Brussels, 7.4.2004
C(2004) 1318

COMMISSION DECISION of 7.4.2004

laying down the rules for implementing the attestation procedure

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 in Council Regulation (EEC, Euratom, ECSC) No 259/68⁽¹⁾ , and in particular Article 10(3) of Annex XIII to the Staff Regulations,

Whereas:

1. The new career structure creates two function groups, assistants and administrators. Provisions have been adopted to ensure the transition to the new career structure.
    
2. As a result, officials employed in categories C or D before 1.5.2004 are to be placed in career streams permitting promotions to grade AST 7 for former category C and to grade AST 5 for former category D.
    
3. However, officials employed in categories C or D before 1.5.2004 may become members of the assistants’ function group without restriction if they pass a general competition or on the basis of an attestation procedure.
    
4. To this end, the rules for implementing the attestation procedure must be adopted by the institutions before 1.5.2004,

HAS DECIDED AS FOLLOWS:

• Article 1: Purpose
• Article 2: Frequency of the attestation procedures
• Article 3: Stages of the attestation procedure
• Article 4: Number of posts to be filled by attested officials and call for applications
• Article 5: List of admitted applicants
• Article 6: Establishment of a list of eligible officials by order of priority
• Article 7: Applications for vacant posts in the assistants’ function group
• Article 8: Attested officials
• Article 9: Joint attestation committee
• Article 10: Complaints
• Article 11: Final provisions
   

Article 1: Purpose

1. The purpose of the attestation procedure is to select officials employed in categories C or D before 1.5.2004 who may become members of the assistants’ function group without restrictions.
    
2. Officials as referred to in paragraph 1 who have been appointed to a permanent post in the Commission in accordance with Article 1a of the Staff Regulations and who, on 1 September of the year in question, were seconded in the interests of the service or who held one of the following positions referred to in Article 35 of the Staff Regulations: in active employment, on parental leave or on family leave, may apply for attestation.
   However, officials as referred to in paragraph 1 who, during the year in question, were compulsorily retired pursuant to Article 52 of the Staff Regulations, or in respect of whom the Commission has adopted a decision resulting in the definitive termination of their service within the meaning of Article 47 of the Staff Regulations, or to whom the Commission has granted an invalidity allowance pursuant to Article 78 of the Staff Regulations which took effect in that year, may not apply for attestation.

Article 2: Frequency of the attestation procedures

1. Attestation exercises shall be launched annually from 2005 until 2009.
    
2. Before 31 December 2009, the Directorate-General for Personnel and Administration shall carry out an analysis with the aim of verifying the number of officials as referred to in Article 1(1) who are able to satisfy the criteria listed in Article 5(1). The analysis will also examine whether the officials concerned in the External Service were eligible for the attestation procedure. On the basis of the analysis the appointing authority shall decide, after consulting the Central Staff Committee, whether to organise the attestation procedure in whole or in part in 2010 and in subsequent years.

Article 3: Stages of the attestation procedure

The attestation procedure shall comprise four stages: setting the number of posts in the assistants’ function group which can be filled by officials attested within the meaning of Article 8 and publication of a call for applications; admission of applicants; establishment of a list of admitted applicants in order of priority; application for vacant posts in the assistants’ function group.

Article 4: Number of posts to be filled by attested officials and call for applications

Before 30 September each year the appointing authority shall decide on the number of posts in the assistants’ function group which can be filled in the following year by officials attested within the meaning of Article 8.
Following that decision a call for applications shall be published by the appointing authority.

Article 5: List of admitted applicants

1. Officials referred to in Article 1 who have applied shall be admitted to the attestation procedure provided they meet both of the following criteria:
    
   • a level of education and training equivalent to that required in Article 5(3)(a) of the Staff Regulations, to be appointed official in the assistants’ function group;
      
   • seniority of at least five years in career stream C or D. If periods of employment in career stream C or D are taken into account in order to meet the criterion mentioned in the above indent, the minimum required seniority is increased by the number of months corresponding to those periods of employment.
      
2. During each attestation exercise the appointing authority shall draw up and publish the list of officials who have applied for and been admitted to the attestation procedure.
    
3. Officials who have applied and believe they meet the two criteria set out in paragraph 1 but who are not included on the list referred to in paragraph 2 may appeal to the committee referred to in Article 9 within ten working days of publication of that list.
   
   They must justify their appeal and supply the committee referred to in Article 9 with all the necessary official documents.
   
   The committee referred to in Article 9 shall deliver an opinion within ten working days and notify the appointing authority of it; the latter shall decide on the action to be taken.
   
   If necessary, a new list of applicants admitted to the attestation procedure shall be published by the appointing authority.

Article 6: Establishment of a list of eligible officials by order of priority

1. During each attestation exercise the appointing authority shall draw up a list of eligible officials in order of priority based on the following criteria: level of education and training; seniority in career stream C or D; experience, and merit evaluated on the basis of available career development reviews.
    
2. The value of the criteria and the weighting applied to them shall be decided by the appointing authority before 31 December 2004 after consulting the committee referred to in Article 9. They may be adjusted each year by decision of the appointing authority on the recommendation of the committee referred to in Article 9.
    
3. Every admitted applicant shall be notified of their position on the list established by the appointing authority and of the number of points obtained on the basis of the criteria, values and weightings referred to in paragraphs 1 and 2.
    
4. Within ten working days of such notification, admitted applicants may appeal to the committee referred to in Article 9 if they dispute the number of points they have obtained.
   
   They must justify their appeal and supply the committee referred to in Article 9 with all the necessary official documents.
   
   The committee referred to in Article 9 shall deliver an opinion within ten working days and notify the appointing authority of it; the latter shall decide on the action to be taken.

Article 7: Applications for vacant posts in the assistants’ function group

1. The highest-ranked officials on the list referred to in Article 6, down to a ranking equivalent to twice the number of posts decided on in accordance with Article 4, shall be authorised to apply, until 31 December of the following year, for the vacant posts to be filled in the assistants’ function group.
    
2. The list of officials referred to in paragraph 1 shall be published by the appointing authority.
    
3. The vacant posts which can be filled by the officials referred to in paragraph 1 shall be indicated when the vacancy notices are published.

Article 8: Attested officials

1. The officials referred to in Article 7(1) appointed to the vacant posts referred to in Article 7(3) shall be deemed to have been attested. They shall become members of the assistants’ function group without career restriction.
    
2. The appointing authority shall publish before 31 March each year the list of officials attested during the previous attestation exercise.

Article 9: Joint attestation committee

1. A joint attestation committee shall be established.
    
2. It shall comprise the following: a chairperson employed as a director or head of unit and appointed by the Director-General for Personnel and Administration; five members belonging to the administrators’ function group appointed by the Director-General for Personnel and Administration, of whom at least one is remunerated from the research budget; five members appointed by the staff committee.
   
   Each full member shall have an alternate appointed in accordance with the above conditions.
    
3. In the absence of the chairperson, their alternate shall preside. Alternate members may attend meetings even when full members are present; however, in that case they shall not be entitled to vote. Alternate members shall automatically be entitled to vote if the full member they represent is absent.
   
   In addition, when the number of full members present appointed respectively by the Director-General for Personnel and Administration and by the staff committee is fewer then five, the alternate member shall be entitled to vote provided the total number of members (full and alternate) entitled to vote does not exceed five appointed by the Director-General for Personnel and Administration and five appointed by the staff committee.
   
   The chairperson or any committee member having an interest likely to compromise their independence when discussing a dossier must stand down in favour of their alternate or cease participation in the work of the committee.
    
4. The committee shall meet at the invitation of its chairperson. Its decisions shall be valid provided that ten members entitled to vote are present, five of whom have been appointed by the staff committee. Opinions shall be adopted by simple majority of the members present entitled to vote. The chairperson shall vote only if votes are equally split.
    
5. The committee shall adopt its rules of procedure at its first meeting.
    
6. Before 30 September of each year the appointing authority shall inform the committee of the number of posts actually filled by the officials referred to in Article 7 or which are in the process of being filled. Using that information the committee shall adopt for the attention of the appointing authority any appropriate recommendation designed to achieve the number of posts adopted by the appointing authority pursuant to Article 4 for the current attestation exercise.
    
7. At the beginning of each year the committee shall adopt an opinion on the results of the previous attestation exercise. The opinion may contain recommendations, inter alia on the values and weightings referred to in Article 6(2). It shall notify the appointing authority of the opinion.

Article 10: Complaints

It shall not be possible to submit a complaint under Article 90(2) of the Staff Regulations or to appeal to the Court of First Instance unless the remedies provided for in Articles 5 and 6 have been exhausted.

Article 11: Final provisions

This Decision shall enter into force on the day following its adoption.

Done at Brussels, 7.4.2004.

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Footnotes
⁽¹⁾ OJ L 56, 4.3.1968. Regulation as last amended by Regulation.(EC, Euratom) No 723/2004 (OJ L 124, 27.4.2004, p. 1).