N° 130-2004 / 30.11.2004

2004 Promotions Exercise

Categories A, B, C, D – LA


Invitation to consult promotion files

Results of promotion committee meetings

List of priority points allocated in recognition of work undertaken in the interests of the institution

Merit lists taking account of proposals by the promotion committees

Definitive promotion thresholds

List of promoted officials

  1. Invitation to consult promotion files

    Article 25 of the Staff Regulations provides that any decision relating to an individual must be communicated to the official concerned. Officials are hereby invited to consult their promotion files in Sysper2.
     
  2. Results of promotion committee meetings

    II.1 Reminder: the main stages of promotion
     
    • The starting point for the promotions exercise is the end of the staff reports exercise, when the DGs award each official a certain number of priority points. This allocation is followed by the publication of the merit lists(1), which serve as a basis for the presentation, within five working days, of an appeal to the promotion committees against the allocation of priority points.
       
    • The promotion committees met in October. Each committee:
       
      • proposed he allocation of points for work in the interests of the institution (see point II.2.1 below);
         
      • proposed the allocation of transitional points (see point II.2.2 below);
         
      • examined the appeals received and recommended the allocation of priority points following an appeal (see point II.2.3 below);
         
      • proposed which of the officials with a point score equal to the promotion threshold should be promoted in the current exercise (see point II.3 below).
         
    • The appointing authority is responsible for deciding on the allocation of points following the committees’ recommendations, and deciding on promotions. In the current exercise, the appointing authority accepted all the committees' proposals concerning the allocation of points and their proposals on the selection of ex-aequo officials.
       
    • The merit lists showing the final number of points allocated following the work of the committees, and the list of promoted officials, appear as an annex to this Administrative Notice.

    II.2 Allocation of points following the recommendations of the promotion committees

    II.2.1 Priority points for work in the interests of the Institution
    (max. 2 points)

    These points were allocated on the basis of information supplied to the committees by the officials concerned and their reporting officers (section 6.6 of the career development report), following verification with the bodies concerned (EPSO, etc.) and taking account of the limited number of points available.
    The committees’ verifications mainly concerned:
    • the conformity of the duties to Annex I to the General provisions for implementing Article 45 of the Staff Regulations: the exhaustive list of duties which may justify the allocation of additional priority points includes:
       
      • Chairman/member of a competition selection board or joint committee for the selection of temporary staff (2 points),
         
      • adviser to a selection board/marker of competition papers (1 point),
         
      • Chairman/member of a joint committee (2 points).
         
    • the amount of work involved and the degree of interest to the institution: in this connection certain committees have proposed setting a minimum number of days’ work required to qualify for points. This is the case for the A committee (minimum of 1.5 declared working days), LA committee (1.5 days), B committee (1 day) and C committee (1 day).
       
    • whether or not the duties are part of the official’s normal activities.
      Some officials made a “preemptive appeal” to the promotion committees with a view to obtaining one or two points for activities undertaken in the interests of the institution. The response to such appeals was the allocation (or not) of points for work undertaken in the interests of the institution.

    II.2.2 Transitional points (max. 3 points)

    These points were allocated to compensate any officials put at a disadvantage by the transition from the old to the new promotion system. Their allocation was not limited to officials who had appealed to the promotion committee.

    The recommendations for allocating these points varied slightly from one committee to another based on the characteristics of each grade and category.

    The main themes were as follows:

    • the transitional points provided for in Article 12(2)(a) of the General provisions for implementing Article 45 of the Staff Regulations were, in some cases(2), considered insufficient to guarantee that full account was taken of merit over the period. Additional points could therefore be awarded to officials whose performance was recognised as satisfactory in their career development reports, but who might nevertheless experience a slow-down in their career following the introduction of the new promotions system, particularly during the transition phase or when promotion thresholds will rise. Points allocated in this connection appear in the official’s individual Sysper2 file under the heading “transitional points”, with the comment “Compensation for annual increase of threshold";
       
    • the specific situation (i.e. particular concentration of officials with above-average seniority in the grade) of A7 officials on the External Service promotion list led to one transitional point being awarded. This point appears in the official’s individual Sysper2 file under the heading “transitional point”, with the comment “Transitional E.S.”;
       
    • the examination of certain individual cases also resulted in the allocation of transitional points. These points appear in the official’s individual Sysper2 file under the heading “transitional points”, with the comment “Individual examination”;
       
    • some appeals to the promotion committee resulted in the allocation of this type of points when the committees considered that the problems cited were mainly due to the transition.

    II.2.3 Appeal points

    It should be noted that proposals to allocate appeal points or not are always the result of an individual examination.

    II.2.3.1 Action taken and procedure followed by the committees

    Appeals to the promotion committees gave rise to four types of action depending on the nature of the appeal;
    • a proposal that points be allocated for work in the interests of the institution,
       
    • a proposal that transitional points be allocated,
       
    • a proposal that appeal points be allocated,
       
    • a proposal that no additional points be allocated.

      It should be noted in this connection that the committees are not authorised, inter alia, to
       
    • call into question the results of the assessment procedure (CDR);
       
    • assume the role of the DGs with regard to the allocation of priority points.

      The main cases in which the committees act in response to appeals – other than the abovementioned considerations relating to points for activities in the interests of the institution and transitional points – are therefore in response to manifest errors in the number of priority points allocated by the Directorate-General, and in response to discrimination (unjustified unequal treatment, or similar treatment in objectively different situations).

      II.2.3.2 Response to an appeal

      The officials concerned are invited to consult their Sysper2 files to check the number of points allocated to them following their appeal.

      An award of zero points means the appeal is rejected.

      The above description of the action taken and procedure followed by the committees should help officials to understand the decision to allocate priority points or not, as reflected in the Sysper2 file.

      This Administrative Notice, together with the Sysper2 file, which each person is invited to consult, serves as a reply from the promotion committees to the appeals submitted.

      II.2.3.3 Publication of the number of points allocated following the examination of appeals

      Pursuant to Article 8(3) of the General provisions for implementing Article 45 of the Staff Regulations, the number of appeal points allocated by each promotion committee is published below:

       
      Category  No of appeals  No of people who
      received appeal points
      Total appeal points
      A  495  65 115.5
      B 218  11 21
      C  209  44  66
      D  7  3 7
      LA 87 18 25.5
        1016  141 235


    II.3 Selection of ex-aequo officials

    The criteria used to select ex-aequo officials are contained in Article 10(1) of the General provisions for implementing Article 45 of the Staff Regulations, which provides that:

    “… the committees shall take account of subsidiary factors such as, in particular, seniority in the grade and factors relating to equal opportunities or the nature of the duties undertaken.”

    The promotion committees used these criteria, in particular that of seniority in the grade, to choose between the ex-aequo officials.
     

  3. Publication of the list of priority points allocated in recognition of work undertaken in the interests of the institution

    The list of officials who have been allocated 1 or 2 points under Article 9 of the general provisions for implementing Article 45 of the Staff Regulations appears as an annex to this Notice.
     
  4. Fixing the total number of priority points allocated to each official and the publication of merit lists taking account of proposals by the promotion committees

    Article 10 of the General provisions for implementing Article 45 of the Staff Regulations provides that:

    “Once the promotion committees' work has been completed, the Director-General for Personnel and Administration shall finally lay down the total number of priority points allocated to each official in the context of the promotion round.”

    “Amended merit lists shall be drawn up taking into account the decisions taken under [the preceding] paragraph and the proposals made by the promotion committees […].”

    The Director-General for Personnel and Administration has laid down the total number of priority points allocated in the context of the 2004 promotion round as shown in each official's Sysper2 promotion file.

    This Administrative Notice serves as the publication of the definitive merit list. The list includes officials who are within five points of the definitive promotion threshold. The list shows each official’s name, assignment(3) and the total number of points obtained in the promotion exercise.

    Some officials will find that their points total has increased following the work of the promotion committees. These changes are the result of proposals by the promotion committees and the decision by the appointing authority to allocate points for one or more of the following reasons: work in the interests of the institution (point II.2.1 above), transition (point II.2.2 above) or a successful appeal to a promotion committee (point II.2.3 above).

    A detailed break-down of any points allocated is accessible to each official (including those whose names do not appear on the lists published below) in their Sysper2 promotion file.
     
  5. Definitive promotion thresholds

    The promotion committees have proposed fixing the following definitive promotion thresholds:

     
    Promotion from grade Indicative threshold
    published by DG ADMIN
    prior to the promotion
    committee meetings
    Proposed definitive threshold

    Operating budget
    Proposed definitive threshold

    OLAF
    Proposed definitive threshold

    Research budget
    A5 49 50 50  49.5
    A6  44.5  45  45  45
    A7 44.5  44.5  44.5 44
    A8 29  30  - 30
    LA5  49  50  -  -
    LA6  43.5  44  -  -
    LA7 43  44  -  -
    LA8 26  29  -  -
    B2 50.5  51,5  51.5 51
    B3 48.5  49  48.5  49
    B4  45.5  46.5 46.5 46.5
    B5 30.5 31  31 30.5
    C2  50  51  51  51
    C3 47.5  48.5  48.5  48
    C4 45.5  46  46  46
    C5  34 35.5 35 35.5
    D2  45.5  46  -  -
    D3 41  41.5  -  -

  6. List of promoted officials

    The promotion committees' proposals were submitted to the appointing authority. Each appointing authority adopted decisions on promotions, taking into account:
     
    • the available budget;
       
    • the provisions of Article 45(1) and (4) of the (old) Staff Regulations on the minimum seniority in the grade required to qualify for promotion (to be read in conjunction with Article 13(3) of the general provisions for implementing Article 45 of the Staff Regulations);
       
    • the principle that officials may be promoted only if they are in active employment in the Commission in the relevant grade at the time the promotion decision is adopted;
       
    • the principle that any decision on the promotion of an official who is the subject of disciplinary proceedings is suspended until the results of those proceedings are known;
       
    • the principle of the comparison of merit over time, in particular as described in the general provisions for implementing Article 45 of the Staff Regulations and the case-law of the Courts of Justice and First Instance.

    Article 10(4) of the General provisions for implementing Article 45 of the Staff Regulations provides that:

    “The appointing authority shall, on the basis of the merit lists[…], decide on the list of officials to be promoted. That list shall be communicated to the staff.”

    The list of promoted officials is published in an annex to this Administrative Notice. For reasons of clarity and convenience, it is published together with the merit lists taking account of proposals by the promotion committees, the promoted officials being indicated by the letter “P” after their total number of points.

    Under Article 90(2) of the Staff Regulations, “Any person to whom these Staff Regulations apply may submit to the appointing authority a complaint against an act adversely affecting him or her, either where the said authority has taken a decision or where it has failed to adopt a measure prescribed by the Staff Regulations. A complaint must be made within three months.”

    The complaints procedure is explained in Administrative Notice 110-2004 of 10.09.2004.
     

  7. Implementation of the promotion decisions

    The 2004 promotions exercise comes under the “old” Staff Regulations in force until 1 May 2004. Consequently, promotion decisions:
     
    • are based on the career structure (categories/grades) in force until 1 May 2004 (for example: officials who were grade A6 until 1 May 2004 will be promoted to grade A5 as it existed until 1 May 2004 and will then be reclassified as A*11 under the careers structure in force since 1 May 2004.
       
    • will lead to salary increases and grade and step classification in accordance with Article 46 of the “old” Staff Regulations. In this connection, it may be useful to summarise the mechanism prescribed by Article 46:
    1. calculating the “notional salary” of the official in his grade prior to promotion as a result of salary progression(4) (for example, an official with 12 months’ seniority on the date on which the promotion comes into effect will have a “notional salary” of his basic salary (step 3) + a pro rata calculation of his salary progression (in this example: 12/24 of the value of a step in his current grade);
       
    2. the addition of this “notional salary” to the value of a step in the new grade
       
    3. positioning the official in the new grade at the nearest step to the “notional salary” (although the basic salary for the step in question must not exceed the “notional salary”);
       
    4. converting any difference between the “notional salary” and the new basic salary (the result of the positioning under stage c) above) into “seniority in the step” in the new step (applying the procedure in step a) above in the new grade).
    Promotion decisions take effect on 1 January 2004 (promotions to grades A4/LA4, A6/LA6, B2, B4, C2, C4, D2) or on 1 April 2006 (other grades).(5) The promotion of officials who, on one of the two dates, do not have the minimum seniority required, will take effect on the first day of the month following which the minimum seniority is obtained, and no later than 30 April 2004.

    Promotion decisions are currently being taken and will be finalised in time for December 2004 salary transfers.

FOOTNOTES
_________________

(1) See. Administrative Notices 114-2004 of 20 September 2004, AN 119-2004 of 27 September 2004, AN 121-2004 of 11 October 2004.

(2) In this context, the B and C committees used transitional points awarded by the promotion committee.

(3)  Important note: the assignment used to compile this list is that registered on 16 November 2004 and may therefore differ from that of 31 December 2003 which was used as a basis for establishing the merit lists prior to the consultation of the promotion committees.

(4)  Unless the official has already reached the last step in the grade.

(5) With the exception of research/JRC/scientific and technical services staff, who have a slightly different career structure, cf. Annex IB to the (old) Staff Regulations.

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   Author: ADMIN A6