COMMISSION OF THE EUROPEAN COMMUNITIES
Brussels, 16.06.2005
COM(2005)

COMMISSION DECISION

on the exercise of powers conferred by the Staff Regulations on the Appointing Authority and by the Conditions of Employment of Other Servants on the Authority Responsible for Concluding Contracts of Employment

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to Article 2(1) of the Staff Regulations of Officials of the European Communities,

Having regard to Article 6 of the Conditions of Employment of Other Servants,

Whereas:

1. On 28 April 2004⁽¹⁾, the Commission adopted a decision on the powers conferred by the Staff Regulations on the Appointing Authority and by the Conditions of Employment of Other Servants on the Authority Responsible for Concluding Contracts of Employment .
    
2. The decision of 28 April 2004 consolidated the Commission’s previous decisions on this subject and rationalised, updated and adapted them to the changes made to the Staff Regulations and to the Conditions of Employment of Other Servants which took effect on 1 May 2004.
    
3. The decision of 7 July 2004 amended that of 28 April 2004 to rationalise the powers of the Appointing Authority and the Authority Responsible for Concluding Contracts of Employment in respect of staff of grade AD 14 and to specify the powers exercised in respect of the Director of OLAF, and to define the exercise of powers in respect of heads of representation.
    
4. Article 6 of the decision of the European Parliament, the Council, the Commission, the Court of Justice, the Court of Auditors, the Economic and Social Committee and the Committee of the Regions of 20 July 2000 on the Office for Official Publications of the European Communities (OOPEC) sets out the powers of Appointing Authority with regard to the staff of that Office.
    
5. Article 7 of the decision of the Secretaries-General of the European Parliament, the Council, the Commission, the Registrar of the Court of Justice, the Secretaries-General of the Court of Auditors, the Economic and Social Committee, the Committee of the Regions and the Representative of the European Ombudsman of 25 July 2002 on the European Personnel Selection Office (EPSO) sets out the powers of Appointing Authority with regard to the staff of that Office.
    
6. Under Article 6 of the Commission decision of 28 April 1999 on the European Anti-Fraud Office (OLAF), all powers of Appointing Authority and Authority Responsible for Concluding Contracts except those directly concerning its Director are to be exercised by the Director. The exercise of these powers was rationalised by the Commission decision of 28 April 2004⁽¹⁾ in the light in particular of the decision of 11 February 2003 on the powers of Appointing Authority of the Office for administration and Payment of individual entitlements.
    
7. Precise rules should be laid down concerning the exercise of the powers conferred by the Staff Regulations on the Appointing Authority and by the Conditions of Employment of Other Servants on the Authority Responsible for Concluding Contracts of Employment for Commission staff seconded to the Cabinet of a Member of the Commission and certain adaptations should be made to the Decision of 28 April 2004.
    
8. For reasons of transparency the powers of the Appointing Authority and the Authority Responsible for Concluding Contracts should be consolidated and the decisions of 28 April 2004 and 7 July 2004 should be repealed,

HAS DECIDED AS FOLLOWS:

Article 1 – Staff paid from the administrative appropriations

The powers conferred by the Staff Regulations on the Appointing Authority and by the Conditions of Employment of Other Servants on the Authority Responsible for Concluding Contracts of Employment in respect of staff paid from the administrative appropriations and staff paid from the research and technological development budget serving in the Directorates General for Enterprise and for the Information Society shall be exercised as appropriate and save as provided for hereinafter by the Commission, the Member of the Commission responsible for personnel, in agreement as appropriate with the Member of the Commission responsible for the Unified External Service, the Director-General for Personnel, other Directors-General including heads of department and the Directors of the Paymaster’s Office and the Offices for Infrastructure and Logistics in Brussels and Luxembourg, and the directors and heads of unit and sector in the directorates-general concerned on the terms set out in Annex I hereto.

The above powers relating to the management of individual pecuniary rights as listed in Annex I shall be exercised by the Director of the Office for administration and payment of individual entitlements subject to the conditions laid down in that Annex. Some of those powers relating to the organisation of competitions shall be exercised by the Director of EPSO in accordance with Annex I.

Article 2 – Staff paid from the research and development appropriations

The powers conferred by the Staff Regulations on the Appointing Authority and by the Conditions of Employment of Other Servants on the Authority Responsible for Concluding Contracts of Employment in respect of staff paid from the research and technological development budget other than those serving in the Directorates General for Enterprise and for the Information Society, to whom Article 1 applies, shall be exercised by the Commission, the Member of the Commission responsible for personnel, in agreement as appropriate with the Member of the Commission responsible for science, research and development, the Director-General for Personnel, the Director-General for Research and, in respect of the staff of the Joint Research Centre, the Director-General of the Joint Research Centre on the terms set out in Annex II hereto.

The above powers relating to the management of individual pecuniary rights as listed in Annex II shall be exercised by the Director of the Office for administration and payment of individual entitlements subject to the conditions laid down in that Annex. Some of those powers relating to the organisation of competitions shall be exercised by the Director of EPSO in accordance with Annex II.

Article 3 – Staff of OLAF

The powers conferred on the Appointing Authority and on the Authority Responsible for Concluding Contracts of Employment in respect of the staff of OLAF other than the Director shall be exercised in accordance with Annex III.

The powers of Appointing Authority in respect of the Director of OLAF shall be exercised by the Commission in accordance with its Decision on OLAF of 28 April 1999; it shall subdelegate some of those powers in accordance with Annex III.

The above powers relating to the management of individual pecuniary rights as listed in Annex III shall be exercised by the Director of the Office for administration and payment of individual entitlements subject to the conditions laid down in that Annex. Some of those powers relating to the organisation of competitions shall be exercised by the Director of EPSO in accordance with Annex III.

Article 4 – Commission staff seconded to the cabinet of a Member of the Commission

The powers conferred on the Appointing Authority and on the Authority Responsible for Concluding Contracts of Employment in respect of Commission officials seconded to the cabinet of a Member of the Commission in accordance with Article 37, first paragraph, point (a), 2nd indent of the Staff Regulations, and of staff engaged under Article 2(c) of the Conditions of Employment of Other Servants shall be exercised by the Commission, the Member of the Commission responsible for personnel, the Director-General of the Directorate-General of origin (“Director-General concerned”) or, where this is explicitly provided for, by the Member of the Commission responsible for the Cabinet or by the Head of Cabinet. These powers shall be exercised in accordance with Annex I and the table attached to that Annex. For the exercise of such powers in respect of the Head of Cabinet and the Deputy Head of Cabinet, the latter shall be treated respectively as a Director and a Head of Unit.

Article 5 – Delegation of powers

Directors-general are hereby authorised to delegate their powers to deputy directors-general, directors, heads of unit and heads of sector.

Furthermore, the Director of the Office for the administration and payment of individual entitlements is hereby authorised to delegate his or her powers in the field of determining, calculating and paying financial entitlements to the officials working directly under the head of unit and other persons responsible for specific areas.

These delegations shall be published in suitable form and brought to the attention of the staff.

Article 6 – Rules on deputising

The powers conferred by Articles 1, 2 and 3 on the Directors-General concerned, including the Director of the Office for administration and payment of individual entitlements, shall be exercised, where they are unable to act, in accordance with the general rules on deputising contained in the Commission’s Rules of Procedure.

The persons to whom powers are delegated under Article 5 shall be replaced, where they are unable to act, in accordance with the general rules on deputising contained in the Commission’s Rules of Procedure.

Article 7 – Annexes to the Decision

Annexes I, II and III hereto shall form an integral part of this Decision.

Article 8 – Final provisions

This Decision hereby repeals the Commission decision of 28 April 3004 (C(2004) 1606), as amended by the Commission decision of 7 July 2004 (C(2004) 2286/3).

This Decision shall take effect on 17/06/2005.

Done at Brussels, 16.06.2005

For the Commission
[…]
Member of the Commission

ANNEX I

Powers conferred by the Staff Regulations on the Appointing Authority and by the Conditions of Employment of Other Servants on the Authority Responsible for Concluding Contracts of Employment in respect of:

Staff paid from the administrative appropriations and staff paid from the research and technological development budget serving in the Directorates General for Enterprise and for the Information Society

The powers conferred by the Staff Regulations on the Appointing Authority and by the Conditions of Employment of Other Servants on the Authority Responsible for Concluding Contracts of Employment are to be exercised as follows:

1. The powers conferred on the Appointing Authority by Articles 25 and 90(1)⁽²⁾ of the Staff Regulations shall be exercised by the authority identified as Appointing Authority under this Decision, depending on the subject of the request.
    
2. Where a provision in the Staff Regulations applicable by analogy or reference to other servants confers powers on the Appointing Authority, the latter shall also exercise them as the Authority Responsible for Concluding Contracts in the case of staff covered by the Conditions of Employment of Other Servants.
    
3. The powers conferred by the Staff Regulations on the Appointing Authority and by the Conditions of Employment of Other Servants on the Authority Responsible for Concluding Contracts of Employment in respect of staff paid from the administrative appropriations and staff paid from the research and technological development appropriations serving in the Directorates-General for Enterprise and for the Information Society, other than those already mentioned above, shall be exercised on the terms set out in the tables below.
    
4. The powers conferred by the Staff Regulations and the Conditions of Employment of Other Servants which are not covered in the tables below shall be exercised by the Director-General for Personnel.
    
5. The rules applying specifically to staff of the External Service serving outside the Union are set out in Table X below.

ANNEX II

Powers conferred by the Staff Regulations on the Appointing Authority and by the Conditions of Employment of Other Servants on the Authority Responsible for Concluding Contracts of Employment in respect of:

Staff paid from the research and technological development budget other than those serving in the Directorates General for Enterprise and for the Information Society

The powers conferred by the Staff Regulations on the Appointing Authority and by the Conditions of Employment of Other Servants on the Authority Responsible for Concluding Contracts of Employment are to be exercised as follows:

1. The powers conferred on the Appointing Authority by Articles 25 and 90(1)⁽²⁾of the Staff Regulations shall be exercised by the authority identified as Appointing Authority under this Decision, depending on the subject of the request.
    
2. Where a provision in the Staff Regulations applicable by analogy or reference to other servants confers powers on the Appointing Authority, the latter shall also exercise them as the Authority Responsible for Concluding Contracts in the case of staff covered by the Conditions of Employment of Other Servants.
    
3. The powers conferred by the Staff Regulations on the Appointing Authority and by the Conditions of Employment of Other Servants on the Authority Responsible for Concluding Contracts of Employment in respect of staff paid from the research and technological development appropriations other than those serving in the Directorates-General for Enterprise and for the Information Society shall be exercised, subject to Article 2 of this Decision on the terms set out in the tables below.
    
4. The powers conferred by the Staff Regulations and the Conditions of Employment of Other Servants which are not covered in the tables below shall be exercised by the Director-General for Personnel.

ANNEX III

Powers conferred by the Staff Regulations on the Appointing Authority and by the Conditions of Employment of Other Servants on the Authority Responsible for Concluding Contracts of Employment in respect of:

Staff of the Anti-Fraud Office (OLAF)

The powers conferred by the Staff Regulations on the Appointing Authority and by the Conditions of Employment of Other Servants on the Authority Responsible for Concluding Contracts of Employment are to be exercised as follows:

1. The powers conferred on the Appointing Authority by Articles 25 and 90(1)⁽²⁾ of the Staff Regulations shall be exercised by the authority identified as Appointing Authority under this Decision, depending on the subject of the request.
    
2. Where a provision in the Staff Regulations applicable by analogy or reference to other servants confers powers on the Appointing Authority, the latter shall also exercise them as the Authority Responsible for Concluding Contracts in the case of staff covered by the Conditions of Employment of Other Servants.
    
3. The powers conferred by the Staff Regulations on the Appointing Authority and by the Conditions of Employment of Other Servants on the Authority Responsible for Concluding Contracts of Employment in respect of the staff of OLAF shall be exercised, subject to Article 3 of this Decision, on the terms set out in the tables below.
    
4. The powers conferred by the Staff Regulations and the Conditions of Employment of Other Servants which are not covered in the tables below shall be exercised by the Director-General of OLAF.

• AA TABLE for Commission staff paid from the administrative budget
   
• AA TABLE/Research/RTD
   
• AA TABLE/OLAF
   
• AA TABLES/research budget/JRC

_________________
Footnotes

⁽¹⁾ See Commission Administrative Notice No 31-2004 of 5 May 2004, as amended by the Commission decision of 7 July 2004 (C(2004) 2286/3, published as Administrative Notice No 99-2004 of 19 July 2004).

⁽²⁾ Requests under Article 90(1) should be addressed to the Director-General for Personnel and Administration (see Administrative Notice No 110-2004).