N° 83-2004 / 28.06.2004

Brussels, 28.4.2004
C(2004) 1597

COMMISSION DECISION

LAYING DOWN RULES FOR IMPLEMENTING ARTICLE 7(2) OF THE STAFF REGULATIONS AS REGARDS THE TEMPORARY OCCUPATION OF MANAGEMENT POSTS

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Staff Regulations of officials of the European Communities 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 7(2) of the Staff Regulations and Article 10 of the Conditions of employment,

Whereas:

  1. The Staff Regulations provide for two function groups, i.e. assistants (hereinafter “AST”) and administrators (hereinafter “AD”).
     
  2. The position of director-general may be held in grade AD 15 or AD 16(2) , the position of director in grade AD 14 or AD 15 and the position of head of unit in grades AD 9 to AD 14.

Rules should be laid down for application of the arrangements for temporary postings, which stipulate that the Appointing Authority may call upon officials to occupy a post in their function group in a grade which is higher than their own grade, such temporary posting being limited to one year except where it is to replace an official who is seconded to another post in the interests of the service, called up for military service or absent on protracted sick leave,

HAS DECIDED AS FOLLOWS:


Article 1
Posts to which temporary postings may be made

The main middle and senior management posts which it may be decided to occupy on a temporary basis shall be:

  • Posts of director-general in grade AD 15 or AD 16 and equivalent;
     
  • Posts of director in grade AD 14 or AD 15 and equivalent,
     
  • Posts of head of unit in grades AD 9 to AD 14 and equivalent.

Article 2
Temporary postings

Temporary postings may be made in the following situations:

  1. where a new or vacant management post (as defined in Article 1) cannot in practice be published or, where it has been published, cannot be filled in the short term.
     
  2. to replace an official who is seconded to another post in the interests of the service for an extended period, called up for military service or absent on protracted sick leave.

The situations referred to in points (a) and (b) shall as a rule involve periods lasting longer than three months.

Article 3
Level of temporary postings

  1. As regards posts of director-general or equivalent and director or equivalent as defined in Article 1, temporary postings shall be made at the lowest grade at which such duties may be performed.
     
  2. As regards posts of head of unit or equivalent as defined in Article 1, temporary postings shall be made at the lowest grade in the range for which the post is published or filled by transfer in the interests of the service, as follows:
     
    • in grade AD 9 for the range AD 9-AD 12;
       
    • in grade AD 13 for the range AD 13-AD 14.

Article 4
Decision on temporary postings

Decisions to temporarily fill a post as head of unit shall be taken after consulting the Joint Committee.

Article 5
Procedure for temporary postings

  1. The administrative procedure for temporary postings shall be as laid down in the Annex hereto.
     
  2. The Director-General of Personnel and Administration is hereby empowered to replace or amend that procedure.

Article 6
Final provisions

The rules of 1 October 1984 on the application of Article 7(2) of the Staff Regulations on temporary postings are hereby repealed.

Article 7
Date of application

This Decision shall apply from 1 May 2004.

Done at Brussels, 28.4.2004.



ANNEX
PROCEDURE FOR TEMPORARY POSTINGS

  1. PROPOSAL FOR TEMPORARY POSTING
     
    1. Where the conditions in Article 2 are met, the Directorate-General responsible must inform the Directorate-General for Personnel and Administration within one month of the measures taken to ensure performance of the duties in question.
       
    2. Where it is foreseeable that it will not be possible to fill the post within three months, the Directorate-General concerned may submit a proposal for a temporary posting, stating the reasons. It is required to do so where a decision has been taken under Article 24 of the Commission’s Rules of Procedure.
       
    3. The temporary posting is proposed to the Appointing Authority after the Directorate-General for Personnel and Administration has examined the application.
       
  2. EFFECTIVE DATE OF TEMPORARY POSTINGS
     
    1. The effective date of temporary postings is the first day of the month following that in which the application is submitted by the Directorate-General responsible.
       
    2. Where the proposal for a temporary posting follows on from a period of deputising as provided for in Article 24 of the Commission’s Rules of Procedure, the effective date is backdated to the date on which the deputising duties began.
       
  3. TERMINATION OF TEMPORARY POSTINGS
     
    1. Abolition of the duties for which a temporary posting has been made as a result of an amendment to the organisation chart automatically entails termination of the temporary posting.
       
    2. Where officials are permanently appointed to a post to which they have occupied temporarily, their permanent appointment is backdated where the temporary posting has been carried out for more than one year. Backdating applies only to the period of temporary posting exceeding one year, without prejudice to Article 45(1) of the Staff Regulations relating to the minimum period in the grade required for promotion. In any case it may not be longer than three years.

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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).

(2) All references in this Decision to a grade in function group AD shall be construed as referring to the corresponding grade in category A* during the period 1 May 2004 to 30 April 2006.
 

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   Author: ADMIN A.5