Activities of Bernhard RAPKAY related to 2010/0171(COD)
Reports (1)
REPORT Report on the proposal for a regulation of the European Parliament and of the Council amending the Staff Regulations of Officials of the European Communities and the Conditions of Employment of Other Servants of those Communities PDF (518 KB) DOC (738 KB)
Amendments (42)
Amendment 1 #
Proposal for a regulation – amending act
Recital 1
Recital 1
(1) According to Article 27 of the Treaty on European Union, the High Representative of the Union for Foreign Affairs and Security Policy (the High Representative) is to be assisted by a European External Action Service (EEAS). This service is to work in cooperation with the diplomatic services of the Member States and is to comprise officials from relevant departments of the General Secretariat of the Council and of the Commission as well as staff seconded from national diplomatic services of the Member States. This service is to form part of the Union's open, efficient and independent European administration, as provided for in Article 298 of the Treaty on the Functioning of the European Union.
Amendment 2 #
Proposal for a regulation – amending act
Recital 3
Recital 3
(3) The High Representative of the Union for Foreign Affairs and Security Policy and Vice-President of the Commission should act as Appointing Authority and Authority to Conclude Contracts for the staff of the EEAS, with the possibility of entrusting the EEAS with these powers. As certain EEAS staff members, including the Heads of Delegations, will have to carry out tasks for the Commission as part of their normal duties, provision should be made for the participation of the Commission in certain decisions concerning those staff members.
Amendment 3 #
Proposal for a regulation – amending act
Recital 3 a (new)
Recital 3 a (new)
(3a) Officials of the Union and temporary agents coming from the diplomatic services of the Member States should have the same rights and obligations and be treated equally, in particular as concerns their eligibility to assume all positions under equivalent conditions. No distinction should be made between temporary agents coming from national diplomatic services and officials of the Union as regards the assignment of duties to perform in all areas of activities and policies implemented by the EEAS.
Amendment 4 #
Proposal for a regulation – amending act
Recital 4
Recital 4
(4) It is appropriate to clarify that staff of the EEAS who carry out tasks for the Commission as part of their duties should, in accordance with Article 221(2) of the Treaty on the Functioning of the European Union, follow instructions given by the Commission. Likewise, Commission officials working in Union delegations should follow instructions from the Head of Delegation, in particular on organisational and administrative matters and on the implementation of the Union budget.
Amendment 5 #
Proposal for a regulation – amending act
Recital 5
Recital 5
(5) For the avoidance of doubt, it should be confirmed that officials and temporary staff occupying a post in an organisational entity which is transferred from the General Secretariat of the Council or the Commission to the EEAS pursuant to the Council Decision referred to in Article 27(3) of the Treaty on European Union2010/427/EU of 26 July 2010 establishing the organisation and functioning of the European External Action Service1 are deemed to be transferred with the post. This should also applypply mutatis mutandis to contract and local staff assigned to such an organisational entity. Specific measures should be taken to ensure that tThe staff concerned by theis transfer receive appropriate career guidance and assistancewill be informed in advance. 1 OJ L 201,3.8.2010, p. 30.
Amendment 6 #
Proposal for a regulation – amending act
Recital 6
Recital 6
(6) Officials from the Council or the Commissioninstitutions other than the EEAS who have taken up duties in the EEAS should be able to apply for vacant posts within their institution of origin on an equal footing with internal candidates of thoseat institutions.
Amendment 7 #
Proposal for a regulation – amending act
Recital 7
Recital 7
(7) IUntil 30 June 2013, in order to take account of specific situations in a flexible manner (for example an urgent need to fill a post need for future transfers of technical support tasks from the General Secretariat of the Council or from the Commission to the EEAS), a transfer of officials in the interests of the service with their post, that is without prior publication of thea vacant post, from the Council or the Commission to the EEAS should also be made possible in duly justified exceptional cases. Similarly, it should be possible to transfer officials in the interest of the service from the EEAS to the Council or the Commission.
Amendment 8 #
Proposal for a regulation – amending act
Recital 7 a (new)
Recital 7 a (new)
(7a) Until 30 June 2014, with regard to those officials from the General Secretariat of the Council or from the Commission who have been transferred to the EEAS at the start-up phase, it should be possible to transfer such EEAS officials without their post, in the interest of the service, from the EEAS to the Council or the Commission.
Amendment 9 #
Proposal for a regulation – amending act
Recital 8
Recital 8
(8) In order to give effect to Article 27(3) of the Treaty on European Union, which identifies three sources of staff for the EEAS, it should be provided that until 30 June 2013 the EEAS will recruit exclusively officials originating from the General Secretariat of the Council and the Commission as well as staff from the diplomatic services of the Member States. During this period, it is necessary to ensure that staff from national diplomatic services, candidates from the General Secretariat of the Council and the Commission as well as internal candidates can apply for posts in the EEAS on an equal footing. From 1 July 2013 at the latest this should also apply to officials from other institutions. However, in order to guarantee proper representation of staff from national diplomatic services in the EEAS, the High Representative of the Union for Foreign AffairDuring the same period, it should however be possible, in exceptional cases and after having exhausted the possibilities to recruit from the three exclusive sources, to recruit from outside those sources technical support staff at AD level necessary for the good functioning of the EEAS, such as specialists in the areas of crisis mand Security Policy and Vice-President of the Commission should be able to decide that for posts in function group AD, until 30 June 2013, priority may be given to candidates from national diplomatic services of the Member States in case of substantially equal qualificaagement, security and IT. From 1 July 2013 access to posts in the EEAS should also be opened to officials from other institutions.
Amendment 10 #
Proposal for a regulation – amending act
Recital 8 a (new)
Recital 8 a (new)
(8a) In addition, with a view to helping reach the target that staff from national diplomatic services should represent at least one third of all EEAS staff at AD level, it is necessary to provide for a temporary derogation until 30 June 2013 from Article 98(1) of the Staff Regulations enabling the High Representative to give priority for certain posts in function group AD in the EEAS to candidates from such national diplomatic services in the case of equivalent qualifications.
Amendment 11 #
Proposal for a regulation – amending act
Recital 8 b (new)
Recital 8 b (new)
(8b) In order to ensure a proper balance amongst the different staff components of the EEAS and in accordance with the Council Decision establishing the organisation and functioning of the European External Action Service, when the EEAS has reached its full capacity, personnel from the diplomatic services of the Member States appointed as temporary agents should represent at least one third of all EEAS staff at AD level and Union officials should represent at least 60% of all EEAS staff at AD level. This should include staff coming from the diplomatic services of the Member States who have become permanent officials of the Union in accordance with the provisions of the Staff Regulations.
Amendment 12 #
Proposal for a regulation – amending act
Recital 9
Recital 9
(9) Selected candidates fromwho are seconded by the national diplomatic services who are seconded byof their Member States should be employed as temporary agents and thus be put on equal footing with officials. The y should be recruited on the basis of an objective and transparent procedure and the implementing provisions to be adopted by the EEAS should guarantee equivalent career perospectivess within the EEAS for temporary agents that are equivalent to those ofand officials.
Amendment 13 #
Proposal for a regulation – amending act
Recital 9 a (new)
Recital 9 a (new)
(9a) In accordance with Article 27 of the Staff Regulations and Articles 12(1), first subparagraph, and 82 of the Conditions of Employment of Other Servants, recruitment or engagement should be directed to securing for the EEAS the services of officials and temporary staff of the highest standard of ability, efficiency and integrity, recruited on the broadest possible geographical basis from among nationals of Member States of the Union. This will apply to the EEAS as a whole and to its different staff components, including temporary staff referred to in Article 2(e) of the Conditions of Employment of Other Servants. In addition, the staff of the EEAS should comprise an appropriate and meaningful presence of nationals from all the Member States.
Amendment 14 #
Proposal for a regulation – amending act
Recital 9 b (new)
Recital 9 b (new)
(9b) The High Representative will take appropriate measures, as provided in Article 1d(2) and (3) of the Staff Regulations, for promoting equal opportunities for the under-represented gender in certain function groups, more particularly in function group AD.
Amendment 15 #
Proposal for a regulation – amending act
Recital 10
Recital 10
(10) In order to avoid unnecessary restrictions on the employment in the EEAS of staff from national diplomatic services, specific rules on the length of contracts should be adopted, together with a guarantee of reinstatement at the end of their period of service, in accordance with relevant provisions. For this particular category of temporary staff, the rules on secondment, leave on personal grounds and maximum retirement age should be aligned with those applicable to officials.
Amendment 16 #
Proposal for a regulation – amending act
Recital 11
Recital 11
(11) These specific rules should also be made applicable, atwith the requesagreement of the personsHigh Representative and of the national diplomatic service concerned, to temporary agents from national diplomatic services of the Member States who were engaged by the relevant departments of the General Secretariat of the Council or of the Commission, or whose contract was amended, before the establishment of the EEAS, but after the entry into force of the Lisbon Treaty.
Amendment 17 #
Proposal for a regulation – amending act
Recital 11 a (new)
Recital 11 a (new)
(11a) The EEAS may, in specific cases, have recourse to a limited number of specialised seconded national experts (SNEs), seconded with a view to their performing specific tasks, in particular related to crisis management or military functions, over whom the High Representative should have authority. Their secondment should not be counted in the one third of all EEAS staff at AD level which staff from Member States should represent when the EEAS reaches its full capacity.
Amendment 18 #
Proposal for a regulation – amending act
Recital 12
Recital 12
(12) In order to ease the administrative burden of the EEAS, the Disciplinary Board established in the Commission should also serve as the Disciplinary Board for the EEAS, unlesstil the High Representative of the Union for Foreign Affairs and Security Policy and Vice- President of the Commission decides to establish a Disciplinary Board for the EEASdecides to establish a Disciplinary Board for the EEAS. Such decision should be taken by 31 December 2011 at the latest.
Amendment 19 #
Proposal for a regulation – amending act
Recital 13
Recital 13
(13) In order to ensure coherent representation of Commission and EEAS staff in delegationsUntil a Staff Committee is set up within the EEAS in accordance with the first indent of Article 9(1)(a) of the Staff Regulations, which should be by 31 December 2011 at the latest, it should be provided that the Staff Committee of the Commission also represents EEAS staff, who would be entitled to vote and stand as candidates in its elections.
Amendment 20 #
Proposal for a regulation – amending act
Recital 19
Recital 19
(19) This Regulation should enter into force at the earliest possible date, since the proposed amendments to the Staff Regulations and Conditions of Employment constitute a necessary condition for the proper functioning of the EEAS,
Amendment 21 #
Proposal for a regulation – amending act
Article 1 – point 6
Article 1 – point 6
Staff Regulations of Officials of the European Communities
Article 1b – point a
Article 1b – point a
'(a) the European External Action Service under the authority of the High Representative of the Union for Foreign Affairs and Security Policy and Vice- President of the Commission (hereinafter referred to as EEAS),';
Amendment 22 #
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Staff Regulations of Officials of the European Communities
Title VIIIa – Article 95 – paragraph 1
Title VIIIa – Article 95 – paragraph 1
1. The powers conferred by these Staff Regulations on the Appointing Authority shall be exercised by the High Representative of the Union for Foreign Affairs and Security Policy and Vice- President of the Commission(hereinafter referred to as the High Representative) in respect of staff of the EEAS. He or she may determine who within the EEAS shall exercise those powers. Article 2(2) shall apply.
Amendment 23 #
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Staff Regulations of Officials of the European Communities
Title VIIIa – Article 95 – paragraph 2
Title VIIIa – Article 95 – paragraph 2
2. However, iIn respect of Heads of Delegation, the powers concerning appointments shall be exercised, using a thorough selection procedure, based on merit and having regard to gender and geographical balance, on the basis of a list of candidates on which the Commission has agreed within the framework of the powers that the Treaties confer on it1. This shall apply mutatis mutandis to transfers in the interests of the service. made in exceptional circumstances and for a defined temporary period to a post of Head of Delegation. ____________________ 1 Statement by the Commission: "The Commission will duly motivate vis-à-vis the High Representative any negative opinion it might express concerning a person on the list of candidates".
Amendment 24 #
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Staff Regulations of Officials of the European Communities
Title VIIIa – Article 95 – paragraph 3 – subparagraph 1
Title VIIIa – Article 95 – paragraph 3 – subparagraph 1
3. In respect of EEAS officials whoHeads of Delegation, in cases where they have to carry out tasks for the Commission as part of their duties, the Appointing Authority shall initiate administrative inquiries and disciplinary proceedings as referred to in Articles 22 and 86 and Annex IX if the Commission so requests.
Amendment 25 #
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Staff Regulations of Officials of the European Communities
Title VIIIa – Article 96
Title VIIIa – Article 96
Notwithstanding Article 11, a Commission official working in a Union delegation shall take instructions from the Head of Delegation, in particular on accorgdanisational and administrative mce with latter's and, in accordance with legal acts adopted under Article 322 of the Treaty on the Functioning of the European Union, on the implementation of the Union budgetrole as provided for in Article 5 of the Council Decision 2010/427/EU of 26 July 2010 establishing the organisation and functioning of the European External Action Service1. An EEAS official who has to carry out tasks for the Commission as part of his duties shall take instructions from the Commission with regard to those tasks, in accordance with Article 221(2) of the Treaty on the Functioning of the European Union. The modalities for implementing this Article shall be agreed between the Commission and the EEAS. 1 OJ L 201, 3.8.2010, p. 30.
Amendment 26 #
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Staff Regulations of Officials of the European Communities
Title VIIIa – Article 97
Title VIIIa – Article 97
Under the conditions set out intil 30 June 2014, with regard to those officials who have been transferred to the EEAS pursuant to the Council Decision adopted in accordance with Article 27(13) and notwithstanding Articles 4 and 29of the Treaty on European Union, by derogation from Articles 4 and 29 of these Staff Regulations and under the conditions set out in Article 7(1), the Appointing Authorities of the institutions concerned may in exceptional cases, acting by common agreement and solely in the interests of the service, after having heard the official concerned, transfer him from the Counsuch an EEAS official or the Commission tofrom the EEAS without notifying the staff of the vacant post. An EEAS official may bto a vacant post of the same tgransferred tode in the General Secretariat of the Council or in the Commission under the same conditionswithout notifying the staff of the vacant post.
Amendment 27 #
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Staff Regulations of Officials of the European Communities
Title VIIIa – Article 98 – paragraph 1 – subparagraph 1
Title VIIIa – Article 98 – paragraph 1 – subparagraph 1
1. For the purposes of Article 29(1)(a) and without prejudice to Article 97, when filling a vacant post in the EEAS, the Appointing Authority shall consider the applications of officials of the General Secretariat of the Council, the Commission and the EEAS, of temporary staff to whom Article 2(e) of the Conditions of Employment of Other Servants applies and of staff from national diplomatic services of the Member States without giving priority to any of these categories. Until 30 June 2013, by way of derogation from Article 29, for recruitment from outside the institution, the EEAS shall recruit exclusively officials from the General Secretariat of the Council and from the Commission as well as staff from the diplomatic services of Member States. However, in exceptional cases and after having exhausted the possibilities to recruit in accordance with the above provisions, the Appointing Authority may decide to recruit from outside the sources listed in the first sentence technical support staff at AD level necessary for the good functioning of the EEAS, such as specialists in the area of crisis management, security and IT.
Amendment 28 #
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Staff Regulations of Officials of the European Communities
Title VIIIa – Article 98 – paragraph 1 – subparagraph 2
Title VIIIa – Article 98 – paragraph 1 – subparagraph 2
Amendment 29 #
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Staff Regulations of Officials of the European Communities
Title VIIIa – Article 98 – paragraph 2
Title VIIIa – Article 98 – paragraph 2
2. For the purposes of Article 29(1)(a) and without prejudice to Article 97, the Appointing Authority of institutions other than the EEAS shall, when filling a vacant post in the Council or the Commission, consider applications of internal candidates and officials of the EEAS who were officials of the institution concerned until they became officials of the EEAS without giving priority to any of these categories.
Amendment 30 #
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Staff Regulations of Officials of the European Communities
Title VIIIa – Article 99 – paragraph 1 – subparagraph 1
Title VIIIa – Article 99 – paragraph 1 – subparagraph 1
1. Unlesstil the High Representative of the Union for Foreign Affairs and Security Policy and Vice-President of the Commission decides to establish a Disciplinary Board for the EEAS, the Disciplinary Board of the Commission shall also serve as the Disciplinary Board for the EEAS. The High Representative's decision shall be taken no later than 31 December 2011.
Amendment 31 #
Proposal for a regulation – amending act
Article 1 – point 9
Article 1 – point 9
Staff Regulations of Officials of the European Communities
Title VIIIa – Article 99 – paragraph 2
Title VIIIa – Article 99 – paragraph 2
2. By derogation from the first indent of Article 9(1)(a)Until a Staff Committee is set up within the EEAS in accordance with the first indent of Article 9(1)(a), which shall be no later than 31 December 2011, by way of derogation from the provision contained in that indent, the Staff Committee of the Commission shall also represent officials and other servants of the EEAS.
Amendment 32 #
Proposal for a regulation – amending act
Article 2 – point 10
Article 2 – point 10
Conditions of Employment of Other Servants of the European Communities
Chapter 10 – Article 50 b – paragraph 2
Chapter 10 – Article 50 b – paragraph 2
2. They may be engaged for a maximum period of four years. Contracts may be renewed more than once for a maximum period of four years for each renewal. A renewal shall be granted on condition that the secondment from the national diplomatic service is extended for. In total, engagement should not exceed eight years. However, in exceptional circumstances and in the interest of the service, at the end of the eighth year, the contract may be extended for a maximum period of two years. Each Member State shall provide its officials who have become temporary agents in the EEAS with a guarantee of immediate reinstatement at the end of their period of renewal. service to the EEAS, in accordance with the applicable provisions of its national law.
Amendment 33 #
Proposal for a regulation – amending act
Article 2 – point 10
Article 2 – point 10
Conditions of Employment of Other Servants of the European Communities
Chapter 10 – Article 50 b – paragraph 2 a (new)
Chapter 10 – Article 50 b – paragraph 2 a (new)
2a. The Member States shall support the Union in the enforcement of any liability under Article 22 of the Staff Regulations of EEAS temporary agents referred to in Article 2(e) of these Conditions of Employment.
Amendment 34 #
Proposal for a regulation – amending act
Article 2 – point 10
Article 2 – point 10
Conditions of Employment of Other Servants of the European Communities
Chapter 10 – Article 50 c – paragraph 2
Chapter 10 – Article 50 c – paragraph 2
Amendment 35 #
Proposal for a regulation – amending act
Article 2 – point 13
Article 2 – point 13
Conditions of Employment of Other Servants of the European Communities
Article 121
Article 121
As regards social security, the institution shall be responsible for the employer's share of the social security contributions under current regulations in the place where the servant is to perform his duties, unless the seat agreement provides otherwise. The institution mayshall set up an autonomous or complementary system of social security for countries where coverage by the local system either does not exist or is insufficient.
Amendment 36 #
Proposal for a regulation – amending act
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Officials and temporary staff occupying a post in an organisational entity which is transferred from the General Secretariat of the Council or the Commission to the European External Action Service (EEAS) pursuant to the Council Decision adopted in accordance with Article 27(3) of the Treaty on European Union shall be deemed to be transferred to the EEAS from the relevant institutions at the date fixed in that Decision. This shall also applypply mutatis mutandis to contract and local staff assigned to such an organisational entity, for whom the conditions of the contract shall remain unchanged. Where a part of an organisational entity is transferred and the officials and other servants assigned to that part of the entity cannot be automatically identified,The Appointing Authority of the Council or of the Commission, as the case may be, shall take a decision on the transfer of the staff in agreement with the High Representative and after hearing the officials and other servants potentially concernedinform in advance the staff concerned by this transfer.
Amendment 37 #
Proposal for a regulation – amending act
Article 3 – paragraph 2
Article 3 – paragraph 2
2. AtWith the requesagreement of the personsHigh Representative and of the national diplomatic service concerned, the contracts of temporary staff from national diplomatic services of the Member States who were engaged, or whose contract was amended, after 30 November 2009 and who occupy a post in an organisational entity which is transferred from the General Secretariat of the Council or the Commission to the EEAS pursuant to the Council Decision adopted in accordance with Article 27(3) of the Treaty on European Union shall be transformed, without a new selection procedure, into contracts under Article 2(e) of the Conditions of Employment of Other Servants. For the rest, the conditions of the contract shall remain unchanged. The request must be made within one year after the date of transfer as fixed in the Council Decision adopted in accordance with Article 27(3) of the Treaty on European Union.
Amendment 38 #
Proposal for a regulation – amending act
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
(2a) Until 30 June 2013 and by way of derogation from Article 7 of the Staff Regulations, officials and other servants of the General Secretariat of the Council or of the Commission exercising technical support functions for the EEAS may, after having been heard, be transferred to the EEAS by common agreement of the institutions concerned, in full respect of the prerogatives of the budgetary authority. This transfer shall take effect on the date determined in the relevant budgetary decision providing for the corresponding posts and appropriations in the EEAS.
Amendment 39 #
Proposal for a regulation – amending act
Article 3 – paragraph 2 b (new)
Article 3 – paragraph 2 b (new)
Amendment 40 #
Proposal for a regulation – amending act
Article 3 – paragraph 2 c (new)
Article 3 – paragraph 2 c (new)
Amendment 41 #
Proposal for a regulation – amending act
Article 3 – paragraph 3
Article 3 – paragraph 3
3. In order to guarantee adequate representation of staff from national diplomatic services in the EEAS, the High Representative of the Union for Foreign Affairs and Security Policy and Vice- President of the Commission mayshall decide that, by way of derogation from Article 98(1)s 29 and 98(1), first subparagraph, of the Staff Regulations, priority may be given until 30 June 2013 for certain posts in function group AD in the EEAS to candidates from national diplomatic services of the Member States in the case of substantially equalequivalent qualifications.
Amendment 42 #
Proposal for a regulation – amending act
Article 3 a (new)
Article 3 a (new)
Article 3a By mid-2013, the High Representative shall submit a report to the European Parliament, the Council and the Commission on the implementation of this Regulation, with a particular emphasis on gender and geographical balance of staff within the EEAS.