COMMISSION DECISION
Exercise of 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 budget serving in the Directorates-General for Enterprise and for the Information Society
COMMISSION DECISION of 09/11/2001
THE EUROPEAN COMMISSION,
Having regard to the Commission Decision of 21 January 1998 on the exercise of 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 Decisions of 16 June 1999 and 11 July 2001,
Whereas:
- On 21 January 1998 the Commission decided, within the framework of the Modernisation of Administration and Personnel policy for the year 2000 (MAP 2000), that a number of steps should be taken to simplify and decentralise staff management decisions and procedures.
- The present Decision affects only Sections I to IX and XI and XII of the tables and the introduction to Annex I to the Decision of 21 January 1998, as amended by the Commission Decisions of 16 June 1999 and 11 July 2001 on the exercise of 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 budget and staff paid from the research and technological development budget serving in the Directorates-General for Enterprise and for the Information Society.
- Annex II to the Decision of 21 January 1998, as amended by the Commission Decision of 16 June 1999 on the exercise of 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 budget, with the exception of staff serving in DG Enterprise and DG Information Society, is unchanged at this stage.
- The Communication from the Commission to the Council and the European Parliament concerning the development of the External Service specifies that "the other aspects of the management of the External Service will be the subject of separate decisions later this year, which will be formulated in line with the overall proposals for management reform in the Commission", and whereas Annex X to the 1998 Decision, as amended by the Commission Decision of 16 June 1999 will not, therefore, be amended until later and is unchanged at this stage.
- The guidelines adopted by the Commission in the White Paper on administrative reform specify in particular that it is advisable to improve administrative procedures at the Commission regarding the implementation of the Staff Regulations, so as to guarantee that rules are applied properly and in the most effective, clear and consistent manner possible in the interests of transparency and fairness.
- The interim action plan on the simplification of procedures and working methods and, in particular, Action 7 - on rationalising the decisions of the appointing authority and the authority responsible for concluding contracts of employment - and Action 8 are aimed at reducing the workload of the President of the Commission in his capacity as the appointing authority and the authority responsible for concluding contracts of employment.
- It is advisable to specify precisely the powers and responsibilities of everyone concerned as regards the various measures provided for in the Staff Regulations while guaranteeing harmonised implementation of the human resources policy throughout the Institution.
- The Commission has underlined that greater decentralisation of administrative management for implementation tasks is one of the components which can streamline the use of human resources in the context of a modern and effective human resources management policy while fostering a transfer of decision-making to the levels of responsibility most closely involved in the management of needs.
- This Decision is without prejudice to the powers of Appointing Authority and Authority Responsible for Concluding Contracts of Employment for OLAF staff arising from the Commission Decision of 28 April 1999 establishing the European Anti-Fraud Office,
HAS ADOPTED THIS DECISION:
Article 1
- Sections I to IX and XI and XII of the tables in Annex I to the Commission Decision of 21 January 1998 concerning the exercise of 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 budget serving in Directorates-General Enterprise and Information Society, as amended by the Commission Decisions of 16 June 1999 and 11 July 2001, are hereby replaced by Sections I to IX and XI and XII of the Annex to this Decision.
- In the Introduction to Annex I to the 1998 Decision, as amended by the Commission Decisions of 16 June 1999 and 11 July 2001, points (2), (8), (9) and (10) are hereby deleted. A new point is added to the Introduction as follows: "Decisions arising from the tables in the Annex shall be without prejudice to the powers of Appointing Authority and Authority Responsible for Concluding Contracts of Employment for OLAF staff arising from the Commission Decision of 28 April 1999 establishing the European Anti-Fraud Office".
Article 2
The entire Decision of 21 January 1998, as amended by the Commission Decisions of 16 June 1999 and 11 July 2001, shall be adapted and consolidated upon completion of the reform work on the measures concerning Section X of Annex I (staff serving in non-member countries covered by the unified external service) and the measures concerning Annex II (research staff), while encouraging closer alignment between those rules and procedures and the rules and procedures for staff paid from the administrative budget as they result from this Decision.
Article 3
This Decision shall enter into force on 1 January 2002.
Annex to the Decision
See attached tables 
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