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Appraisal and Promotion 2009
Closure of the Exercise
This Administrative Notice concludes the 2009 appraisal and promotion exercise
by publishing the list of promoted officials. It also invites all officials
to consult their promotion file and take notice of the final results.
In the appeal phase, the Joint Appraisal and Promotion Committees examined in
total 3966 appeals against the appraisal report and/or the promotion points.
They attentively examined these appeals and rendered recommendations, which
in two-thirds of the cases were adopted by consensus. In the vast majority of
cases, the Appeal Assessor and the Appointing Authority subsequently followed
these recommendations.
The Commission could realise in the 2009 appraisal and promotion exercise the
highest number of promotions ever, in total 5126 officials have reached or passed
the threshold and met the eligibility criteria for promotion, which corresponds
to a promotion rate of 24,2% (15,8% in the period 2003-2008).
This number of promotions could be achieved while complying with the promotion
thresholds set forth in the convergence plan. In addition, the thresholds for
the end of career grades have not further increased, but rather shown a downward
trend (e.g. the threshold for AD12 dropped from 48 to 45).
- INVITATION TO CONSULT PROMOTION FILES
Article 25 of the Staff Regulations provides that any decision relating to
an individual must be communicated to the official concerned. Officials are
hereby invited to consult their promotion files in Sysper2.
- RESULTS OF JOINT APPRAISAL AND PROMOTION COMMITTEE
MEETINGS
2.1 The main stages of the appraisal and promotion exercise
The 2009 appraisal and promotion exercise is the first exercise which was
carried out on the basis of the new General Implementing Provisions of
Articles
43 and
45 of the Staff Regulations which were adopted on 18 June 2008.
- The exercise was launched on 7 January 2009 by publication of
Administrative
Notice No. 01-2009 which describes the fundamental principles of the new
system.
- The rucksack of each official as established at the end of the 2008
promotion exercise was converted into the new system. The
Administrative
Notice No. 03-2009 invited staff to verify two elements which were used
in the ongoing exercise, i.e.:
- the recalculated rucksack,
- the language heading in Sysper2.
- As of mid May, the annual appraisal report (including the level of performance)
and the promotion points were transmitted to the staff. This offered the
possibility to lodge an appeal to the joint Appraisal and Promotion Committee
within the deadline of eight working days.
- The Joint Appraisal and Promotion Committees AD and AST concluded their
work on 12 and 13 October 2009 respectively.
- After having received the Committees' opinion on the individual appeals:
- the Appeal Assessors took the final decision with regard to the annual
appraisal report;
- the Appointing Authority Promotion concluded on the final number of
promotion points attributed to staff. It also decided on the list of promoted
officials.
- The list of promoted officials is attached to this Administrative Notice.
2.2 The meetings of the Joint Appraisal and Promotion Committees (JAPC)
2.2.1 Handling of appeals against the report and/or the promotion points
Officials wishing to contest their report (qualitative appraisal and performance
level) or their promotion points had the possibility to introduce an appeal
in Sysper2.
The Committees analysed all appeals individually and adopted an opinion with
regard to the following elements:
In the case of an appeal against the report, the Committee recommended
to the Appeal Assessor to confirm or modify the report:
In case of a proposal to modify the report (including the possibility of a
change of performance level), the Committee made a twofold proposal with respect
to the promotion points:
- it proposed a number of points within the new range of points in the
event that the Appeal Assessor were to change the performance level;
- it proposed to confirm or modify the promotion points within the range
of the performance level in the event that the Appeal Assessor decided to
maintain the performance level.
It must be specified that the Committees were not supposed to take the
place of the actors. They verified whether the procedure had been respected
and consequently analysed whether the report had been drawn up fairly, objectively
and in accordance with the appraisal standards (Administrative Notice No.
22-2008).
In case of a proposal to confirm the report, the relevant Committee rendered
an opinion to the attention of the Appeal Assessor.
Finally, the Appeal Assessor was called upon, in all cases, to take the final
decision on the report including the performance level. If he did not want
to follow the opinion of the Committee, he had to duly justify his decision.
In the case of an appeal against the points, the Committee verified
whether the criteria for the attribution of promotion points were correctly
applied. The tasks of the Committee are principally focussed on examining
cases of manifest errors during the establishment of the formal intentions
on promotion points or examining cases of discrimination (unjustified unequal
treatment or similar treatment in objectively different situations).
The Committees recommended to the Appointing Authority to confirm or modify
within the range of points of the performance level attributed.
If the opinion of the Committees was adopted by means of a vote, the opinion
also contains the majority and minority positions expressed.
The opinion of the Committee was brought to the attention of each jobholder
via Sysper2. If the Committee was not able to deliver an opinion (in the case
of a tied vote), this "no opinion" is included in the Sysper 2 file.
2.2.2 Handling of centralised appeals
In this first exercise under the new system, officials who contest
- the result of the conversion of the total points accumulated at the
end of the 2008 exercise in their rucksack on the basis of Article 11 of
the General Implementing Provisions of Article 45 of the Staff Regulations,
- the number of transition points which were allocated to them.
could lodge an appeal to the Joint Appraisal and Promotion Committee.
These appeals could not be introduced via Sysper2; the officials were invited
to send their appeal per email to the functional mailbox "ADMIN CPEP – JAPC
SECRETARIAT.
Furthermore, the officials transferred to the Commission in the course of
2008 were attributed a number of additional promotion points in order to account
for the merit accumulated in the same grade in the institution or agency of
origin.
All appeals against the number of additional promotion points were also introduced
by email to the functional mailbox "ADMIN CPEP – JAPC SECRETARIAT.
The Committees verified the conversion of the points accumulated at the end
of 2008 into the new system and concluded that the method of conversion of
the rucksacks was correctly applied.
The Appointing Authority followed the recommendation of the Committees and
rejected the appeals covering this subject.
Furthermore, the Committees verified the attribution of the number of transition
points and transfer points for the officials who had introduced an appeal
regarding this matter. For each appeal, the Committee delivered a recommendation
which the Appointing Authority followed in all cases.
The officials whose appeals have been considered justified, see in their promotion
file in Sysper2, under the heading "adjustment points", the number of points
attributed to them by the Appointing Authority.
The officials whose appeals have been considered not justified, will be notified
individually that their appeal has been rejected.
2.3 Selection of ex aequo officials
A selection among ex aequo officials needed to be made in 2009 for the AST6/C
grade.
The criteria used for the selection of ex aequo officials were taken from
Article 2, Paragraph 3 of Annex II of the General Implementing Provisions
of Article 45
of the Staff Regulations which says:
"…the Joint Appraisal and Promotion Committee shall adopt a substantiated
proposal, aimed at deciding between the officials with a number of accumulated
points equal to the threshold (ex aequo officials), taking into account
factors such as, in particular, seniority in the grade and factors relating
to equal opportunities."
- DEFINITIVE PROMOTION THRESHOLDS
3.1 All grades except the end of career grades (AD12, AST10, AST6/C, AST4/D)
All officials who have a number of points superior or equal to the promotion
threshold and who meet the eligibility criteria are promoted.
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2009 promotion thresholds |
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AD13 |
30 |
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AD11 |
30 |
|
AD10 |
27 |
|
AD09 |
24 |
|
AD08 |
23 |
|
AD07 |
18 |
|
AD06 |
18 |
|
AD05 |
18 |
|
AST09 |
30 |
|
AST08 |
31 |
|
AST07 |
24 |
|
AST06 |
24 |
|
AST05 |
24 |
|
AST04 |
18 |
|
AST03 |
18 |
|
AST02 |
18 |
|
AST01 |
18 |
|
AST5/C |
35 |
|
AST4/C |
27 |
|
AST3/C |
24 |
|
AST2/C |
24 |
|
AST3/D |
27 |
3.2 End of career grades (AD12, AST10, AST6/C, AST4/D)
The Joint Appraisal and Promotion Committees proposed to fix the definite
promotion thresholds at the levels as indicated below. These thresholds were
confirmed by the Appointing Authority.
|
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2009 indicative thresholds |
2009 final thresholds |
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AD12 |
48 |
45 |
|
AST10 |
52 |
52 |
|
AST6/C |
47 |
43 |
|
AST4/D |
52 |
50 |
- ARTICLE 45, PARAGRAPH 2 OF THE STAFF REGULATIONS (CAPACITY TO WORK
IN A THIRD LANGUAGE)
All officials are required to demonstrate the ability to work in a third language
before their first promotion. Most officials concerned by this provision of
the Staff Regulations this year have already made this demonstration.
A relatively small number of officials have not yet demonstrated their capacity
to work in a third language but are allowed to do so up to 31 December 2009.
All those who succeed in the demonstration before 31 December 2009 at the
latest, will be subject of a separate promotion decision at a later stage.
The list of these promoted officials will also be published later.
From this year onwards, the required level passes to level 6 of the interinstitutional
language courses corresponding to level B2 of the Common European Framework
of Reference (CEF) (see Administrative Notice No 11-2009
of 29.01.2009).
- LIST OF PROMOTED OFFICIALS
The Joint Appraisal and Promotion Committees' proposals were submitted to
the Appointing Authority. Each Appointing Authority adopted decisions on promotions,
taking into account:
- the provisions of Article 45(1) of the Staff Regulations on the minimum
seniority in the grade required to qualify for promotion;
- the principle that officials may be promoted only if they are in active
employment at the Commission in the relevant grade at the time the promotion
decision is adopted, seconded in the interests of the service or on parental
or family leave;
- Article 4 of Annex I of the General Implementing Provisions of Article
45 of the Staff Regulations according to which any decision on the promotion
of an official who is the subject of disciplinary proceedings is suspended
until the results of those proceedings are known;
- Article 45, Paragraph 2 of the Staff Regulations concerning the ability
to work in a third language before a first promotion.
Article 8, Paragraphs 3 and 4 of the General Implementing Provisions of
Article 45 of the Staff Regulations provides that:
"3. The Appointing Authority shall decide on the list of officials
to be promoted. All officials with a number of accumulated promotion points
equal to or above the relevant promotion threshold shall be promoted.
4. The list of promoted officials shall be published to the attention
of all officials of the Commission. Each official shall be invited to
consult his promotion file."
The list of promoted officials is published as an annex
 to this Administrative
Notice. As explained above, at point 4, an additional residual list will
be published at a later stage.
- IMPLEMENTATION OF THE PROMOTION DECISIONS
The 2009 promotion exercise has been conducted under the Staff Regulations
in force since 1 May 2004.
Promotion decisions will take effect on 1 January 2009. The promotion of officials
who do not have the minimum seniority required, will take effect on the first
day of the month following the month when the minimum seniority is obtained.
The promotion decisions are currently being encoded and will be in place to
allow inclusion in the December 2009 salary transfers.
- COMPLAINTS
Under Article 90(2) of the Staff Regulations, “Any person to whom these
Staff Regulations apply may submit to the Appointing Authority a complaint
against an act adversely affecting him or her, either where the said authority
has taken a decision or where it has failed to adopt a measure prescribed
by the Staff Regulations. A complaint must be made within three months.”
Any complaint may be submitted to the Unit "Appeals" within three months
as from the date of the publication of this Administrative Notice, by one
of the following means:
The practical modalities on how to introduce a complaint are further
explained in the Administrative Notice N° 28-2006 of 18th June 2006.
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