Brussels, 28.4.2004
C(2004) 1597

COMMISSION DECISION

on a new policy for the engagement and use of temporary agents

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Staff Regulations and the Conditions of Employment of Other Servants of the European Communities (CEOS), laid down by Council Regulation (EEC, EURATOM, ECSC) N° 259/68 ⁽¹⁾, and in particular article 8 of these Conditions of Employment :

After consulting the Staff Committee;

Whereas :

The Commission decision of 27 December 2001 on staff employed on the research budget laid down inter alia changes in the use of temporary staff and the reform of the Conditions of employment, notably the maximum duration of temporary contracts under articles 2(b) and 2(d), leads to the need to establish a codified policy on the engagement and use of temporary agents,

HAS DECIDED AS FOLLOWS:

• Article 1
• Article 2 - Article 2(a) temporary staff
• Article 3 - Article 2(b) temporary staff
• Article 4 - Article 2(c) temporary staff
• Article 5 - Article 2(d) temporary staff (research budget permanent posts)
• Article 6 - Engagement of temporary staff to managerial positions or advisory functions
• Article 7 - Situation of temporary staff in service at the date of entry into force of this decision
• Article 8 - Situation of temporary staff having received an offer of employment under the existing CEOS
  who take up duties after the date of entry into force of this decision.
• Article 9 - Accumulation of contracts and periods of service with the Commission
• Article 10 - Repeal
• Article 11 - Date of entry into force of this decision
   

Article 1

This decision applies to :

• Directorates-General and other services of the Commission, including DG Research and DG Joint Research Centre, the delegations and the representations,
   
• Commission offices that are attached to a Directorate-General or Service and the Office for official publications of the European Communities (OPOCE) and the European Personnel Selection Office (EPSO).

With a view to the special situation of the European Anti-Fraud Office (OLAF) this decision will not apply to the engagement of temporary agents for this Office and whose policy will be determined by a separate decision.

Article 2 - Article 2(a) temporary staff

They should be engaged to fill posts of a specialised nature requiring such knowledge and experience or to meet temporary needs.

1. Specialised posts
   
   The initial contract will be for a period of up to four years with the possibility of one extension of a maximum of two years. If the need for the engagement of a specialist is also a temporary one, the total length of the contract shall be for the duration of the task but subject to these same limits.
   Staff shall be engaged at the level of A*8/AD 8 or B*4/AST 4 and a minimum of 9 years professional experience will be required.
   
    
2. Temporary needs
   
   The total length of the contract shall be for the duration of the task. However, the initial contract will be for a period of up to 4 years with the possibility of one extension of a maximum of 2 years.
   
   Staff shall be engaged at the level of A*5/AD5 or B*3/AST3.
   
    
3. Selection procedures for engagements to meet both specialised and temporary needs.
   
   Selection will be on the basis of a profile established by the DG or Service concerned and approved by the Directorate General for Personnel and Administration after informing the Joint Committee. This profile will lay down the requirements in terms of education and/or professional training, professional experience, linguistic knowledge and the closing date for applications and will be transmitted for information to the Joint Committee. Once this procedure has been terminated, the DG or Service concerned shall transmit the profile in English, French and German to the Permanent Representations of the Member States. The profile shall be published on EPSO's internet site. The DG or service concerned may also publish it on its internet site and give further publicity that it considers appropriate.
   
   The selection procedure will be conducted by a selection committee composed of a Member from the DG or Service concerned and a Member designated by the Staff Committee and presided by a President drawn from a DG or service that is not concerned by the profile of the post to be filled. The committee will establish a list of successful candidates from which the persons to be engaged are to be drawn. EPSO will provide assistance in the organisation and running of these selection procedures.

Article 3 - Article 2(b) temporary staff

Engagement of such temporary staff is an exceptional measure as permanent posts are intended for the appointment of officials. In general, the total of all 2(b) temporary agents shall not exceed 3% of the total number of authorised permanent posts in the Commission. However, for a transitional period of 1.5.04 until 30.4.06, the total ceiling may reach 4% in order to take account in particular of the needs of the linguistic services of the Commission. Periodic information will be given to the Joint Committee on the recourse to 2(b) temporary agents.

Recourse to such engagements may exceptionally be approved in two instances:

1. where reserve lists of successful candidates of internal or external competitions are not available or are insufficient.
   
   In these circumstances, such engagements shall be authorised and notified by the Directorate General for Personnel and Administration. This notification will lay down the profiles that may be taken into consideration, the possible duration of the initial contract and the function group and grade to which engagements can be made. The length of the initial contract will be calculated according to the expected timing of the relevant external competitions and be subject to a maximum of 4 years. The function group and grade shall be that of the new competition published or already planned. In the event that the level of a future competition is not known, engagements will be at the level of A*5/AD 5, B*3/AST3 or C*1/AST 1. The maximum level for engagement to non-managerial positions will be A*8/AD 8, B*4/AST 4 and for the duration of the transitional period until 1.5.2006 at C*2.
   
   Such recruitments shall be for a maximum initial period of 3 years. Where the initial period is for a longer period or where it is proposed to extend the contract beyond the 3 years, a selection procedure as outlined in paragraph (b) shall be organised.
   
   Candidates for such engagements shall be drawn from the data-base of spontaneous applications established by the Commission in collaboration with EPSO. Whilst awaiting the establishment of a global data-base of spontaneous applications, the DG or Service concerned should, wherever possible, draw applications from existing data-bases. The DG or Service concerned may organise such additional publicity as it considers appropriate. There will be no formal selection procedure but candidates engaged must at all times meet the conditions of the vacancy to be filled.
   
    
2. where there is a need in a DG or service for the engagement of a specialist and no temporary post is available and where the organisation of an external competition for the occupation of a single post cannot be justified or for meeting a temporary need.
   
   In these cases, it is for the DG or Service concerned to submit a duly detailed and justified request for decision by the Directorate General for Personnel and Administration.
   
   With regard to the level of the engagement and the selection procedures, the same rules as for Article 2(a) temporary staff shall apply. The job profile to be established shall be based on the vacancy notice published in accordance with article 29 of the Staff Regulations.
   
   The initial contract for a specialised post will be for a period of up to four years with the possibility of one extension of a maximum of two years.
   
   To meet a temporary need, the total length of the contract shall be for the duration of the task but subject to these same limits.

Article 4 - Article 2(c) temporary staff

The possibilities of granting such contracts shall be governed by the Code of Conduct for Commissioners.

Heads and Deputy Heads of Cabinet shall be engaged respectively at grades A*14/AD 14 and A*12/AD 12. Other Members of the Cabinet in the administrators’ function group shall be engaged at the following grades depending on their level of postgraduate experience: Grade A*/AD5 (no experience), A*/AD 6 (3 years); A*/AD 7 (6 years), A*/AD 8 (8 years); A*/AD 9 (10 years); A*/AD 10 (12 years). Exceptionally, in each Cabinet, temporary agents may be engaged at the A*/AD 11 level, on condition that the person concerned possesses at least 15 years professional experience. Article 2(c) temporary staff in the assistants’ function group shall be engaged according to the profile of the post at B*4/AST4 or C*2/AST 2. The personal assistant of the Commissioner may be engaged exceptionally at the B*6/AST6 level on condition of possessing at least 12 years appropriate professional experience. There will be no formal selection procedure for the engagement of Cabinet temporary agents. An Article 2(b) temporary agent contract can only be offered to a Cabinet temporary agent at the expiry of his contract if he has passed the selection procedure laid down in Article 3(b) above.

Article 5 - Article 2(d) temporary staff (research budget permanent posts)

The same rules as for Article 2(b) temporary staff shall apply for the engagement of such temporary staff, in particular the approval of the profiles by the Directorate General of Personnel and Administration after informing the Joint Committee.

DG JRC may recruit exceptionally highly specialised staff with corresponding scientific training/education and experience at A*/AD 11 level and B*/AST8 level on the basis of a minimum of 12 years experience.

With regard to selection procedures, whilst awaiting the creation of a global data-base of spontaneous applications, candidates may also be drawn from the specific data-base of spontaneous applications (ELSA) established by DG Research, in which case the assistance of EPSO may not be necessary. In addition, the composition of the selection committee should take into account the decentralised nature of the JRC and the President of the committee may be drawn from the administrative services of the JRC.

Article 6 - Engagement of temporary staff to managerial positions or advisory functions

In addition to the provisions mentioned in Article 4 above for Article 2(c) temporary staff at Head and Deputy Head of Cabinet level, temporary staff under Articles 2(a), (b) and (d) may also be engaged in exceptional circumstances to carry out managerial or advisory functions.

1. Managerial positions
   
   Such recruitments will be exceptional and limited to candidates drawn from the public service and related organisations. In order to take account of the high level required, recruitments will be at the level of A*/AD 14, 15 or 16 according to the functions to be performed and all candidates should have at least 15 years professional experience together with a minimum of management experience. The total of such temporary agents should not exceed at any one time 2% of the total of such managerial positions. However, during a transitional period of 1.5.04 until 30.4.06, the maximum percentage may be 3%.
    
   1. Article 2(a) temporary staff
      
      Temporary posts may be assigned to such functions when the necessity has been demonstrated to engage a person possessing a high degree of specialised expertise or where the need of such a function is for a temporary duration.
      
      The decision to assign temporary posts to such functions shall be taken by the Director General for Personnel and Administration for Head of Unit posts and by the Commission for Director General, Deputy Director General, Director posts.
      
      For Head of Unit posts, the rules and engagement procedures shall be the same as for the non-managerial temporary staff of this type.
      
      For Director General, Deputy Director General and Director posts, the selection procedures shall be the same as for officials under article 29(2) of the Staff Regulations.
      
      The duration of such contracts shall be for an initial period of up to four years with one possible extension of a maximum of 2 years.
       
   2. Article 2(b) and (d) temporary staff
      
      In the same way as for article 2(a) temporary staff, such engagements may only be authorised in case of a highly specialised need or where the duties to be performed are of a temporary nature.
      
      Before proceeding to such engagements, it will be necessary to demonstrate that the post cannot be filled by an official within the Institutions. To this end, the vacant post will have had to be published unsuccessfully internally and interinstitutionally in accordance with Article 29 of the Staff Regulations.
      
      For Head of Unit posts, the decision to authorise the possibility of engaging a temporary agent will be taken by the Director General for Personnel and Administration on the basis of a reasoned proposal from the Commission service concerned and after having obtained the opinion of the Consultative Committee on Appointments. For posts on the research budget in the Joint Research Centre (JRC), the decision will be taken by the Director General of the JRC following the same procedure. The selection procedures shall be the same as for non-managerial Article 2(a) temporary staff and the engagement decision shall be in accordance with the existing procedures for the appointment of Heads of Unit and Advisers.
      
      For Director General, Deputy Director General, and Director posts, the decision to authorise the possibility of engaging temporary staff will be taken by the Commission on the basis of a proposal from the Member responsible for Personnel and Administration in agreement with the President and the Member responsible for the Commission service concerned. This proposal will be accompanied by an opinion from the Consultative Committee on Appointments on the opportunity of proceeding to such an engagement. The existing rules for the selection and appointment of senior management officials shall apply.
      
      The duration of such contracts shall be for an initial period of up to four years with the possibility of one extension of a maximum of 2 years.
       
2. Advisory positions.
    
   1. Article 2(a),(b) and (d) temporary staff
      
      The justification for having recourse to temporary staff on such functions and the selection and engagement procedures shall be the same as for managerial positions.
      
      For Advisor posts, staff shall be engaged at the A*/AD9 level and shall have a minimum of 12 years professional experience. For Advisor hors classe posts, engagement will be at the A*/AD15 level and for Principal advisor posts, at the A*/AD14 level, 15 years professional experience will be required.
      
      The duration of such contracts shall be for an initial period of up to four years with one possible extension of a maximum of two years.

Article 7 - Situation of temporary staff in service at the date of entry into force of this decision

The situation of these temporary staff shall be as follows:

1. Article 2(a) temporary staff
   
   Those who are still in their initial contract may receive an extension of 2 years. Those who are in the extension of their initial contract may receive an adaptation to this extension bringing it to a maximum length of two years. Such extensions and adaptations shall be made on request of the DG or Service concerned and exclusively in the interests of the service.
   
   The situation of those with a contract of indefinite duration remains unchanged.
    
2. Article 2(b) temporary staff
   
   Extensions to existing contracts will not normally be considered and will only be granted in exceptional circumstances on the basis of a detailed request by the DG or Service concerned. Where extensions are granted, this may be only for a maximum of two years.
    
3. Article 2(c) temporary staff
   
   They will retain their existing indefinite duration contracts.
    
4. Article 2(d) temporary staff
   
   Such temporary staff with a fixed-term contract may receive an extension of up to two years. The situation of temporary staff with indefinite duration contracts remains unchanged.

Article 8 - Situation of temporary staff having received an offer of employment under the existing CEOS
who take up duties after the date of entry into force of this decision.

For such staff, the DG or Service concerned may request that the duration of the proposed contract be amended if this is more favourable. The decision on granting such a request is to be taken by the appropriate authority authorized to conclude contracts.

Article 9 - Accumulation of contracts and periods of service with the Commission

The rules contained in the Commission decision on the maximum duration for the recourse to non-permanent staff in the Commission services shall be applicable to new contracts and the renewal of existing contracts for temporary agents engaged under articles 2(a), (b) and (d) of the CEOS . It is confirmed that temporary agents engaged under article 2 (c) of the CEOS and periods of service in that capacity are not subject to these rules.

Article 10 - Repeal

The Commission decision of 13 November 1996 (“Nouvelle politique des agents temporaires relevant de l’article 2-a) du RAA”) shall be repealed.

Article 11 - Date of entry into force of this decision

This decision shall enter into force on 1 May 2004.

Done at Brussels, 28.4.2004.

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