Brussels, 20.07.2005
PH/2005/1101

COMMISSION DECISION Of 20.07.2005

on detailed rules governing the promotion procedure for officials paid from research appropriations in the general budget

• Article1: Scope
• Article 2: Combination of merit points and priority points in the case of officials who were previously members of the temporary staff within the meaning of Article 2(d) of the Conditions of Employment of Other Servants of the European Communities and who, following a competition, are appointed to a permanent post paid from research appropriations in the general budget
• Article 3: Priority points
• Article 4: Promotion committees
• Article 5: Award of priority points by promotion committees
• Article 6: List of promoted officials
• Article 7: Dispositions finales
   

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 in Council Regulation (EEC, Euratom, ECSC) No 259/68⁽¹⁾ , and in particular Article 45 thereof,

Having regard to the consultation of the Staff Committee,

Having regard to the opinion of the Staff Regulations Committee,

Whereas:

1. The general provisions adopted by the Commission for implementing Article 45 of the Staff Regulations are applicable to officials paid from research appropriations in the general budget.
    
2. The principles enshrined in the general provisions for implementing Article 45 of the Staff Regulations⁽²⁾ shall be supplemented by detailed rules governing certain aspects of the promotion procedure for officials paid from research appropriations in the general budget.
    
3. Accordingly, the Commission adopted a Decision on special detailed rules governing the procedure for the promotion or reclassification of staff paid from research appropriations in the general budget⁽³⁾ .
    
4. The detailed rules should, however, be amended to take account of the special circumstances of members of the temporary staff within the meaning of Article 2(d) of the Conditions of Employment of Other Servants of the European Communities who were appointed as officials in 2003 and 2004.

HAS DECIDED AS FOLLOWS:

Article1: Scope

Subject to the following provisions, the general provisions for implementing Article 45 of the Staff Regulations shall apply to officials paid from research appropriations in the general budget.

Article 2: Combination of merit points and priority points in the case of officials who were previously members of the temporary staff within the meaning of Article 2(d) of the Conditions of Employment of Other Servants of the European Communities and who, following a competition, are appointed to a permanent post paid from research appropriations in the general budget

1. By way of derogation from Article 3(4) of the general provisions for implementing Article 45 of the Staff Regulations, officials who were previously members of the temporary staff within the meaning of Article 2(d) of the Conditions of Employment of Other Servants of the European Communities and who, following a competition, are appointed to a permanent post paid from research appropriations in the general budget, shall retain the merit points and priority points which they acquired in their grade prior to being appointed as probationary officials.
    
2. However, the said merit points and priority points shall be cancelled if the officials specified in paragraph 1 are transferred at their request to a post paid from the operating appropriations in the general budget within two years of their appointment as probationary officials.
    
3. Paragraph 2 shall not apply to the officials referred to in paragraph 1 who:
    
   • were transferred to a post paid from operating appropriations in the general budget before 31 December 2003;
      
   • are transferred at their request after occupying a sensitive post for two years or more; or
      
   • are transferred by the Appointing Authority in the interests of the service pursuant to Article 7(1) of the Staff Regulations.

Article 3: Priority points

1. In addition to the package of priority points defined in accordance with the rules laid down in Article 4(2) of the general provisions for implementing Article 45 of the Staff Regulations, each Directorate General shall, for every grade, have at its disposal an additional package of priority points equal to 2.5 times the number of probationary officials at the end of the reference period preceding the promotion exercise who meet the following criteria:
    
   1. the probationary official must have been a member of the temporary staff within the meaning of Article 2(d) prior to being appointed as an official;
       
   2. the probationary official must have been appointed to the same grade or a lower grade than the one in which he was a member of the temporary staff within the meaning of Article 2(d);
       
   3. there must have been no interruption of employment between the period spent as a member of the temporary staff within the meaning of Article 2(d) and the appointment as an official; and
       
   4. the Directorate General must have finalised the interim report of the official concerned as referred to in Article 4 of the general provisions for implementing Article 43 of the Staff Regulations and covering the period preceding the appointment as an official.
       
2. For the purposes of calculating the number of merit points referred to in Article 4(3) of the general provisions for implementing Article 45 of the Staff Regulations, the points to be taken into account for probationary officials within the meaning of paragraph 1 are those contained in the interim report referred to in paragraph 1(d).
    
3. By way of derogation from the provisions in Article 5(4) of the general provisions for implementing Article 45 of the Staff Regulations, probationary officials within the meaning of paragraph 1 shall be eligible for priority points, provided the interim report referred to in paragraph 1(d) does not contain an assessment of “poor” or “inadequate” in respect of either efficiency, abilities or conduct.
    
4. Paragraphs 1 to 3 shall apply mutatis mutandis to the allocation of priority points for 2004 pursuant to Article 13(3)(b) of the general provisions for implementing Article 45 of the Staff Regulations.

Article 4: Promotion committees

1. A Promotion Subcommittee for Research Staff shall be set up to prepare the work of the promotion committees referred to in Article 11 of the general provisions for implementing Article 45 of the Staff Regulations, where such work concerns officials paid from research appropriations in the general budget.
    
2. Without prejudice to Article 2(5) of the general provisions for implementing Article 45 of the Staff Regulations, the Subcommittee may, on the basis of the corresponding establishment plan, propose different promotion thresholds for officials paid from research appropriations in the general budget.
    
3. The Subcommittee shall be chaired by the Director General or Deputy Director General for Research and shall consist of nine members appointed by the Director General for Research and the Director General for Personnel and Administration, and nine members appointed by the Central Staff Committee.
    
4. The members representing research staff on the promotion committees set up, pursuant to Article 11 of the general provisions mentioned above, for category A*, B*, C* and D*⁽⁴⁾ staff shall automatically be members of the Promotion Subcommittee for Research Staff.
    
5. Each full member shall have an alternate, who shall have at least the same grade and shall be appointed as specified above. Alternate members shall replace absent full members by participating in meetings and taking part in the voting. An alternate may also attend meetings when the corresponding full member is present, but in such cases shall not take part in the voting.
    
6. The Subcommittee may adopt its own rules of procedure and working methods by a two-thirds majority of its members.
    
7. The Subcommittee shall meet by invitation of its chairman. Its opinions shall be adopted by a simple majority of members present. The Chairman shall vote only in the case of a tied vote. The Subcommittee’s deliberations shall be confidential.

Article 5: Award of priority points by promotion committees

The joint working group responsible for drawing up proposals for awarding priority points as laid down in Article 9 of the general provisions for implementing Article 45 of the Staff Regulations shall include two members one representing the staff and one appointed by the Directorate General for Research⁽⁵⁾ of the Promotion Subcommittee for Research Staff referred to in Article 4(1) above who have been appointed to the promotion committees in accordance with Article 4(4) above.

Article 6: List of promoted officials

After the Appointing Authority has decided on the officials to be promoted, the Directorate General for Personnel and Administration shall publish a list of the officials paid from research appropriations in the general budget who have been promoted.

Article 7: Dispositions finales

The Commission Decision of 16 June 2004 on special detailed rules for the promotion or regrading of staff paid from research appropriations in the general budget is hereby repealed.

This decision shall apply from the 2005 promotion exercise.

Done at Brussels, 20.07.2005

For the Commission
S. Kallas
Member of the Commission

________________________
Footnotes

⁽¹⁾  OJ L 56, 4.3.1968, p. 1. Last amended by Regulation (EC, Euratom) No 723/2004 of 22 March 2004 (OJ L 124, 27.4.2004).

⁽²⁾ Commission Decision of 23 December 2004 on the general provisions for implementing Article 45 of the Staff Regulations.

⁽³⁾ Commission Decision of 16 June 2004 on the detailed rules governing the promotion procedure for officials paid from research appropriations in the general budget.

⁽⁴⁾ From 1 May 2006, the term A* category in this Article refers to the AD function group, the term B* category refers to the AST function group and the terms C* and D* category refer to the career streams defined in Article 10(1) of Annex XIII to the Staff Regulations.

⁽⁵⁾ In the case of the Committee for category A* staff, the member representing the Institution is automatically the Director General for Research and need not be designated.