An interpretation of the charge dependent correlations sensitive to the Chiral Magnetic Effect (CME) -- the separation of the electric charges along the system magnetic field (across the reaction plane) -- is ambiguous due to a possible large background (non-CME) effects. The background contribution is proportional to the elliptic flow $v_2$; it is the largest in measurements relative to the participant plane, and is smaller in measurements relative to the flow plane determined by spectators, where the CME signal, on opposite, is likely larger. In this note I discuss a possible strategy for corresponding experimental measurements, and list and evaluate different assumptions related to this approach.