4.3.2011 Official Journal of the European Union L 59/41 DECISIONS COUNCIL DECISION of 28 February 2011 amending Decision 2010/248/EU adjusting the allowances provided for in Decision 2003/479/EC and Decision 2007/829/EC concerning the rules applicable to national experts and military staff on secondment to the General Secretariat of the Council (2011/138/EU) THE COUNCIL OF THE EUROPEAN UNION, HAS ADOPTED THIS DECISION: Having regard to the Treaty on European Union, and in Article 1 particular Article 41(1) thereof, Decision 2010/248/EU is hereby amended as follows: Having regard to the Treaty on the Functioning of the European (1) Article 1(1) is replaced by the following: Union, and in particular Article 240(2) thereof, ‘1. In Article 15(1) of Decision 2003/479/EC and in Whereas: Article 15(1) of Decision 2007/829/EC, the amounts EUR 30,75 and EUR 122,97 shall be replaced by EUR 31,89 and EUR 127,52 respectively.; (1) Article 15(7) of Council Decision 2003/479/EC (') and Article 15(6) of Council Decision 2007/829/EC (?) provide that the daily and monthly allowances of national experts and military staff on secondment to the General Secretariat of the Council are to be adjusted each year without retroactive effect on the basis of the adaptation of the basic salaries of Union officials in Brussels and Luxembourg. (2) Article 1(2) is replaced by the following: 2. In Article 15(2) of Decision 2003/479/EC and in Article 15(2) of Decision 2007/829[EC, the table shall be replaced by the following: (2)  Council Decision 2010/248/EU (%) applied the rates set in Orig?rlls?:geplfaectewzefns er’clgzzrgint Amount in EUR Council Regulation (EU, Euratom) No 1296/2009 of (in km) 23 December 2009 adjusting with effect from 1 July 2009 the remuneration and pensions of officials and 0-150 0,00 other servants of the European Union and the correction coefficients applied thereto (¥, with effect from 1 May > 150 8196 2010. ’ > 300 145,72 (3) By judgment dated 24 November 2010 in Case C-40/10, the Court of Justice annulled Article 2 and Articles 4 to >500 236,81 18 of Regulation (EU, Euratom) No 1296/2009 which set the rate of the 2009 annual adaptation at + 1,85 %. > 800 382,54 The Council, by means of Regulation (EU, Euratom) No 1190/2010 (°), amended Regulation (EU, Euratom) No - 1300 50113 1296/2009, setting the rate of the 2009 annual adap- ’ tation at + 3,7 %. >2000 719,55"; (4)  Decision 2010/248/EU should be amended accordingly, 160, 28.6.2003, p. 72, (3) Article 1(3) is replaced by the following: () oL () OJ L 327, 13.12.2007, p. 10. () O] L 110, 1.5.2010, p. 31. _ N (4 O] L 348, 29.12.2009, p. 10. ‘3. In Article 15(4) of Decision 2003/479/EC the amount () OJ L 333, 17.12.2010, p. 1. EUR 30,75 shall be replaced by EUR 31,89..