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EXPLANATORY MEMORANDUM
The Commission adopted the General Implementing Provisions on the early
retirement of officials and temporary agents without reduction of pension
rights C(2004) 1588 on 28 April 2004 (“GIP”). The GIP were published in
Administrative Notices No. 63-2004
of 11 June 2004.
The need to amend the GIP has arisen because experience has shown that the
time table for conducting an early retirement exercise set out in the GIP
is not sufficient for the smooth and efficient administration of the
exercise.
In particular, Article 3(1) of the GIP provides for the launching of the
exercise in September, with early retirement taking effect from 1 January
of the following year, that is it gives only 3 months for the completion
of the entire administrative side of the exercise. It is proposed to amend
this article so that the exercise can begin at any time during a year,
with early retirement taking place in a year to be specified, in practice
either that year or the next year. This amendment leads to amendments to
Articles 3(2), 4(1), 4(4), 5(2) and 9, second paragraph.
In addition it is proposed to make a further minor amendment to the GIP
for the sake of good administration. Article 9, first paragraph, provides
for each non-selected applicant to be automatically given a reasoned
decision on why his application failed. With potentially hundreds of
applicants this will not be possible, as experience from the termination
of service schemes 2002 to 2004 has shown. The suggested amendment
therefore provides that a reasoned decision will be provided to
non-selected applicants only if they so request it.
The Staff Regulations Committee gave a positive opinion on these
amendments on 2 December 2005.
The Staff Committee was consulted on 4August 2005 and gave a positive
opinion on 27 January 2006.
It is proposed to the Commission to adopt this draft amending decision.
Decision amending the General Implementing Provisions on the
early retirement of officials and temporary agents without reduction of
pension rights C(2004) 1588 of 28 April 2004
General Implementing Provisions for giving effect to Article 9 of
Annex VIII of the Staff Regulations and Article 39 of the Conditions of
Employment of Other Servants of the European Communities
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Staff Regulations of officials and the Conditions of
Employment of other Servants of the European Communities, laid down by
Council Regulation (EEC, Euratom, ECSC) No 259/68 and in particular
Article 9 of Annex VIII of these Staff Regulations and Article 39 of these
conditions of employment of other servants of the European Communities;
Having regard to the opinion of the Staff Regulations Committee;
Having consulted the Staff Committee;
Whereas:
(1) The Commission adopted the General Implementing Provisions on the
early retirement of officials and temporary agents without reduction of
pension rights C(2004) 1588 on 28 April 2004 (“the GIP”).
(2) The need to amend the GIP has arisen because experience has shown that
the time table for conducting an early retirement exercise set out in the
GIP is not appropriate for the smooth and efficient administration of the
exercise.
(3) Article 3(1) of the GIP provides for the launch of the exercise in
September, with early retirement taking effect from 1 January of the
following year, that is it gives only 3 months for the completion of the
administrative part of the exercises.
(4) Article 3(1) GIP should be amended so that the exercise can begin at
any time during a year, with early retirement taking place in a year to be
specified.
(5) The amendment of Article 3(1) leads to corresponding amendments to
Articles 3(2), 4(1), 4(4), 5(2) and 9, second paragraph.
(6) For the sake of good administration, Article 9, first paragraph,
should be amended so that a reasoned decision on the non-selection of a
candidate should only be given to such a candidate if they so request it.
HAS ADOPTED THESE AMENDMENTS:
Article 1- Amendment of Article 3 GIP
Article 3 GIP will now read:
Article 3: Call for applications
- The Director General for Personnel and Administration shall invite
applications for such early retirement with retirement taking place in
the calendar year specified in the call for applications. The invitation
shall be published in the Administrative Notices and shall
- indicate the potential number of possibilities;
- specify the deadline for applications and the form in which they
are to be made;
- specify the conditions and date of eligibility;
- specify the calendar year or years when retirement can take place.
- Applications shall be lodged in conformity with the Administrative
Notice. Applications may only be submitted with a view to retirement in
the year specified in the call for applications. Candidates who are
unsuccessful are not obliged to retire and may reapply for later
exercises.
- The submission of an application may not be taken into consideration
for any other purposes relating to the candidate’s career.
Article 2- Amendment of Article 4 GIP
Article 4 GIP will now read:
Article 4: Eligibility
- To be eligible, the official or temporary agent must fulfil on the
date specified in the call for applications, the criteria set out in
paragraphs 2, 3, 4, 5 and 6.
- An official must be:
- in active employment, on leave for military service or on parental
or family leave within the meaning of Article 35 of the Staff
Regulations, or
- seconded in the interest of the service within the meaning of
Article 37 (a) of the Staff Regulations
- A temporary agent must be in active employment or on parental or
family leave
- The candidate must be at least 55 years old on the date specified in
the call for applications, and not be able to retire without a reduction
in pension rights in the course of the year specified in the call for
applications.
- The candidate must fulfil the requirements of article 77 of the
Staff Regulations as an official and/or temporary agent in one of the
Institutions and/or Community agencies within the meaning of Articles 1a
and 1b of the Staff Regulations on the date specified in the call for
applications.
- For the purpose of determining the period of service referred to in
paragraph 5, only the periods of service mentioned in paragraphs 2 and 3
shall be taken into consideration.
Article 3- Amendment of Article 5(2)GIP
The first paragraph of Article 5(2) GIP will now read:
- Each Directorate General and Service shall draw up a list of
applicants on the basis of the criteria set out in paragraphs 4, 5, 6
and 7.
Article 4-Amendment of Article 8 GIP
Article 8 GIP will now read:
Article 8: Adoption of the list by the Appointing Authority
The distribution of the possibilities between the institutions is fixed
every year by way of consultation between the institutions. Following
these consultations, the Directorate General for Personnel and
Administration shall submit the final list to the Appointing Authority for
approval.
Article 5-Amendment of Article 9 GIP
Article 9 GIP will now read:
Article 9: Implementation of the decision
Non-selected applicants will be informed in writing of the fact of
their non-selection. Such applicants will be provided with the reasons for
their non-selection upon request.
The selected applicants shall be informed of their selection in writing
and shall have a period of 10 working days from notification during which
they may withdraw their request. If an official withdraws his application,
the highest placed official on the reserve list shall automatically
replace him; a temporary agent is automatically replaced by the highest
placed temporary agent on the reserve list. This procedure will be
repeated for each withdrawal. Selected applicants having accepted this
possibility of early retirement will be able to retire at a date of their
choosing within the calendar year specified in the call for applications.
Article 6 – Entry into force
This decision shall enter into force today.
Done at Brussels, 10.08.2006. |
