AIPN Commission Decision

On 30 November 2007 the Commission adopted Decision C(2007)5730 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.

A corrigendum concerning table IV of Annex “AA Table for Commission staff paid from the administrative budget and the research budget (except JRC)” of that Decision was introduced by Commission Decision C(2008)384 of 30 January 2008.

For reasons of transparency the consolidated version of the AIPN Commission Decision is published underneath.

Brussels, 30.11.2007
C(2007) 5730

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 16 June 2005 ⁽¹⁾, the Commission adopted a 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.
    
2. Areas of competence should be clearly defined 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 serving outside the European Union, and certain adaptations should be made to the Decision of 16 June 2005, in particular following the new provisions on certification and attestation.
    
3. The Decision of 16 June 2005 has been frequently and substantially amended. In the interests of clarity it should be recast and repealed,

HAS DECIDED:

Article 1 – Staff paid from the administrative appropriations and from the research appropriations, with the exception of staff serving in
the Joint Research Centre.

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 other than those serving in the Joint Research Centre, shall be exercised as appropriate and save as provided for hereinafter by the Commission, the Member of the Commission responsible for personnel, 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 in accordance with Annex I.
 
The above powers relating to the management of individual financial entitlements as listed in Annex I shall be exercised by the Director of the Office for Administration and Payment of Individual Entitlements in accordance with 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 serving in the Joint Research Centre

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 serving in the Joint Research Centre, 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 or the Director-General of the Joint Research Centre in accordance with Annex II.

The above powers relating to the management of individual financial entitlements as listed in Annex II shall be exercised by the Director of the Office for Administration and Payment of Individual Entitlements in accordance with 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 the 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 financial entitlements as listed in Annex III shall be exercised by the Director of the Office for Administration and Payment of Individual Entitlements in accordance with 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 the second indent of point (a) of the first paragraph of Article 37 of the Staff Regulations, and of other servants 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 Chef de Cabinet. These powers shall be exercised in accordance with Annex I and the tables attached to that Annex. For the exercise of such powers in respect of the Chef de Cabinet and the Deputy Chef de 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 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

Where they are unable to act, 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 in accordance with the general rules on deputising contained in the Commission’s Rules of Procedure.

Where they are unable to act, the persons to whom powers are delegated under Article 5 shall be replaced 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 16 June 2005 (C(2005) 1792) as amended. References to the repealed Decision shall be construed as references to this Decision.

Done at Brussels, 30.11.2007

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 other than staff serving in the Joint Research Centre

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 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 Joint Research Centre, shall be exercised in accordance with 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 and Administration.
    

5. The rules applying specifically to staff of the External Service serving away from headquarters 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 serving in the Joint Research Centre

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 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 serving in the Joint Research Centre shall be exercised, subject to Article 2 of this Decision, in accordance with 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, in accordance with 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 Tables for Commission staff paid from the administrative budget and the research budget (except JRC)
   

• AA Tables for OLAF
   

• AA Tables for JRC

_________________
Footnotes

⁽¹⁾ See Commission Administrative Notice No 47-2005 of 24 June 2005, as amended by the Commission decision of 13 June 2006 (C(2006) 2318, published as Administrative Notice No 38-2006 of 25 July 2006).

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