Administratives
10.08.2001
COMMISSION, TOUS LIEUX D'AFFECTATION
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| Informations Administratives 10.08.2001 | N° 75-2001 COMMISSION, TOUS LIEUX D'AFFECTATION |
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THE EUROPEAN COMMISSION, HAVING REGARD TO the Commission Decision of 21 January 1998 on the 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, as amended by the Commission Decision of 16 June 1999, and in particular points 10(a) and 9(a) of Annexes I and II thereof respectively, WHEREAS that Decision establishes, as regards the exercise of certain powers in disciplinary matters, different competent authorities based on the assignment of the official or agent concerned by the disciplinary proceedings and the budget from which he or she is paid; WHEREAS Annex I to the Commission Decision of 21 January 1998 covers the 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 (former) Directorate-General III and Directorate-General XIII; WHEREAS Annex II to the Commission Decision of 21 January 1998 covers the 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 research and technological development appropriations other than those serving in (former) Directorate-General III and Directorate-General XIII; WHEREAS point 10(a) of Annex I to the Commission Decision of 21 January 1998 lays down that "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"; WHEREAS, accordingly, the appointing authority/authority responsible for concluding contracts of employment, which is responsible for the hearing and commencement of procedure, referring cases to the Disciplinary Board, reopening of proceedings where new facts emerge, suspending members of staff in the event of serious misconduct and deleting references to the disciplinary measures in personal files, is the Director-General for Personnel and Administration in respect of A3-8, B, C and D officials and temporary staff paid from the administrative appropriations and staff paid from the research and technological development appropriations serving in (former) Directorate-General III and Directorate-General XIII; WHEREAS point 9(a) of Annex II to the Commission Decision of 21 January 1998 lays down that "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 Science, Research and Development and the Director-General of the Joint Research Centre in the case of officials and temporary staff serving in these Directorates-General and paid from the research and technological development appropriations"; WHEREAS, accordingly, the appointing authority/authority responsible for concluding contracts of employment, which is responsible for the hearing and commencement of procedure, referring cases to the Disciplinary Board, reopening of proceedings where new facts emerge, suspending members of staff in the event of serious misconduct and deleting references to the disciplinary measures in personal files, is the Director-General for Science, Research and Development or the Director-General of the Joint Research Centre in respect of A3-8, B, C and D officials and temporary staff paid from the administrative appropriations and staff serving in these Directorates-General and paid from the research and technological development appropriations; WHEREAS experience shows that the present multiplicity of competent authorities for disciplinary matters may, in certain cases, hinder a consistent and uniform approach. This is true in particular when a disciplinary case concerns officials and temporary staff paid from the administrative and research appropriations; WHEREAS the disciplinary powers covered by points 10(a) of Annex I and 9(a) of Annex II should therefore be delegated to a single appointing authority/authority responsible for concluding contracts of employment, irrespective of the assignment of the official or agent concerned by the disciplinary proceedings and the budget from which he or she is paid; WHEREAS the devolution of this power to the Director-General for Personnel and Administration is justified by the fact that he disposes of all the necessary expertise and a special unit for disciplinary matters; HAS ADOPTED THIS DECISION: Article 1 Point 9(a) of Annex II of the Commission Decision of 21 January 1998 is replaced by the following: "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 in the case of officials and temporary staff serving in Directorate-General Research and Directorate-general Joint Research Centre and paid from the research and technological development appropriations." Article 2 This Decision shall enter into force on the day after it is adopted by the Commission. | |
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Direction B.9 Procédures disciplinaires et administratives Editeur : Personnel et Administration Direction C : Ateliers de reproduction | |