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Brussels, 7.4.2004
C(2004) 1313
COMMISSION DECISION
General implementing provisions on the procedures governing
the engagement and the use of contract staff at the Commission
General provisions
Special provisions for AC3a
Special provisions for AC3b
Transitional and final provisions
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Article 11 -
Possibility of engaging staff in the entities referred to in Article
3a(1)(c) of the Conditions of Employment
and in representations in the new Member States during the transition
period
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Article 12 -
Possibility of engaging staff in services and other entities
during the transition period
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Article 13 -
Local staff
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Article 14 -
Individual experts in Delegation premises outside the European Union
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Article 15 -
Entry into force
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Staff Regulations of Officials and the Conditions of
Employment of Other Servants of the European Communities, laid down by
Council Regulation (EEC, EURATOM,ECSC) No 259/68(1),
and in particular
Article 82(6) of the Conditions of Employment
Having regard to the consultation of the Staff Regulations Committee,
After consulting the Staff Committee
Whereas:
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Contract agents should be selected through a transparent and objective
procedure. A database to be built up by the EPSO should serve this purpose
for the first phase of the selection procedure.
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It should be examined whether it is possible to use the existing
research sector database (ELSA) as a model for the new database to be set
up for the selection of contract staff and to include candidates
registered in ELSA in this new database.
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The rules contained in these implementing provisions, and in
particular those on selection procedures and grading, are without
prejudice to Article 2 of Annex 2 to the Conditions of Employment of other
servants (CEOS).
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The grading of contract staff in function groups needs to be based on
the functions to be exercised by the person concerned. It is therefore
essential that detailed job descriptions are established for all functions
to be filled with contract staff.
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Taking into account the provisions of Article 90 of the Conditions of
Employment, these rules should not apply to conference interpreters
engaged under contract as contract staff referred to in that article.
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Although these rules do not apply directly to executive agencies the
management boards of these agencies should adopt implementing rules for
contract staff based on the model of these rules.
HAS ADOPTED THE FOLLOWING PROVISIONS:
General provisions
Article 1
Scope
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These rules shall apply to contract staff referred to in Article 3a
(AC3a) and to contract staff referred to in Article 3b (AC3b) of the
Conditions of Employment engaged
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in the Commission services;
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in Commission Offices that are attached to a Directorate-General or
service, the European Anti-Fraud Office (OLAF) and in the Office for
Official Publications of the European Communities (OPOCE); and
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the European Personnel Selection Office (EPSO).
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These rules shall not apply to conference interpreters referred to in
Article 90 of the Conditions of Employment.
Article 2
Minimum qualifications required
In the entities referred to in Article 1 above, Article 82(2) of the
Conditions of Employment shall be applied as follows:
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Engagement as a member of the contract staff shall require at least:
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in function group I, successful completion of compulsory education;
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in function groups II and III:
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a post secondary education diploma, or
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a secondary education diploma giving access to higher education plus
three years’ appropriate professional experience. In the case of function
group II, the secondary education diploma giving access to higher
education may be replaced by a certificate of adequate professional
training of not less than three years on condition that there was no
similar professional training giving access to higher education at the
time it was issued.
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in function group IV: completed university studies of at least three
years attested by a diploma and appropriate professional experience of at
least one year.
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Only diplomas and certificates that have been awarded in EU Member
States or that are the subject of equivalence certificates issued by the
authorities in the said Member States shall be taken into consideration.
Article 3
Probationary period
Where a member of the contract staff has to serve a probationary period in
accordance with Article 84 of the Conditions of Employment the report
referred to in that article shall be established by applying the
Commission Decision of 3 March 2004 on the general provisions for
implementing Article 43 of the Staff Regulations, and in particular
Article 1(3) thereof, by analogy.
Article 4
Succession of contracts
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The authority referred to in Article 6 of the Conditions of Employment
(hereafter AHCC) may engage as AC3bpersons employed as AC3aonly after the
latter contract has expired or been terminated. The same applies in the
case of the engagement as AC3aof persons employed as AC3b.
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In both cases referred to in paragraph 1, even in the presence of an
existing contractual relationship, the engagement conditions set out in
the Conditions of Employment and in these rules, and in particular the
conditions concerning the qualifications required and the selection
procedure, shall apply.
Special provisions for AC3a
Article 5
Selection procedure (AC3a)
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The selection procedure for AC3a shall comprise the following steps:
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launching of general calls for expression of interest specifying the
minimum eligibility criteria concerning general competencies and key
qualifications and indicating that, depending on the number of
applications received, the selection committee referred to in point e) may
apply stricter requirements within the selection criteria published;
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entering of applications electronically in the database set up for
this purpose;
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definition of specific competency profiles and qualifications by the
AHCC, after consultation of the interested services or bodies;
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testing of candidates matching the profiles and qualifications
referred to in point c); the tests shall focus in particular on the
candidates’ general aptitudes, in particular their verbal and numerical
reasoning capacity, and on their linguistic ability; candidates who have
passed the tests will be listed in the database; these listed applications
shall be saved in the database for a period of two years;
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evaluation of applications that have been listed pursuant to point d)
against objective criteria defined in accordance with the profiles and
qualifications referred to under point c). For the purpose of this
evaluation, a joint committee shall be established. This committee shall
consist of a chairman appointed by the AHCC and two members and two
alternates; one of each shall be appointed by the AHCC and by the Central
Staff Committee. Minutes shall be drawn up on the committee’s meetings
containing the reasons for the decisions taken;
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invitation of candidates identified on the basis of the evaluation
referred to in point e) for tests on Commission premises
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on the candidates’ aptitudes and linguistic ability referred to in point
d)
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on their knowledge of European integration and the institutions;
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on their competence with reference to the profiles referred to in point
c);
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validation, in the database, of the candidates who have successfully
completed the tests; such validation shall be maintained for three years
and may be extended by decision of the AHCC.
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A selection committee which is responsible for the selection of a
candidate shall invite for interview the candidates who have been chosen
by the service concerned from among the validated candidates on the basis
of the job description. This committee shall consist of one member from
the human resources unit of the service concerned, one member from the
relevant Directorate in that service, one member from another service who
shall act as chairman and one person designated by the Central Staff
Committee. Minutes of committee meetings shall be drawn up setting out the
reasons for any decisions taken. For tasks in Commission delegations
outside the European Union candidates may be invited for interview to be
conducted by the Head of Delegation concerned, the head of administration
and (if different from these persons) the official who is likely to be the
hierarchical superior to the member of the contract staff to be engaged; a
local staff representative shall be invited and minutes of the interviews
shall be drawn up setting out the reasons for the decisions taken;
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documentary verification by DG ADMIN of statements by the selected
candidate.
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The steps described in paragraph 1(a), (b), (f) and (g) shall be
organised by EPSO; the tests described in paragraph 1, point d), shall be
organised by EPSO or under its responsibility.
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Candidates shall be informed about the outcome of the procedures
described in paragraph 1(d) to (h).
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Where the interest of the service so requires and where no suitable
candidates from lists established under paragraph 1(g) are available, DG
ADMIN, at request of the service concerned, may grant an exemption from
the requirements of paragraph 1 for the recruitment of a member of the
contract staff in function group IV. In that case the procedure for the
selection of the contract staff shall comply with the second indent of
Article 8(2)(b), Article 8(2)(c) and Article 8 (3) of these rules.
Article 6
Duration of contracts (AC3a)
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AC3a may be engaged under their first contract for a fixed period of at
least three months and not more than five years.
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The renewal of a contract in function groups II, III and IV shall be
for another fixed period of at least three months and not more than five
years. A second renewal without interruption leading to an
indefinite-duration contract may only be granted if the first two
contracts covered a total period of at least five years.
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The first three renewals of the contract in function group I shall be
for fixed periods of at least three months and not more than five years,
the fourth renewal, in accordance with Article 85(2) of the Conditions of
Employment, shall be for an indefinite period. However,
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where a total duration of ten years of service would be exceeded,
already a previous renewal shall be for an indefinite period, in
accordance with Article 85(2) of the Conditions of Employment;
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a fourth renewal without interruption may only be granted if the first
four contracts covered a total period of at least five years.
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In order to be taken into consideration with a view to the award of an
indefinite duration contract the contracts concerned must follow each
other uninterruptedly. A gap of six months or more between two contracts
shall be regarded as an interruption.
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Where a contract as AC3a in function group I has been renewed three
times without a further renewal being granted, any new engagement under
such a contract shall be subject to the condition that the 12-year
reference period laid down in Article 2 of the Commission Decision of … on
the maximum duration for the recourse to non-permanent staff in the
Commission services and the Annex thereto has expired.
Article 7
Grading of AC3a
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AC3a shall be engaged:
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in function group I: in grade 1;
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in function group II:
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in function group III:
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in grade 8 if the person has professional experience of up to ten years;
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in grade 9 if the person has professional experience of more than ten
years;
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in grade 10 if the person has professional experience of more than
fifteen years;
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in function group IV:
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in grade 13 if the person has professional experience of up to ten
years;
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in grade 14 if the person has professional experience of more than ten
years;
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in grade 16 if the person has professional experience of more than
twenty years.
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The AHCC may decide to grant the grade immediately above the one
determined in paragraph 1 if the function to be filled corresponds to a
competency profile where due to the labour market conditions this measure
is necessary to ensure a sufficient number and quality of applications.
These profiles shall be determined by decision of the Director-General for
Personnel and communicated to the services.
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In order to be taken into account professional experience must have
been acquired in an activity corresponding at least to the level of
qualification required for the access to the function group and having a
link with one of the institution’s sectors of activity. It shall be taken
into account from the date on which the person fulfils the minimum
qualifications for engagement set out in Article 2 (including, where
applicable, any professional experience required by that Article).
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In the case of a doctorate/PhD the actual duration of the studies shall
be taken into account, subject to an upper limit of three years. In the
case of other qualifications the statutory duration of the studies shall
be taken into account.
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Military service and equivalent civilian service shall be regarded as
professional experience.
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For grading purposes, part time work shall be taken into account in
proportion to the stated percentage in relation to full time work.
In the case of freelance translators the extent of the professional
experience shall, subject to the period devoted to this activity, be
calculated on the basis of the number of pages translated.
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No period may be counted more than once.
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Where AC3a are engaged in another entity without interruption as
defined in Article 6(4) as contract staff under the same type of contract
the following shall apply:
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If hired to perform duties within the same function group the member
of the contract staff shall retain the grade, step and seniority acquired
in his or her grade and step;
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If hired to perform duties in a higher function group the member of
the contract staff shall be placed in the most favourable grade resulting
from:
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the application of the provisions under paragraphs 1 to 7 above,
including the requirement that professional experience must have been
acquired at least at the level of the function group concerned, and
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the application of the rule laid down in Article 86(2) of the Conditions
of Employment that the basic salary is to be maintained, choosing the
grade that, taking into account the steps, constitutes the lowest grade
possible.
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If the person is hired to perform duties in a lower function group,
paragraphs 1 to 7 above shall apply.
Special provisions for AC3b
Article 8
Selection procedure (AC3b)
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AC3b shall be engaged on the basis of the lists established under
Article 5(1)(g) of these rules.
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Where no suitable candidates from such lists are available, the
selection procedure to be followed shall include the following steps:
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The service concerned shall, on the basis of the job requirements,
select candidates to be invited for the next step of the procedure
referred to in point b) below from amongst the candidates who have been
listed in the database in accordance with Article 5(1)(d).
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…
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In function group II: tests, organised by EPSO, of the candidates’
competences relevant to that job and interviews with the candidates who
have passed these tests; these interviews shall be conducted by a
committee established for this purpose and shall focus on the personal
competencies of the candidates; in the case of selection procedures for
functions where no appropriate test is available the tests may be replaced
by extending the interviews to include the professional competencies of
the candidates;
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In function groups III and IV: interviews with the candidates conducted
by a committee established for this purpose. These interviews shall focus
on the professional and personal competencies of the candidates.
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Documentary verification by DG ADMIN of statements by the candidate
selected.
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The committees referred to in paragraph 2(b) shall consist of one
member from the directorate (or service) concerned and one member from
another directorate or service who shall be appointed by the human
resources unit of the service concerned. Minutes of meetings of the
committees shall be drawn up setting out the reasons for any decision
taken. The Central Staff Committee shall be notified of meetings and shall
designate a person to attend as an observer.
Article 9
Duration of contracts (AC3b)
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Subject to the budgetary rules in force at the Commission and the
provisions of the Commission Decision of ….on the maximum duration for the
recourse to non permanent staff in the Commission services, AC3bmay be
engaged for a fixed period of not less than three months, renewable for
further periods up to a total duration of three years, including service
in all function groups.
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Subject to the rules referred to in paragraph 1, the first renewal
shall be for a fixed period of at least three months. Any further renewal
shall be for a fixed period of at least one year. However, a last renewal
may be granted for a shorter period of at least three months in the
following circumstances: a) the extension is granted to allow the member
of the contract staff to serve the maximum period allowed under the
applicable rules; b) the member of the contract staff is assigned to a
task to be completed in the same period (in function groups III and IV
only).
Article 10
Grading of AC3b
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AC3b shall be engaged:
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In function group II:
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in grade 4 if the person has professional experience of up to five
years;
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in grade 5 if the person has professional experience of more than five
years;
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in grade 6 if the person has professional experience of more than ten
years;
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in grade 7 if the person has professional experience of more than twenty
years
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in function group III:
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in grade 8 if the person has professional experience of up to five
years;
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in grade 9 if the person has professional experience of more than five
years;
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in grade 10 if the person has professional experience of more than ten
years;
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in grade 11 if the person has professional experience of more than
fifteen years
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in grade 12 if the person has professional experience of more than
twenty years;
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in function group IV:
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in grade 13 if the person has professional experience of up to four
years;
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in grade 14 if the person has professional experience of more than four
years;
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in grade 15 if the person has professional experience of more than eight
years;
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in grade 16 if the person has professional experience of more than
twelve years;
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in grade 17 if the person has professional experience of more than
sixteen years;
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in grade 18 if the person has professional experience of more than
twenty years.
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Article 7, paragraphs 2 to 7, of the present decision shall apply by
analogy.
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Where exceptional circumstances linked to labour market conditions
justify it, the AHCC may decide to derogate from the rules contained in
paragraph 1.
Transitional and final provisions
Article 11
Possibility of engaging staff in the entities referred to in Article
3a(1)(c) of the Conditions of Employment
and in representations in the new Member States during the transition
period
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Commission offices established by specific legal act allowing for the
use of AC3a may, before 1 May 2006, engage such contract staff who have
not successfully completed the selection procedure laid down in Article 5
of these rules under contracts which expire not later than 30 April 2006.
The procedure for selecting these contract staff in function groups I and
II shall comply with the first indent of Article 8(2)(b), Article 8(2)(c)
and Article 8(3) of these rules. The procedure for selecting these
contract staff in function groups III and IV shall comply with the second
indent of Article 8(2)(b), Article 8(2)(c) and Article 8(3) of these
rules.
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For staff to be engaged in function groups I and II employed under
contracts on 30 April 2004, the tests that had to be successfully
completed in order to obtain these contracts shall be considered as
equivalent to the tests referred to in the first indent of Article
8(2)(b).
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The contracts referred to in paragraph 1 may only be renewed if the
member of staff has successfully completed the selection procedure
pursuant to Article 5.
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In the entities referred to in paragraph 1, contracts for auxiliary
staff as of 1 May 2004 may not be concluded or renewed. Contracts existing
on that date may run until the date on which the contract expires.
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Paragraphs 1 and 2 shall also apply to the engagement of AC3ain
Commission representations in Cyprus, the Czech Republic, Estonia,
Hungary, Latvia, Lithuania, Malta, Poland, Slovenia and Slovakia. Where
selection procedures have been carried out before 1 May 2004 these shall
replace the selection referred to in paragraph 1.
In these representations auxiliary staff may be engaged as of 1 May 2004
for periods expiring not later than 31 July 2005.
Article 12
Possibility of engaging staff in services and other entities
during the transition period
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In services and entities others than those referred to in Article 11
contract staff who have not successfully completed the selection
procedures provided for in Articles 5 or 8 respectively may be engaged
between 1 November 2004 and 1 May 2006 under contracts which expire no
later than 30 April 2006. The procedure for selecting these contract staff
in function groups I and II shall comply with the first indent of Article
8(2)(b), Article 8(2)(c) and Article 8(3) of these rules. The procedure
for selecting these contract staff in function groups III and IV shall
comply with the second indent of Article 8(2)(b), Article 8(2)(c) and
Article 8(3)of these rules. For functions in Commission Delegations
outside the European Union candidates may be called for interviews or
tests to be conducted by the Head of the Delegation concerned, the head of
administration and (if different from these persons) the official who is
likely to be the hierarchical superior to the member of the contract staff
to be engaged; a local staff representative shall be invited to attend the
interviews as an observer and minutes of the interviews shall be drawn up
setting out the reasons for any decisions taken. Contracts concluded
pursuant to Article 3a of the Conditions of Employment may only be renewed
if the member of staff has successfully completed the selection procedure
pursuant to Article 5.
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For staff to be engaged in function groups I and II employed under
contracts on 31 October 2004, the tests that had to be successfully
completed in order to obtain these contracts shall be considered as
equivalent to the tests referred to in the first indent of Article
8(2)(b).
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In services and entities other than those referred to in Article 11,
new engagements of auxiliary staff may only take place before 1 November
2004. In these services and entities, the AHCC may renew the contracts of
auxiliary staff engaged before 1 November 2004 up to the maximum duration
allowed for in Article 52 of the Conditions of Employment.
Article 13
Local staff
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The regime of local staff shall continue to apply outside the European
Union.
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Contracts for local technical assistance staff may be concluded or
extended, also beyond a duration of 5 years, but shall expire not later
than 30 April 2006. Thereafter Delegations outside the European Union
shall engage nationals of Member States and as far as technical assistance
tasks previously performed under local technical assistance type contracts
are concerned as contract staff only.
Article 14
Individual experts in Delegation premises outside the European Union
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The fixed-term contracts of individual experts for technical assistance
(individual experts in Delegation premises) shall run until the date on
which they expire.
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New engagements or the renewal of the contracts of individual experts
for technical assistance in Delegations may only take place for periods
expiring not later than 30 April 2006. Thereafter Delegations outside the
European Union shall engage nationals of Member States as contract staff
only.
Article 15
Entry into force
These rules shall enter into force on 1 May 2004.
Done at Brussels, 7.4.2004.
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Footnotes
(1) OJ L 56, 4 March 1968. Regulation as last
amended by Council Regulation No 723/2004 of 22.3.2004 (OJ L 124,
27.4.2004, p. 1)
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