Staff paid from the administrative appropriations and staff paid from the research and technological development appropriations serving in Directorate-General III and Directorate-General XIII
Exercise of the powers conferred by the Staff Regulations on the appointing authority and by the Conditions of Employment of Other Servants on the authority responsible for concluding contracts of employment in respect of staff paid from the administrative appropriations and staff paid from the research and technological development appropriations serving in Directorate-General III and Directorate-General XIII
The powers conferred by the Staff Regulations on the appointing authority and by the Conditions of Employment of Other Servants on the authority responsible for concluding contracts of employment are exercised in accordance with the following conditions:
- The Commission adopts the general provisions for giving effect to the Staff Regulations and the rules requiring agreement between the institutions.
- The powers conferred on the appointing authority by Article 90(2) of the Staff Regulations are exercised by the Member of the Commission responsible for personnel matters, except where the contested decision has been taken by the Commission or by the Member of the Commission himself. In this case the powers concerned are exercised by the Commission.
The power to sign favourable replies to complaints is delegated to the Director-General for Personnel and Administration.
- The powers conferred on the appointing authority by Articles 25 and 90(1) of the Staff Regulations are exercised by those designated as appointing authorities under these provisions.
- Where a provision of the Staff Regulations which is applicable by analogy or by virtue of a reference to other servants confers powers on the appointing authority, the appointing authority exercises these powers as the authority responsible for concluding contracts of employment in respect of the staff covered by the Conditions of Employment of Other Servants.
- The powers (other than those referred to above) conferred by the Staff Regulations on the appointing authority and by the Conditions of Employment of Other Servants on the authority responsible for concluding contracts of employment in respect of staff paid from the administrative appropriations and staff paid from the research and technological development appropriations serving in Directorate-General III and Directorate-General XIII are exercised in accordance with the conditions laid down in the tables below.
- The powers conferred by the Staff Regulations and the Conditions of Employment of Other Servants not included in the tables below are exercised by the Director-General for Personnel and Administration.
- If the Director-General for Personnel and Administration is unable to act, the powers conferred on him by these provisions are exercised by the Deputy Director-General with the most seniority in the highest grade. If he is unable to act, his place is taken by the longest-serving official present or, in the event of equal length of service, by the oldest official in the highest category and grade.
- The powers held by the Commission in respect of A3 and A4-5 officials and temporary staff Heads of Unit or Advisers listed in Tables I and II to the points I-2 (promotion A3 Second filière and consideration of possibility of transfer), I-8, II-2 and II-8) and in Tables III, IV and XI are delegated to the Member of the Commission responsible for personnel and administration, in accordance with the following conditions.
- He must obtain the assent of the President of the Commission and of the Members of the Commission responsible for the Directorates-General or departments to which the official belongs and would belong if the decision in question took effect. Should the Members disagree, the power is exercised by the Commission.
- Decisions taken under this delegation procedure are notified to the Commission. They become final on the sixth working day after notification, unless a Member of the Commission lays the matter before the Commission within that time.
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- The powers held by the Directors-General in respect of A3 and A4-5 officials and temporary staff, Heads of Unit or Advisers listed in tables I-1 and 2 (filling of vacant post by transfer/promotion), III-1 (transfer) and 5 (transfer to another service) are exercised in accordance with the simplified procedure, the assent of the Member of the Commission responsible, the Member of the Commission responsible for personnel and administration and the President having first been obtained.
- The powers concerning managerial staff of grades A1-A5 in the case of mobility within the Directorate-General are exercised by the Directorate-General concerned after the agreement of the Commissioner responsible.
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- The powers held by the Member of the Commission responsible for personnel and administration in respect of A3-8, B, C and D officials and temporary staff listed in Table VI (points 2, 3, 6, 7 and 8) below are delegated to the Director-General for Personnel and Administration.
- The powers held by the Member of the Commission responsible for personnel and administration in respect of A3-8, B, C and D officials and temporary staff listed in Table III (point 11), IV (point 5) and VI (points 1, 4, and 5) below are exercised jointly by delegation by the Director-General for personnel and administration, the Director-General of the official or temporary agent concerned and a third Director-General designated by the Secretariat General. The decision is taken by a majority of these three Directors-General.
- The powers held by the Commission in respect of A1-A2 officials and temporary agents listed in table VI point 2 are delegated to the Member of the Commission responsible for personnel and administration in agreement with the President.
- The powers exercised in respect of A officials are also exercised in respect of LA officials.
- The special rules applicable to staff serving with the Unified External Service in non-member countries are laid down in Table X.A below. In the case of A1 and A2 staff the powers in question are exercised by the Commission. In the case of middle-management staff (A3/4/5), the powers of the appointing authority as regards the filling of vacant posts and career are exercised jointly by the Member of the Commission responsible for personnel and administration and by the Member of the Commission responsible for the Unified External Service, in agreement as appropriate with the other Members of the Commission geographically concerned. In the case of A staff who are not middle management and in the case of other categories of staff, the powers in question are exercised in accordance with Table X.A below.
The special rules applicable to officials serving with the Delegations of the Unified External Service to international bodies located in a Member State are laid down in Table X.C.
- The powers of the authority responsible for concluding contracts of employment in respect of local staff recruited in non-member countries for the Unified External Service are exercised by the Director-General responsible for the Service, by the Heads of Delegation (within their Delegation only) and by the Heads of Unit within the Directorate-General responsible for the Unified External Service, in accordance with Table X.B below.
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