Third language before first promotion after recruitment (Article 45(2) of the Staff Regulations)

1. WHO IS CONCERNED?
   
   Article 45(2) of the Staff Regulations states that officials shall be required to demonstrate before their first promotion after recruitment the ability to work in a third language. In accordance with Article 11 of Annex XIII of the Staff Regulations, this applies to all first promotions after recruitment which take effect after 30 April 2006. (It applies also to officials who would be promoted pursuant to Article 29.1 (a) (iii) of the Staff Regulations).
   
   All officials in service on 31 December 2006, who have not had a first promotion after recruitment, will receive a message. However, not all will be directly concerned by the 2007 promotion exercise, but some may rather be concerned in 2008 or later.
   
   The following points are designed to help clarify what is meant by a first promotion.
    
   • Article 45(2) concerns only first promotions after recruitment. So, if you have already been promoted, even in a different category, you are not concerned by Article 45(2).
      
   • If you have already been promoted in another institution, you are not concerned.
      
   • On the other hand, changes of category or a re-grading immediately after recruitment do not constitute promotions under Article 45 of the Staff Regulations.
      
   • In order to ensure an equality of treatment, officials who were re-graded, that is, assigned to a higher grade (Articles 10 and 15 of the conditions of employment of other servants) while temporary agents, will be exempt from the application of Article 45(2) provided that this re-grading was analogous to a promotion exercise for an official, in particular being the result of a comparison of merits.
      
2. WHICH LANGUAGES?
   
   The third language can be selected by the official concerned and can be any of the official languages of the European Communities (languages identified in Council Regulation (EC) No 920/2005 of 13 June 2005 amending Regulation no.1 of 15 April 1958).
   
   In accordance with article 10 of the Common Rules for implementing article 45(2), where a training course is necessary, for officials based outside the locations of Brussels and Luxembourg, the languages can be limited to those for which language training is available locally.
   
   The third language must be different from the two languages chosen or identified for the competition or selection procedure on the basis of which the official was recruited.
   
   If the Commission has already approved language training in the framework of Article 45(2) of the Staff Regulations, the Common Rules stipulate that the assessment of the third language should be carried out in the language in which the training has been requested.
   
    
3. WHAT LEVEL OF COMPETENCE?
   
   The Common Rules for implementing article 45(2), fixed the level required at level 4 of the inter-institutional language courses in the transition phase (up to 31 December 2008) and at level 6 thereafter. These are equivalent to levels A.2 and B.2 of the Common European Framework of Reference (CEF) of the Council of Europe respectively.
    
4. HOW CAN THIS ABILITY BE DEMONSTRATED?
   
   The European Personnel Selection Office (EPSO / EPSO) has been given responsibility for the definition and organisation of the assessment of linguistic ability.
   
   The demonstration of the ability to work in a third language can be made in several ways:
    
   • By successfully passing an inter-institutional language course.
      
   • By having a certificate or a diploma included on EPSO's indicative list or recognised by the appropriate assessment committee (see point 9 below).
      
   • By passing a language test at the required level.

   Level placement tests to identify a level for subsequent course participation do not constitute a demonstration of ability. Level placement tests are simpler and easier than an end of course official test.
   
   As mentioned above, in the transition phase, for promotions which take effect up to 31 December 2008, level 4 of the inter-institutional courses is sufficient; thereafter level 6 will be required.
   
   Furthermore, in the transition phase, all officials who have succeeded competitions for linguists which were carried out in three languages will be considered to have already demonstrated their ability to work in a third language.
    

5. WHAT ABOUT TRAINING?
   
   All language training requests from officials concerned by Article 45(2) have priority. Human Resource Units in the Directorates-General and services have been asked to explain to reporting officers and counter-signing officers that any language training request from such an official should be accepted.
   
   As indicated above, the choice of language can however be limited for officials in locations other than Brussels and Luxembourg to languages for which training is available locally.
    
6. WHAT FURTHER ACTION DO I HAVE TO TAKE?
   
   Officials in service on 31 December 2006 and who are concerned by Article 45(2) will receive a message directly inviting them to go to the 'Jobholder Management' and then the 'Personal Data' section of SYSPER2, and the new sub-section 'Languages'. There they will see that the first and second languages of the competition or selection procedure have been encoded. If an official wishes to contest the encoding of the two languages of the competition or selection procedure, he/she is requested to send an e-mail to DG ADMIN's third language functional mailbox by 16 March 2007 at the latest and provide documentary evidence for any change.
   
   Officials are invited to choose a third language and to encode it in Sysper2 before 16 March 2007. To do this, you click on the button "modify", choose a third language in the drop-down menu and click on the button "save".
   
   The concerned officials can demonstrate their ability to work in a third language in one of the ways set out above.
   
   This means in practice:
    
   • Officials who have reached level 4 or higher through having participated in an inter-institutional language course should contact:
      
     • The functional mailbox (ADMIN A3 ARTICLE 45.2) and indicate the highest level reached and the year.
        
   • Officials who have an equivalent diploma figuring on the EPSO indicative list:
      
     • Should send a scanned copy to the EPSO functional mailbox.
        
   • If an official has a diploma not yet on this list but to be checked, the following Excel table should be duly completed and returned, together with a scanned copy of the diploma to: :
      
     • The EPSO functional mailbox.
        
   • Officials who wish to take a level 4 test should send an e-mail to the:
      
     • The EPSO functional mailbox indicating the language to be tested.
       An official likely to be promoted within the framework of the 2007 promotion exercise and concerned by Article 45(2) will be given priority for taking a language test. The following form should be used by officials who wish to take a test:

   There is an additional option for officials in 2007. They may identify a language school, have the school approved by EPSO and undertake the language test at that school. If this option is taken, EPSO will reimburse any fees incurred up to a maximum of €200.
   
   These various testing options are explained in more detail on the EPSO (EPSO) website.
    

   • Officials who have been recruited through a competition for linguists comprising tests in three languages should:
      
     • Send a message indicating the competition references to the ADMIN A6 Third language.

   Once the demonstration of the third language has been made by the official through any of the means described above, the administration will encode the means of demonstration, the demonstration date and the level reached into the section 'language' in SYSPER2. This will be visible for the official.
    

7. WHAT EFFECT WILL THIS HAVE ON PROMOTION?
   
   All officials concerned who demonstrate their ability to work in a third language, through any of the means described above before 31 December of the calendar year of the promotion exercise will be eligible for promotion. Once this ability has been demonstrated, the comment 'excluded from promotion' will be removed from their promotion file in SYSPER2. Officials who do not demonstrate their ability before 31 December of the calendar year of the promotion exercise will not be eligible for promotion that year and will not be promoted even though they may have a stock of points placing them above the threshold for the grade in question.
   
   These officials will retain their stock of points at the end of year N. If they succeed in demonstrating their ability to work in a third language in the year N+1 and providing they remain above the threshold, they should be promoted the following year. However, promotion in these circumstances will take effect in year N+1.
   
   As an exception to the general rule described above, officials who are promoted for the first time since recruitment and pursuant to Article 29.1 (a) (iii) will be required to demonstrate their ability before appointment to the new post.
    
8. WHAT ABOUT OFFICIALS IN GRADES AD 14 AND AD 15?
   
   In a similar way to other officials, officials who are in grades AD 14 or AD 15 are concerned by article 45, paragraph 2 if they have not benefited from a first promotion since their recruitment. They will also be personally contacted.
    
9. WHAT IS THE ROLE OF ASSESSMENT COMMITTEES?
   
   The EPSO website (EPSO) provides details about the role of the assessment committees being set up in 2007 for every official language.
   
   The assessment committees will also take a decision on whether officials, who were recruited as a result of linguistic competitions in three languages, will also be considered to have demonstrated their ability at level 6.
    
10. ADDITIONAL ISSUES
    
    Officials who are promoted in the transition phase (i.e. promotions taking effect at the latest by 31 December 2008) and who have demonstrated the third language requirement at level 4, should ensure that the acquisition of levels 5 and 6 remain as part of their personal training objectives. Their future promotions are not, however, conditional on this.
    
    Any official who is ill, on parental or family leave or on secondment in the interest of the service and who is unable to demonstrate the ability to work in a third language during the year of the relevant promotion exercise, can demonstrate this ability the following year and have the promotion backdated. An official, who is ill, must provide to office address MO 34, 05/25, Brussels a medical certificate to the effect that she/he is unable to take a test.
    
    Officials who apply for a post published pursuant to article 29, 1 (a) (iii) of the Staff Regulations (filling of the post by promotion) and who have not yet been promoted, will have to demonstrate their ability to work in a third language in order to be in a position to be appointed.

Contact points:

• ADMIN A6 Third Language
   
• ADMIN A3 ARTICLE 45.2
   
• EPSO Troisième langue