etc.

4. In these Rules, the term “Organisation” refers to the Council of Europe, the term “other Organisation” means any other co-ordinated organisation having adopted the NPS and the term “staff member” means the staff referred to in paragraphs 1 and 2 above.

ARTICLE 2 - DEFERRED ENTITLEMENT

1. Where the medical examination which every staff member has to undergo as part of the appointment process (and the consequences of which will have duly been expounded to him before his appointment) shows him to be suffering from an illness or disablement, the Organisation may decide that, as regards risks arising from an illness or disablement existing before he took up his duties, the said staff member shall not be entitled to the invalidity or death benefits provided for in these Rules until the expiry of a period not exceeding five years from the date of his appointment. If a staff member leaves an organisation which has adopted the NPS and, within a period of not more than six months, enters the service of another organisation which has also adopted the NPS, the time spent in the service of the first organisation shall be deducted from the period of deferred entitlement.

ARTICLE 3 - DEFINITION OF SALARY

1. Unless otherwise specified, for the purposes of these Rules, salary shall be the monthly basic salary of the staff member, according to the scales in force in the Organisation at the time when the pension is assessed, and updated in accordance with the provisions of Article 36.

ARTICLE 4 - DEFINITION OF SERVICE CONFERRING ENTITLEMENT TO BENEFITS

1. Subject to the provisions of Articles 5 and 41, paragraph 1, entitlement to benefit under these Rules shall be determined by the total of the periods actually served in the Organisation or in another Organisation

i) as a staff member;

ii) in any other capacity prior to appointment as a staff member, provided any periods so served were not separated by breaks of more than one year.

2. In addition to the total reckonable years of service thus calculated, a staff member may request, on cessation of work, that those corresponding to certain statutory allowances be taken into account, in particular payment in lieu of notice, for loss of employment, and for leave not taken, under the provisions laid down by Instruction ⁽ .

3. Periods of part-time service shall be taken into consideration in calculating entitlement to benefit under these Rules provided they correspond to at least half-time work as defined by the provisions laid down by Instruction.

4. The periods referred to in Article 16, paragraph 3 shall also be taken into consideration.

ARTICLE 5 - CALCULATION OF SERVICE CONFERRING ENTITLEMENT TO BENEFITS ⁵

1. Where a staff member appointed by the Organisation has previously served with the Organisation or another Organisation, his entitlement to benefits under the terms of Article 4 shall be conditional upon his paying over to the Organisation which re-appoints him the amounts paid to him on leaving his previous service pursuant to Article 11 plus compound interest on such amounts at 4% per annum from the date when the staff member received them until the date they are paid over in accordance with this paragraph. Should the staff member fail to pay over the amounts in question, reckonable service shall count only as from the new appointment.

2. Where a staff member appointed by the Organisation was previously drawing a retirement pension in respect of service with another Organisation, payment of that pension shall cease.

If the staff member refunds to the Organisation offering him a new appointment the pension payments he has received, the provisions of Article 4 shall apply on cessation of his new appointment.

If he does not make this refund, the years of service for which credit was acquired in the employment that originally entitled him to payment of the discontinued retirement pension shall be taken into account in the calculation of the retirement pension due on cessation of his new employment by reference to the salary for his last grading in such previous employment; moreover, that part of the final pension figure shall be abated by 5% for each whole year during which the staff member drew the initial pension before the pensionable age.

3. Where a staff member ceases his functions at a grade and step lower than that which he had previously held in the Organisation or in another Organisation, his entitlement to benefits under these Rules shall be determined by taking into account the total of his reckonable years of service and the benefits shall be calculated on the basis of the salary for the highest grading held by him. However, a reduction shall be made in the number of years of service to be credited to him in respect of time served at a lower grade and step after having held the grade by reference to which benefits are calculated; this reduction shall be proportionate to the difference between the said gradings.

4. For the implementation of paragraphs 2 and 3 above, salaries shall be taken into account in accordance with the scales in force when the final pension assessment is made.

5. The crediting of the periods referred to in Article 4, paragraph 1 ii) shall be conditional on:

i) the staff member submitting an application to that effect within six months following his taking up duty as a staff member; the application shall specify the periods of service with which the staff member wishes to be credited;

ii) the Organisation giving its agreement;

iii) the staff member paying, for each month of service with which he is to be credited, the contribution provided for in Article 41, calculated on the basis of his first monthly salary as a staff member.

ARTICLE 6 - RECKONABLE YEARS OF SERVICE

1. The benefits provided for under these Rules shall be calculated by reference to reckonable years of service consisting of:

i) service calculated in accordance with the provisions of Articles 4 and 5;

ii) service credited in accordance with Article 12, paragraph 1.

2. Incomplete years of reckonable service shall be taken into account on the basis of one-twelfth of a year for each whole month of service. For benefit calculation purposes the period remaining shall be treated as a whole month if it is equal to or more than 15 days.

However, the period remaining shall not be taken into account for the purpose of calculating the ten years’ service required for entitlement to the retirement pension provided for in Article 7.

3. Reckonable years of service for part-time work shall be calculated in accordance with the ratio between the working hours corresponding to part-time service and the normal number of hours for full-time work in the Organisation.

ARTICLE 6bis - PART-TIME SERVICE - EFFECTS ON THE CALCULATION OF ENTITLEMENT

1. If, when a staff member’s service ends, he is working part time, the amount of the benefit due shall be calculated with reference to the full salary for the grade and step to be used as a basis under the provisions of these Rules.

2. However, where a staff member to whom paragraph 1 above, applies, was recruited to work part time, or authorised to work part time for an indefinite period or for a definite period renewable by tacit agreement, the rate of the invalidity pension referred to in Article 14, paragraph 2, together with any minima and ceilings applicable, shall be set in accordance with the provisions laid down by Instruction.

CHAPTER II

RETIREMENT PENSION AND LEAVING ALLOWANCE

SECTION 1: RETIREMENT PENSION

ARTICLE 7 - CONDITIONS OF ENTITLEMENT

1. A staff member who has completed ten or more years' service, within the meaning of Article 4, in the Organisation and, where applicable, in other Organisations, shall be entitled to a retirement pension.

ARTICLE 8 - AGE OF ENTITLEMENT, DEFERRED OR EARLY PENSION

1. A staff member shall become eligible for a retirement pension at the age laid down by the Organisation.

2. Pension rights shall continue to accrue to a staff member continuing to be employed after pensionable age, but his pension shall not exceed the maximum amount laid down in Article 10, paragraph 2.

3. If a staff member ceases his functions before pensionable age, payment of his retirement pension shall be deferred until he reaches that age.

4. However, a staff member who retires before pensionable age may request early payment of his pension 12 years before that age at the earliest.

In such a case, the amount of the retirement pension shall be reduced by reference to the age of the staff member when his pension is assessed, as shown in the table below.

Age when pension is assessed	Ratio of pension on early retirement to pension at pensionable age (n) (uniform 6% reduction coefficients)
n-12	0.28
n-11	0.34
n-10	0.40
n-9	0.46
n-8	0.52
n-7	0.58
n-6	0.64
n-5	0.70
n-4	0.76
n-3	0.82
n-2	0.88
n-1	0.94

An actuarial study of the reduction coefficients used in this table, based in particular on the relevant data from the study provided for in Article 41 on the contribution rate of staff members, shall be carried out at the same intervals as this latter study.

5. Where the Organisation terminates the appointment of a staff member, the reduction coefficient applicable to early payment of his pension shall be 3% a year between the age of 60 and the pensionable age.

ARTICLE 9 - COMMENCEMENT AND CESSATION OF ENTITLEMENT

1. Entitlement to payment of a retirement pension shall commence on the first day of the month following that in which the person concerned became eligible for payment of the pension.

2. Entitlement shall cease at the end of the month in which the pensioner dies.

ARTICLE 10 - RATE OF PENSION

1. The amount of the retirement pension shall be, per reckonable year of service within the meaning of Article 6, 2% of the salary corresponding to the last grade held by the staff member for not less than one year before cessation of his appointment and the last step held in that grade.

2. The maximum rate of the pension shall be 70% of this salary, subject to the provisions of paragraph 3 below.

3. The amount of the retirement pension shall not be less than 4% of the salary for grade C1, step 1, per reckonable year of service credited pursuant to Article 6; it may not, however, exceed the staff member's last salary as defined in Article 3.

SECTION 2: LEAVING ALLOWANCE

ARTICLE 11 - LEAVING ALLOWANCE

1. A staff member whose service ceases otherwise than by reason of death or invalidity and who is not entitled to a retirement pension nor to the benefit of the provisions of Article 12, paragraph 2, shall be entitled on leaving to payment of an amount equal to 2.25 times his rate of contribution as applied to his last annual salary, multiplied by the number of reckonable years of service credited within the meaning of Article 6 ⁽ .

2. A staff member who is re-appointed by the Organisation after having received a leaving allowance must pay it back if the period during which he was not employed by the Organisation, in whatever capacity, is less than 12 months.

SECTION 3: INWARD AND OUTWARD TRANSFER OF PENSION RIGHTS

ARTICLE 12 - INWARD AND OUTWARD TRANSFER OF PENSION RIGHTS

1. A staff member who enters the service of the Organisation after leaving the service of a government administration or national organisation, or international organisation not listed in Article 1, paragraph 4, or a firm, may arrange for payment to the Organisation in accordance with the provisions laid down by Instruction, of any amounts corresponding to the retirement pension rights accrued under the pension scheme to which he was previously affiliated in so far as that scheme allows such a transfer.

In such cases, the Organisation shall determine, by reference to the provisions laid down by Instruction, the number of years of reckonable service with which he shall be credited under the present scheme.

2. A staff member who leaves the service of the Organisation to enter the service of a government administration or national organisation, or international organisation, not listed in Article 1, paragraph 4, which has entered into an agreement with the Organisation, shall be entitled to transfer to the pension fund of that administration or organisation:

· either the actuarial equivalent of his retirement pension rights accrued under these Rules, such equivalent being calculated in accordance with the provisions laid down by Instruction;

· or, in the absence of such rights, the amounts provided under Article 11.

CHAPTER III

INVALIDITY PENSION

ARTICLE 13 - CONDITIONS OF ENTITLEMENT - INVALIDITY BOARD

1. Subject to the provisions of Article 2, an invalidity pension shall be payable to a staff member who is under the age limit laid down in the Staff Regulations and who, at any time during the period in which pension rights are accruing to him, is recognised by the Invalidity Board defined below to be suffering from permanent invalidity which totally prevents him from performing his job or any duties corresponding to his experience and qualifications which may have been proposed to him by the Organisation.

2. The Invalidity Board shall consist of three medical practitioners, the first two being appointed by the Organisation and the staff member, respectively, and the third one selected jointly by the first two. Cases shall be submitted to it by the Organisation either on its own initiative or at the request of the staff member concerned.

ARTICLE 14 - RATE OF PENSION

1. Subject to the provisions of Article 5, paragraph 3, the invalidity pension shall be equal to the retirement pension to which the staff member would have been entitled at the age limit laid down in the Staff Regulations if he had continued to serve until that age, the requirement for a minimum of ten years' service under Article 7 not being applicable.

2. However, where the invalidity arises from an accident in the course of the performance of his duties, from an occupational disease, from a public-spirited act or from risking his life to save another human being, the invalidity pension shall be 70% of salary. In the event of invalidity resulting from a cause other than these, the invalidity pension provided for in this paragraph may not be less than the invalidity pension which would be payable under paragraph 1 of this Article.

3. The salary used as a basis for the calculation of the invalidity pension referred to in paragraphs 1 and 2 above shall be the salary for the grade and step held by the staff member in accordance with the scales in force at the date laid down in Article 17, paragraph 1.

4. The invalidity pension shall not be less than 120% of the salary for grade C1, step 1, but may not be more than the last salary, such salaries being those which appear in the scales in force at the date laid down in Article 17, paragraph 1, subject to any adjustments provided for under Article 36.

5. In the case of invalidity deliberately brought about by the staff member, the Organisation shall decide whether he should receive an invalidity pension or only a retirement pension or a leaving allowance, depending on his length of effective service.

ARTICLE 15 - CONCURRENT EARNINGS

1. Where a person in receipt of an invalidity pension is nevertheless gainfully employed, this pension shall be reduced by the amount by which his pension together with the remuneration he receives for the said employment exceeds the salary for the highest step in the grade he held at the time of his being recognised an invalid.

2. This reduction shall apply only up to the age limit laid down in the Staff Regulations.

ARTICLE 16 - MEDICAL EXAMINATION - TERMINATION OF PENSION

1. While a person receiving an invalidity pension is still under the age limit laid down in the Staff Regulations, the Organisation may have him medically examined periodically to ascertain that he still satisfies the conditions for entitlement to such pension, in particular having regard to any new duties corresponding to his experience and qualifications which may have been proposed to him by the Organisation.

2. When a person receiving an invalidity pension who has not reached the said age limit ceases to satisfy the conditions for entitlement to the invalidity pension, the Organisation shall terminate that pension.

3. The time during which the person concerned has received his invalidity pension shall then be reckoned, without payment of back contributions, for the calculation of the leaving allowance or retirement pension, as the case may be.

ARTICLE 17 - COMMENCEMENT AND CESSATION OF ENTITLEMENT

1. Entitlement to an invalidity pension shall commence on the first day of the month following the date of the beginning of the invalidity as recognised by the Invalidity Board.

2. Subject to application of Article 16, paragraph 2:

i) the invalidity pension payable under Article 14, paragraph 2 shall be
paid for life;

ii) in other cases, entitlement to an invalidity pension shall terminate:

· either at the age limit laid down in the Staff Regulations;
· or at the end of the month during which the person receiving the pension dies.

Where the invalidity pension terminates because the person concerned has reached the age limit laid down in the Staff Regulations, he shall, notwithstanding the ten-year minimum requirement provided for in Article 7, be entitled to a retirement pension calculated as follows:

· reckonable years of service shall be calculated as if he had remained in service until the age limit laid down in the Staff Regulations;

· the reference salary shall be that of his grade and step at the time of his being recognised an invalid, updated in accordance with Article 36.

CHAPTER IV

SURVIVOR'S AND REVERSION PENSIONS

ARTICLE 18 - CONDITIONS OF ENTITLEMENT

1. The surviving spouse ⁽ of a staff member who died in service shall be entitled to a survivor's pension, provided they had been married to each other for at least one year at the time of the staff member’s death, unless the death resulted either from disablement or illness contracted in the performance of his duties, or from an accident.

2. A reversion pension shall be payable to the surviving spouse:

i) of a former staff member drawing an invalidity pension, if they were married to each other at the time of his being recognised an invalid; this condition of anteriority shall not apply if the marriage had existed for at least five years at the time of the former staff member’s death, or if the death resulted either from disablement or illness contracted in the performance of his duties, or from an accident;

ii) of a former staff member drawing a retirement pension, if they had been married to each other for at least one year at the time when the former staff member’s appointment ceased; this condition of anteriority shall not apply if the marriage had existed for at least five years at the time of the former staff member’s death or at least ten years if his appointment had ceased before the pensionable age; or

iii) of a former staff member entitled to a deferred pension, if they had been married to each other for at least one year at the time when the former staff member’s appointment ceased; this condition of anteriority shall not apply if the marriage had existed for at least ten years at the time of his death.

3. The above-prescribed conditions of anteriority or minimum duration of marriage shall not apply where there are one or more children of the marriage or of a marriage of the staff member contracted prior to the cessation of his appointment, inasmuch as the non-remarried surviving spouse is providing for their needs; in such case, the survivor's or reversion pension shall be payable, under the present paragraph, for so long as the children are actually being so provided for.

When they are no longer being so provided for, the survivor's or reversion pension shall nonetheless continue to be payable for so long as the surviving spouse does not have an income of his own from the exercise of any occupation, or from any retirement pension or other survivor's or reversion pension, equal to at least the amount of the survivor's or reversion pension from the Organisation.

4. Entitlement to a survivor's or reversion pension shall be subject to the provisions of Article 2.

ARTICLE 19 - RATE OF PENSION

1. The survivor’s pension shall be 60% of the retirement pension that would have been payable to the staff member, had he not died in service, on the basis of his reckonable years of service credited up to the time of his death, the requirement for a minimum of ten years of service under the provisions of Article 7 not being applicable.

2. Where a staff member has died as the result of an accident in the course of the performance of his duties, from an occupational disease, from a public-spirited act or from risking his life to save another human being, the survivor's pension shall be 60% of the invalidity pension to which the staff member would have been entitled, had he survived, under Article 14, paragraph 2.

3. The survivor's pension shall not be less than 35% of the staff member's last salary; nor shall it be less than 100% of the salary for Grade C1, step 1.

4. When the former staff member was receiving a pension at the time of his death, the amount of the reversion pension shall correspond to the highest of the following amounts:

· 60% of the retirement or invalidity pension to which the former staff member was entitled at the time of the assessment of his pension, no account being taken of any reductions resulting from the application of Article 8, paragraph 4 or Article 15;

· 35% of the former staff member’s last salary at the time of the assessment of his pension; or

· 100% of the salary for grade C1, step 1, under the scale in force at the time of the assessment of his pension.

These amounts shall be updated in accordance with the provisions of Article 36.

5. When the former staff member was not receiving a pension at the time of his death, the amount of the reversion pension shall correspond to the highest of the following amounts:

· 60% of the retirement pension to which the former staff member would have been entitled had he reached the pensionable age at the time of his death;

· 35% of the former staff member’s last salary corresponding to his last grade and step, under the scale in force at the time of his death; or

· 100% of the salary for grade C1, step 1, under the scale in force at the time of the former staff member’s death.

6. The amount of the reversion pension shall not exceed that of the pension received by the former staff member or, in cases provided for under paragraph 5 above, the amount of the pension to which the former staff member would have been entitled had he reached the pensionable at the time of his death.

ARTICLE 20 - REDUCTION FOR DIFFERENCE IN AGE

1. Where the difference in age between the deceased staff member or former staff member and his younger surviving spouse and/or former spouse, minus the length of time they have been married, is more than ten years, the survivor's or reversion pension, calculated in accordance with the preceding provisions, shall be subject to a reduction, per year of difference, amounting to:

· 1% for the years between ten and twenty;
· 2% for the years twenty up to but not including twenty-five;
· 3% for the years twenty-five up to but not including thirty;
· 4% for the years thirty up to but not including thirty-five;
· 5% for the years from thirty-five upwards.

ARTICLE 21 - REMARRIAGE

1. Entitlement to a survivor's or reversion pension shall cease on remarriage. The survivor shall be entitled to immediate payment of a capital sum equal to twice the annual amount of the pension, if there are no dependent children to whom the provisions of Article 24, paragraph 4 apply.

ARTICLE 22 - RIGHTS OF A FORMER SPOUSE

1. The non-remarried former spouse of a staff member or former staff member shall, on the latter's death, be entitled to a survivor's or reversion pension, provided that, at the time of his death, the staff member or former staff member was, by virtue of a court decision which has become final and binding, under an obligation to pay maintenance to the former spouse, in a personal capacity, but the survivor's or reversion pension shall not exceed the amount of such maintenance.

This entitlement shall not arise if the former spouse remarried before the staff member or former staff member died. If remarriage takes place after the staff member's or former staff member’s death, the provisions of Article 21 shall apply.

2. Where a staff member or former staff member dies leaving both a spouse entitled to a survivor's or reversion pension and a non-remarried former spouse fulfilling the conditions laid down in paragraph 1 above, the whole of the survivor's or reversion pension shall be divided between the before-mentioned persons in proportion to the duration of their marriages.

The amount to which a non-remarried former spouse is entitled shall however not be more than the amount of the maintenance payable at the time of the death of the staff member or former staff member.

3. Where one of the persons entitled to a survivor's or reversion pension dies or renounces his share or forfeits his rights under Article 35 or where the amount of his pension has been restricted under the terms of the second sub-paragraph of paragraph 2 above, his share shall accrue to the share of the other person, except where pension rights revert to orphans, as provided under the last sub-paragraph of Article 24, paragraph 3. In such a case, the restriction laid down in the second sub-paragraph of paragraph 2 above shall apply.

4. Reductions in respect of difference in age as provided for in Article 20 Article 20 - Reduction for Difference in Ageshall be applied separately to survivors' and reversion pensions calculated in accordance with the present Article.

ARTICLE 23 - COMMENCEMENT AND CESSATION OF ENTITLEMENT

1. Entitlement to a survivor's or reversion pension shall commence from the first day of the month following that in which the staff member or former staff member died. If the salary of a staff member who died in service continues to be paid to a surviving spouse or former spouse, directly and in full, under the Staff Regulations and Rules of the Organisation, payment of the pension of the person concerned shall be deferred accordingly.

2. Entitlement to a survivor's or reversion pension shall cease at the end of the month in which the recipient of the pension dies or ceases to satisfy the conditions for entitlement to that pension.

CHAPTER V

ORPHAN'S OR DEPENDANT'S PENSION

ARTICLE 24 - RATE OF ORPHAN'S PENSION

1. Where a staff member or former staff member receiving a retirement or invalidity pension or entitled to a deferred pension dies, his children shall be entitled to an orphan’s pension if they fulfil the conditions laid down in paragraph 2.

2. The legitimate, natural or adopted children of a staff member or former staff member who has died shall be entitled to an orphan’s pension:

i) when the deceased or his household provided their main and continuing support at the time of death; and

ii) when they satisfy the conditions of age, education or handicap required for the granting of the child’s allowance.

The legitimate or natural children of a deceased staff member or former staff member who were born not more than 300 days after his death shall also be entitled to an orphan’s pension.

3. Where there are one or more persons entitled to a survivor’s or reversion pension, the amount of the orphan’s pension shall correspond to the higher of the following amounts:

i) 40% of the survivor’s or reversion pension, no account being taken of reductions pursuant to Article 20; or

ii) 50% of the salary for grade C1, step 1, according to the scale in force when the former staff member’s pension was assessed, this amount being updated in accordance with the provisions of Article 36, or, if he was not receiving a retirement or invalidity pension, according to the scale in force at the time of death.

The orphan’s pension shall be increased, in respect of the second and every further beneficiary, by an amount equal to the allowance for a dependent child.

The orphan’s pension shall be brought up to the level provided for in paragraph 4 in the event of the beneficiaries of a survivor’s or reversion pension remarrying or losing their right to that pension.

4. Where there are no beneficiaries of a survivor’s or reversion pension, the orphan’s pension shall correspond to the higher of the following amounts:

i) 80% of the survivor’s or reversion pension, no account being taken of reductions pursuant to Article 20; or

ii) 100% of the salary for grade C1, step 1, according to the scale in force when the former staff member’s pension was assessed, this amount being updated in accordance with the provisions of Article 36, or, if he was not receiving a retirement or invalidity pension, according to the scale in force at the time of death.

The orphan’s pension shall be increased, in respect of the second and every further beneficiary, by an amount equal to twice the allowance for a dependent child.

5. The total amount of the orphan’s pension shall be divided equally among all the orphans.

ARTICLE 25 - RATE OF PENSION FOR OTHER DEPENDANTS

1. Where a staff member or former staff member receiving a retirement or invalidity pension or entitled to a deferred pension dies, the persons (including children not fulfilling the conditions laid down in Article 24) recognised as satisfying the conditions for the granting of the child’s or dependant’s allowance under the Staff Regulations and Rules of the Organisation shall be entitled to a dependant’s pension.

2. The pension paid to each dependant shall be equal to the lowest of the following amounts:

i) the amount, as recognised by the Organisation, of the support provided to that person by the staff member or former staff member at the time of his death;

ii) twice the amount of the dependant’s allowance in force in the Organisation at the time of the death of the staff member or former staff member; or

iii) where an orphan’s pension is paid, the amount of each orphan’s share pursuant to Article 24, paragraph 5.

ARTICLE 26 - COMMENCEMENT AND CESSATION OF ENTITLEMENT

1. The pensions provided for under Articles 24 and 25 shall be payable from the first day of the month following that in which the staff member or former staff member died.

2. The pensions under Articles 24 and 25 shall cease to be payable at the end of the month in which the child or other dependant ceases to satisfy the conditions for entitlement to the allowance for a dependent child or dependent person under the Staff Rules and Regulations of the Organisation.

ARTICLE 27 - BENEFICIARIES OF MORE THAN ONE CATEGORY

1. Where a staff member or former staff member leaves a spouse or former spouse, on the one hand, and children or dependent persons, on the other, with entitlement to a pension, the total pension, calculated as if for a surviving spouse having all these persons dependent on him, shall be apportioned among the various categories of persons concerned in proportion to the pensions which would have been payable to each category if treated separately.

2. Where there are children or dependent persons from different family groups, with entitlement to a pension, the total pension, calculated as though all were from the same family group, shall be apportioned among the various categories of beneficiaries in proportion to the pensions which would have been payable to each category if treated separately.

CHAPTER VI

FAMILY ALLOWANCES

ARTICLE 28 - GENERAL PROVISIONS

1. The family allowances comprising household allowance, children's and dependants' allowance, handicapped child allowance and education allowance granted under the Organisation's Staff Regulations and Rules shall be paid:

i) to the recipient of a retirement pension as from the age of 60;

ii) to the recipient of an invalidity pension;

iii) to the recipient of a survivor's or reversion pension.

2. Where the recipient of a pension referred to in paragraph 1, or his household, is entitled under another scheme to family benefits of a same nature for the same children or dependants, the Organisation shall only pay the difference between the amount of allowances to which he is entitled under the present scheme and that of the benefits received under the other scheme.

3. The household allowance shall be calculated by reference to the pension of the recipient.

4. The amount of the allowance for a child or other dependant payable to the recipient of a survivor’s or reversion pension shall be twice the normal amount.

5. Entitlement to the allowances provided for in this Article shall cease at the end of the month in which the conditions for entitlement to those allowances under the Staff Rules and Regulations of the Organisation are no longer satisfied.

CHAPTER VII

CEILING ON BENEFITS

ARTICLE 29 - CEILING ON BENEFITS

1. Where a staff member dies, the total amount payable in respect of survivor’s, orphan’s and dependant’s pensions and of family allowances shall not exceed the maximum of the retirement pension referred to in Article 10, paragraphs 2 and 3, together with the family allowances to which the deceased staff member was entitled. In any event, this total shall not exceed the last salary received by the staff member together with the family allowances to which he was entitled.

2. Where a former staff member receiving a retirement pension dies, the total amount payable in respect of reversion, orphan’s and dependant’s pensions and of family allowances shall not exceed the amount of the pension and family allowances received by the former staff member.

3. Where a former staff member entitled to a deferred or invalidity pension dies, the total amount payable in respect of reversion, orphan’s and dependant’s pension and of family allowances shall not exceed the amount of the retirement pension and family allowances he would have received if he had reached the statutory age limit at the time of his death.

4. The amounts payable in respect of survivor’s, reversion, orphan’s and dependant’s pensions shall, where applicable, be reduced in proportion to the share of each beneficiary.

CHAPTER VIII

PROVISIONAL PENSIONS

ARTICLE 30 - CONDITIONS OF ENTITLEMENT

1. Where a staff member, or former staff member entitled to a retirement or invalidity pension has been missing for more than one year in circumstances justifying a presumption of death, the persons entitled under him may provisionally be awarded a survivor's, reversion, orphan's or dependant’s pension, as appropriate.

2. The provisions of paragraph 1 above shall apply mutatis mutandis to persons recognised as dependants of a person in receipt of a survivor’s or reversion pension, who has been missing for more than one year.

3. Provisional pensions under paragraphs 1 and 2 above shall be converted into definitive pensions when the death of the staff member, former staff member, spouse or former spouse has been established officially or when that person has been declared missing by a final Court decision.

CHAPTER IX

DETERMINATION OF THE AMOUNTS OF BENEFITS

SECTION 1: ASSESSMENT OF ENTITLEMENT

ARTICLE 31 - ORGANISATION RESPONSIBLE FOR THE ASSESSMENT

1. The assessment of the benefits payable under these Rules shall be made by the Organisation with the assistance of the Joint Pensions Administrative Section.

2. A detailed statement of the assessment shall be communicated to the staff member or the persons entitled under him after approval by the Organisation on the advice of the Pensions Administrative Committee of the Co-ordinated Organisations referred to in Article 43, paragraph 1.

3. Until this approval has been given, pensions shall be paid on a provisional basis.

ARTICLE 32 - NO DOUBLE ENTITLEMENT

1. Without prejudice to the application of Articles 4 and 5, the following may not be paid concurrently out of the budgets of one or more of the organisations which have adopted the NPS:

i) a retirement and an invalidity pension as provided for in these Rules;

ii) a retirement or invalidity pension and a loss-of-employment indemnity not paid as a lump sum.

ARTICLE 33 - BASIS OF CALCULATION

1. Pensions provided for under the NPS shall be calculated at the time of their assessment by reference to the salary defined in Article 3 and to the scales applicable to the country of the staff member's or former staff member’s last posting.

2. However, if the former staff member settles subsequently:

i) in a Member State of the Organisation or of another Organisation of which he is a national, or

ii) in a Member State of the Organisation or of another Organisation of which his spouse is a national; or

iii) in a country where he has served the Organisation or another Organisation for at least five years,

he may opt for the scale applicable to the country in question. The option shall apply to only one of the countries referred to in this paragraph, and shall be irrevocable except where paragraph 3 below is applicable.

3. On the death of his spouse, a former staff member who settles in the country of which he is a national, or of which such deceased spouse was a national, may opt for the scale applicable in that country.

The same option shall be open to the surviving spouse or former spouse of a former staff member and to orphans who have lost both parents.

4. These options, available under paragraphs 2 and 3, shall be irrevocable.

5. If the staff member, spouse, former spouse or orphan opts for the scale of a country referred to in paragraph 2, but there is no scale approved by the Organisation for that country, the scale applicable to the country in which the Organisation responsible for paying his pension has its headquarters shall be applied temporarily until a scale has been adopted for the country chosen.

6. The amount of the pension based on the scale chosen shall be calculated in accordance with Article 36.

7. The provisions of paragraph 2 above do not apply to the benefits under Article 11. However, a staff member who settles in a country of which he is a national may have the leaving allowance provided for in Article 11 calculated in accordance with the scale for that country, provided such a scale was approved by the Organisation at the time of his departure.

ARTICLE 34 - RE-ASSESSMENT - CANCELLATION

1. The benefits provided for under the NPS may be re-assessed at any time in the event of error or omission of any kind. Any undue payments must be reimbursed. They may be deducted from the benefits payable to the person concerned or to the persons entitled under him or from the amounts due to his estate. The reimbursement may be spread over a period.

2. Benefits shall be subject to modification or cancellation if their award was contrary to the provisions of these Rules.

ARTICLE 35 - REQUIREMENT OF EVIDENCE - FORFEITURE OF RIGHTS

1. Persons who are eligible for benefits under these Rules shall notify the Organisation or the Joint Pensions Administrative Section of any facts which may affect their entitlement to benefits and to furnish such supporting evidence as may be required of them.

Should they fail to comply with these obligations, they may be deprived of the right to benefits under this Scheme; save in exceptional circumstances, they shall refund any sums received to which they were not entitled.

2. Where the surviving spouse, orphans or other dependants of a deceased staff member or former staff member fail to apply for their pension within twelve months from the date of his death, payment of the benefits under these Rules may, at the discretion of the Organisation, be postponed until the first day of the month following that in which they make their application.

3. Where a staff member's or former staff member’s former spouse referred to in Article 22 fails to apply for her pension within twelve months from the date of his death, his rights may, at the discretion of the Organisation, be wholly forfeited.

SECTION 2: ADJUSTMENT OF PENSIONS

ARTICLE 36 - ADJUSTMENT OF PENSIONS

1. The Organisation shall adjust pensions, every year, in accordance with the revaluation coefficients based on the consumer price index for the country of the scale used to calculate each pension.

It shall also adjust them in the course of the year, for any given country, when prices in that country show an increase of at least 6%.

2. At regular intervals, the Secretary General shall establish a comparison of the difference between increases in salary and increases in pensions, and may, where appropriate, propose measures to reduce it.

3. Where a person receiving a pension dies, and reversion, orphan’s or dependant’s pensions are due, the following calculation shall be made:

· pensions shall be calculated with reference to the scale in force at the date of the death of the staff member or of the assessment of the entitlement of the deceased former staff member;

· the amounts thus determined shall be updated, as from that date, by application of the pensions revaluation coefficients for the country in question.

4. Where a person receiving an invalidity pension not awarded under Article 14, paragraph 2 reaches the age limit laid down in the Staff Rules and Regulations, his invalidity pension shall be converted, in accordance with Article 17, paragraph 2, to a retirement pension calculated using the method referred to in paragraph 3 above.

5. Where the person receiving a pension exercises one of the options under Article 33, the following calculation shall be made:

· the pension shall be recalculated with reference to the scale in force at the date of its assessment for the country selected;

· the amount thus determined shall be updated, as from that date, by application of the pensions revaluation coefficients for the country in question.

SECTION 3: PAYMENT OF BENEFITS

ARTICLE 37 - MODE OF PAYMENT

1. Subject to the provisions of Article 11 and unless otherwise provided under these Rules, pensions, family allowances and provisions for tax adjustments shall be paid monthly in arrears.

2. These amounts shall be paid by the Organisation, or by the Joint Pensions Administrative Section if it has been empowered to do so.

3. Benefits shall be paid in the currency used in their calculation in accordance with Article 33.

4. Benefits shall be paid to the recipient by bank transfer to an account in the country whose scale was used for calculating these benefits, or in the country in which he resides.

ARTICLE 38 - SUMS OWED TO THE ORGANISATION

1. Any sum owed by a staff member, former staff member or pensioner to the Organisation which pays the pension at the date when the benefits are payable under these Rules shall be deducted from the amount of these benefits or from the benefits payable to those entitled under him. The deduction may be spread over a period.

ARTICLE 39 - RIGHT OF SUBROGATION

1. Where a staff member's invalidity or death is attributable to a third party, the award of the benefits provided for in these Rules shall in principle be made subject to the beneficiary assigning to the Organisation his claims against such third party, up to the amount of such benefits.

2. However, the Organisation may waive its right to take action pursuant to such subrogation against the third party concerned where special circumstances justify such a waiver.

CHAPTER X

FINANCING THE PENSION SCHEME

ARTICLE 40 - CHARGE ON BUDGETS

1. Benefits paid under this Pension Scheme shall be charged to the budgets of the Organisation responsible for the assessment of these benefits pursuant to Article 31.

2. The Member States of the Organisation jointly guarantee the payment of the benefits.

3. In the event of a merger, reconstitution or other transformation or in the event of dissolution of the Organisation, the Council or any ad hoc body set up, where required in one of the aforementioned cases, shall take the necessary measures to ensure uninterrupted payment of the Pension Scheme benefits until the cessation of entitlement of the last beneficiary.

4. Should a country, being a Member or ex-Member of the Organisation, fail to comply with its obligations under this Article, the other countries shall meet the cost thereof in proportion to their contribution to the budget of the Organisation as fixed annually from and after the said country’s default.

ARTICLE 41 - STAFF MEMBER'S CONTRIBUTION - COSTING THE SCHEME

1. Staff members shall contribute to the NPS.

2. The staff members' contribution shall be calculated as a percentage of their salaries and shall be deducted monthly.

3. The rate of the staff contribution shall be set so as to represent the cost, in the long term, of 40% of the benefits provided under these Rules. The rate shall be 8.8%. This rate shall be reviewed by 2004 at the latest, and then every five years, on the basis of an actuarial study the procedures for which shall be laid down by the governing body of the Organisation.

4. Contributions properly deducted shall not be recoverable. Contributions improperly deducted shall confer no rights to pension benefits; they shall be refunded at the request of the staff member concerned or those entitled under him without interest.

CHAPTER XI

PROVISIONS RELATING TO ADJUSTMENT OF PENSIONS

ARTICLE 42 - PENSIONS WHICH ARE SUBJECT TO NATIONAL TAX LEGISLATION

1. The recipient of a pension under these Rules shall be entitled to the adjustment applying to the Member State of the Organisation in which the pension and adjustment relating thereto are chargeable to income tax under the tax legislation in force in that country.

2. The adjustment shall equal 50% of the amount by which the recipient's pension would theoretically need to be increased, were the balance remaining after deduction of the amount of national income tax or taxes on the total to correspond to the amount of the pension calculated in accordance with these Rules.

For such purpose, there shall be drawn up, for each Member State, in accordance with the Implementing Instructions referred to in paragraph 6, tables of equivalence specifying, for each amount of pension, the amount of the adjustment to be added thereto. The said tables shall determine the rights of the recipients.

3. In calculating the theoretical amount of income tax or taxes referred to in paragraph 2 of this Article, account shall be taken only of the provisions of tax legislation and regulations affecting the basis of liability and the amount of income tax or taxes for all pensioner-taxpayers in the country concerned.

4. Pensioners without spouse or dependants shall be deemed to be in the position of a pensioner without entitlement to any tax reliefs or allowances for family responsibilities, all other recipients being deemed to be pensioners enjoying the tax reliefs and allowances of a person who is married without children.

No account shall be taken:

· of individual factors related to the personal circumstances or private means of a particular pensioner,

· of income other than that arising under these Rules,

· of the income of the spouse or dependants of the pensioner.

On the other hand, account shall, in particular, be taken of circumstances arising in the course of the year as a result of:

· a change in civil status or settlement in another place of residence with a different taxation system,

· commencement or cessation of payment of the pension.

5. The Organisation shall supply the Member States concerned with the names, forenames and full address of pensioners and the total amount of the pension and adjustment.

6. The recipient of an adjustment as specified in this Article shall be required to inform the Organisation of his full address and of any subsequent change therein.

Such recipient shall produce evidence of his pension and the relative adjustment having been declared or taxed; should he fail to comply with this obligation, he shall be deprived of the right to this adjustment and shall refund any amounts unduly received in this respect.

7. The other procedures for calculating the adjustment and, in particular, those necessitated by the special features of certain national tax laws, and the procedure for payment of the adjustment shall be laid down in the Implementing Instructions established in accordance with the tax legislation of Member States.

CHAPTER XII

FINAL PROVISIONS

ARTICLE 43 - PENSIONS ADMINISTRATIVE COMMITTEE OF THE CO-ORDINATED ORGANISATIONS

1. The Pensions Administrative Committee of the co-ordinated organisations, created by the Standing Committee of Secretaries-General, shall give technical opinions and, where necessary, ensure appropriate co-ordination between the Organisation and the other Organisations.

ARTICLE 44 - DETAILED IMPLEMENTATION

1. Instructions for the implementation of these Rules shall be drawn up by the Secretary-General of the Organisation after an opinion of the Pensions Administrative Committee of the co-ordinated organisations.

ARTICLE 45 - ENTRY INTO FORCE

1. These Rules shall enter into force on the 1^st of January 2003.

Appendix 36
(Item 11.5)

Resolution Res(2002)55
amending Article 6 of Appendix I to the Staff Regulations
(Regulations on staff participation)

(Adopted by the Committee of Ministers on 27 November 2002
at the 818th meeting of the Ministers' Deputies)

Article 6 - Regulations within the competence of the Committee of Ministers ⁶

1. The Secretary General and the Staff Committee shall consult each other on any draft that either intends to submit to the Committee of Ministers on matters which come within the competence of the Committee of Ministers under Article 16 of the Statute of the Council of Europe and which relate to:
- alteration or amendment of the Staff Regulations,
- alteration, amendment or adoption of other regulations concerning the staff.

2. The Secretary General shall keep the Staff Committee informed of any proceedings before the Committee of Ministers in pursuance of Article 16 of the Statute of the Council of Europe which relate to the matters referred to in paragraph 1 above.

3. The Staff Committee will be consulted on all proposals regarding general guidelines for staff policy.

Appendix 37
(Item 11.5)

Resolution Res(2002)56
amending Articles 6, 7, 8, 12, 18 and 26 of Appendix II to the Staff Regulations
(Regulations on appointments)

(Adopted by the Committee of Ministers on 27 November 2002
at the 818th meeting of the Ministers' Deputies)

I. ARTICLE 6

Article 6 - Choice of appointment procedure ⁷

1. In the case of a vacant post and without prejudice to the provisions of Articles 5, paragraph 2, 25, 26, paragraph 1, and 27, the Secretary General shall decide, having regard to the provisions of Article 12 of the Staff Regulations, whether the post in question should be filled through recourse to the external recruitment procedure or thrown open to internal competition among existing staff and, in the case of external recruitment, whether it is in principle envisaged that at the end of the probationary period confirmation in post shall be for an indefinite duration or for a fixed term.

2. In the case of beginning-of-career posts in category A, the Secretary General may hold a competitive examination confined to the nationals of one or more of the member states which are underrepresented in the Secretariat. Further, in exceptional cases, the Secretary General may hold for a vacant post a competitive examination confined to the nationals of one or more member states, whatever the category and grade of the post concerned and regardless of whether the state or states in question are underrepresented.

3. The decision shall be taken on the basis of an opinion of the Bureau of the Appointments Board. This opinion shall be formulated after consultation of the Director or Head of Department responsible for the post to be filled and shall refer to his or her views.

II. ARTICLE 7

Article 7 - Advertising of vacant posts ⁸

1. Except in the cases provided for in Articles 5, paragraph 2, 15, paragraph 3, 26, paragraph 1, and 27 and subject to the provisions of Article 25 of these regulations, all vacancies shall be advertised in accordance with the provisions of this article.

2. If the external recruitment procedure is followed, the vacancy shall be brought to the knowledge of:

a. the Permanent Delegations, if the post is in category A, L or B;
b. members of the Secretariat, by means of a notice posted on the premises, so that they can compete, subject to the provisions of Article 6, paragraph 2;
c. the public, where necessary, by means of suitable advertisements.

3. If the internal competition procedure is followed, the vacant post shall be suitably notified within the Secretariat. If the post is in category A, L or B, the Permanent Delegations shall receive a copy of the notice for information.

4. The notice shall describe the duties attaching to the vacant post, and state the conditions for eligibility, the qualifications required of candidates and the time-limit for submission of applications. The time-limit shall be not less than three weeks in the case of internal competition and not less than six weeks in the case of external recruitment. In the cases of force majeure or in exceptional circumstances the Secretary General may extend the time-limit by up to four weeks.

III. ARTICLE 8

Article 8 - Applications ⁹

Applications shall be admissible only if they comply with the conditions set out in the vacancy notice.

IV. ARTICLE 12

Article 12 - Recruitment Panel I ¹⁰

1. The Recruitment Panel I shall comprise:
- the four members of the Bureau;
- two other staff members chosen by the Secretary General with reference to the nature
and level of the post or posts to be filled;
- two staff members appointed by the Staff Committee.

2. The Secretary General may, if he or she sees fit, in view of the nature of the vacant post, invite one or two persons from outside the Council to sit on the Panel in an advisory capacity.

The staff member responsible for equal opportunity policy at the Human Resources Division may also sit on the Panel in an advisory capacity.

3. The Chair of the Panel shall be the Director General of Administration and Logistics or the Director of Human Resources ^{http://home.coe.int/t/E/D.H.R/04_Regulations/1_Staff_regulations/} or a staff member of the Directorate of Human Resources and of grade A4 at least, who has completed at least 5 years service in the Secretariat, designated to this end by the Director General of Administration and Logistics.

4. Sessions of the Panel shall be valid only if at least five members are present.

5. The Recruitment Panel I shall be responsible for any competitive examination or selection based on qualifications that is conducted as part of the external recruitment procedure when the post to be filled is in category A or L or of grade B4, B5 or B6, even where the applicants include staff members already in post. The Panel shall:
- draw up a list of applicants invited to compete;
- decide whether tests or examinations are to be held, make arrangements for their
organisation, set the subjects of the papers, and appoint the examiners;
- assess the results of such tests and examinations;
- interview the applicants; where written tests or examinations have been held, only those
applicants who have obtained satisfactory results shall be interviewed.

6. At the end of the procedure the Panel, after having listed the applicants in order of merit, shall submit a recommendation to the Secretary General.

V. ARTICLE 18

Article 18 - Probationary period ¹¹

1. The probationary period is a trial and training period and shall last:

two years, subject to the special provisions concerning staff recruited to grade A6 or A7;


The probationary period may be reduced in the case of a contract for a fixed term of less than two years. However, the probationary period may not be shorter than six months. The probationary period may be extended by one year, in the cases provided for in Article 20, paragraph 3, and 21, paragraph 3.

2. Where the probationary period has been interrupted for reasons outside the staff member's control, the Secretary General may, on the advice of Recruitment Panel I or, in the case of B1 to B3 or category C staff, of Recruitment Panel II, extend it by the length of the interruption.

3. During the probationary period, the staff member shall be assigned to a department or to different departments in turn. He/she shall be entrusted with duties corresponding to his or her grade to enable him or her to acquire the necessary training under the supervision of his or her superiors. At the same time, the staff member shall receive instruction from the administrative department responsible for in-service training in the aims, structure and functioning of the Council.

4. When a staff member has been authorised to work part time during all or part of the probationary period, the probationary period shall be increased by a duration equal to the reduction of the working time granted to the staff member.

VI. ARTICLE 26

Article 26 - Special appointments procedures ¹²

1. The Registrar of the European Court of Human Rights shall be elected by the Plenary Court after the President has obtained the opinion of the Secretary General, and the Deputy Registrar shall be elected after the opinions of the Secretary General and of the Registrar have been obtained ¹³ ; the Secretary General shall make the appointment accordingly.

2. Without prejudice to the other provisions of these Regulations, appointment of the staff members listed below shall be subject to observance of the following existing procedures:

a. staff members of the Registry of the European Court of Human Rights other than the Registrar and Deputy Registrars are appointed by the Secretary General with the agreement of the President or Registrar;

b. the Head and technical staff of the European Directorate for the Quality of Medicines are appointed by the Secretary General on the advice of the Directorate and of the Commission for the European Pharmacopeia insofar as staff members working for the Secretariat of the Commission for the European Pharmacopeia are concerned ¹⁴ .

c. The Chief Executive of the Congress of Local and Regional Authorities of Europe (CLRAE) shall be elected by the Congress after the President has obtained the opinion of the Secretary General; the Secretary General shall make the appointment accordingly.
The Secretary General shall also appoint a Deputy Chief Executive after consultation of the Bureau of the CLRAE ¹⁵ .
In relation to the Secretaries of each Chamber, the Secretary General shall appoint them after an informal exchange of views with the President of the Chamber concerned, during which he or she shall communicate his or her intentions and the reasons for his or her choice.

d ¹⁶ . The Executive Council of the Audiovisual Observatory designates the Executive Director of the Observatory, in view of his or her appointment by the Secretary General of the Council of Europe ¹⁷ . The personnel of the Secretariat of the Observatory is appointed by the Secretary General with the Agreement of the Executive Director.

Appendix 38
(Item 11.5)

Resolution Res(2002)57
amending Articles 1 and 12 of Appendix IX to the Staff Regulations
(Regulations on part time work)

(Adopted by the Committee of Ministers on 27 November 2002
at the 818th meeting of the Ministers' Deputies)

I. ARTICLE 1

Article 1 ¹⁸

1. These Regulations, issued pursuant to Article 52 of the Staff Regulations, are intended to lay down the conditions on which staff members may, on request, be authorised by the Secretary General to work part time provided that such an arrangement is compatible with the exigencies of the service.

2. Part-time work is to be understood as meaning any reduced working time arrangement whereby a staff member is authorised to work 50%, 80% or 90% of statutory hours together with a corresponding salary reduction.

II. ARTICLE 12

Article 12

Article deleted.

Note ⁽ There was no decision under this item.

Note ¹ States concerned: Austria, Belgium, Cyprus, Denmark, Finland, France, Germany, Ireland, Italy, Luxembourg, Netherlands, Norway, Portugal, Slovenia, Spain, Sweden, Switzerland, United Kingdom.

Note ¹ States concerned: Austria, Belgium, Bosnia and Herzegovina, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Luxembourg, Netherlands, Norway, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland, "the former Yugoslav Republic of Macedonia", Turkey and United Kingdom.

Note ¹ States concerned: Albania, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Netherlands, Norway, Poland, Portugal, Romania, San Marino, Slovakia, Slovenia, Spain, Sweden, Switzerland, "the former Yugoslav Republic of Macedonia" and Turkey.

Note ¹ States concerned: Austria, Azerbaijan, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Russian Federation, San Marino, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey and United Kingdom.

Note ¹ States concerned: Albania, Armenia, Azerbaijan, Belgium, Bulgaria, Croatia, Cyprus, France, Georgia, Greece, Luxembourg, Malta, Moldova, Portugal, Romania, Russian Federation, San Marino, Spain, "the former Yugoslav Republic of Macedonia", Turkey and Ukraine.

Note ¹ States concerned: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Luxembourg, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland and Turkey.

Note ¹ States concerned: Austria, Croatia, Cyprus, Finland, France, Hungary, Ireland, Italy, Luxembourg, Malta, Netherlands, Portugal, San Marino, Spain and Switzerland.

Note ¹ States concerned: Albania, Andorra, Armenia, Austria, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland and "the former Yugoslav Republic of Macedonia" and United Kingdom.

Note ¹ Austria, Croatia, Cyprus, Finland, France, Hungary, Ireland, Italy, Luxembourg, Malta, Netherlands, Portugal, San Marino, Spain and Switzerland.

Note ¹ An amount of € 70 000 under Vote IV, Head 0401: Sub-head 0000009 – Emoluments and allowances of the ad hoc judges will remain frozen.

Note ¹ States concerned: Austria, Belgium, Cyprus, Denmark, Finland, France, Germany, Ireland, Italy, Luxembourg, Netherlands, Norway, Portugal, Slovenia, Spain, Sweden, Switzerland, United Kingdom.

Note ¹ States concerned: Austria, Belgium, Cyprus, Denmark, Finland, France, Germany, Ireland, Italy, Luxembourg, Netherlands, Norway, Portugal, Slovenia, Spain, Sweden, Switzerland and United Kingdom.

Note ¹ States concerned: Austria, Belgium, Bosnia and Herzegovina, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Luxembourg, Netherlands, Norway, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland, "the former Yugoslav Republic of Macedonia", Turkey and United Kingdom.

Note ¹ States concerned: Austria, Belgium, Bosnia and Herzegovina, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Luxembourg, Netherlands, Norway, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland, “the former Yugoslav Republic of Macedonia”, Turkey and United Kingdom.

Note ¹ States concerned: Albania, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Netherlands, Norway, Poland, Portugal, Romania, San Marino, Slovakia, Slovenia, Spain, Sweden, Switzerland, "the former Yugoslav Republic of Macedonia" and Turkey.

Note ¹ States concerned: Albania, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Netherlands, Norway, Poland, Portugal, Romania, San Marino, Slovakia, Slovenia, Spain, Sweden, Switzerland, “the former Yugoslav Republic of Macedonia” and Turkey.

Note ¹ States concerned: Austria, Azerbaijan, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Russian Federation, San Marino, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey and United Kingdom.

Note ¹ States concerned: Austria, Azerbaijan, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Russian Federation, San Marino, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey and United Kingdom.

Note ¹ States concerned: Albania, Armenia, Azerbaijan, Belgium, Bulgaria, Croatia, Cyprus, France, Georgia, Greece, Luxembourg, Malta, Moldova, Portugal, Romania, Russian Federation, San Marino, Spain, "the former Yugoslav Republic of Macedonia", Turkey and Ukraine.

Note ¹ States concerned: Albania, Armenia, Azerbaijan, Belgium, Bulgaria, Croatia, Cyprus, France, Georgia, Greece, Luxembourg, Malta, Moldova, Portugal, Romania, Russian Federation, San Marino, Spain, “the former Yugoslav Republic of Macedonia”; Turkey and Ukraine.

Note ¹ States concerned: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Luxembourg, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland and Turkey.

Note ¹ States concerned: Albania, Andorra, Armenia, Austria, Azerbaijan, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Netherlands, Norway, Poland, Portugal, Romania, Russian Federation, San Marino, Slovakia, Slovenia, Spain, Sweden, Switzerland, “the former Yugoslav Republic of Macedonia”, Turkey, Ukraine and United Kingdom.

Note ¹ States concerned: Austria, Croatia, Cyprus, Finland, France, Hungary, Ireland, Italy, Luxembourg, Malta, Netherlands, Portugal, San Marino, Spain and Switzerland.

Note ¹ States concerned: Austria, Croatia, Cyprus, Finland, France, Hungary, Ireland, Italy, Luxembourg, Malta, Netherlands, Portugal, San Marino, Spain and Switzerland.

Note ¹ States concerned: Albania, Andorra, Armenia, Austria, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, "the former Yugoslav Republic of Macedonia" and United Kingdom.

Note ¹ States concerned: Albania, Andorra, Armenia, Austria, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, “the former Yugoslav Republic of Macedonia” and United Kingdom.

Note ¹ States concerned: Austria, Croatia, Cyprus, Finland, France, Hungary, Ireland, Italy, Luxembourg, Malta, Netherlands, Portugal, San Marino, Spain and Switzerland.

Note ² Excepting staff members recruited on or after 1 January 2003 who were recruited under the special procedures for integration as permanent staff members of long-serving temporary staff members (CM/Del/Dec(2002)818/11.4)

Note ³ Due to the technical complexity of this text, the provisions of Instruction 33 have not been strictly applied. It is understood that all references to the masculine include the feminine and vice-versa.

Note ⁴ Excepting staff members recruited on or after 1 January 2003 who were recruited under the special procedures for integration as permanent staff members of long-serving temporary staff members (CM/Del/Dec(2002)818/11.4)

Note ⁽ Unless otherwise specified, the term “provisions laid down by Instruction” refers, throughout these Rules, to the implementation provisions in Article 44.

Note ⁵ Paragraphs 1 and 2 of this Article shall only apply inasmuch as another Organisation has adopted the NPS.

⁽ See Article 33, paragraph 7.

Note ⁽ Wherever it occurs in these Rules, the expression “surviving spouse” applies indifferently to the wife or husband of the deceased staff member.

Note ⁶ As modified by Resolution Res(2002)55 of 27 November 2002.

Note ⁷ As modified by Resolutions (88)1 of 14 January 2002 and Res(2002)56 of 27 November 2002.

Note ⁸ As amended by Resolutions (88) 1 of 14 January 1988 and Res(2002)56 of 27 November 2002.

Note ⁹ As amended by Resolutions (88) 1 of 14 January 1988 and Res(2002)56 of 27 November 2002.

Note ¹⁰ As amended by Resolutions (88) 1 of 14 January 1988, Res(2001) 7 of 18 July 2001 and Res(2002)56 of 27 November 2002.

Note ¹¹ As amended by Resolutions Res(2001)47 of 12 December 2001 and Res(2002)56 of 27 November 2002.

Note ¹² As amended by Resolution Res(2002)56 of 27 November 2002.

Note ¹³ Articles 11 and 12 of the Rules of the European Court of Human Rights.

Note ¹⁴ Article 9 of the Convention on the Elaboration of a European Pharmacopeia.

Note ¹⁵ Article 15 of the Charter of the Congress of Local and Regional Authorities of Europe, adopted at the 702nd meeting of the Minister Deputies on 15 March 2000, as Appendix to the Statutory Resolution Res(2000)1.

Note ¹⁶ This paragraph is subject to the continuity of the Partial Agreement and to the availability of budgetary credits.

Note ¹⁷ As defined by Resolution Res(2000)7 concerning the amendments to the Statute of the European Audiovisual Observatory, adopted by the Committee of Ministers on 21 September 2000, at their 722nd meeting.

Note ¹⁸ As amended by Resolution Res(2002)57 of 27 November 2002.