# EUR-Lex - 52012PC0377 - EN

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# 52012PC0377

**Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL introducing, on the occasion of the accession of Croatia, special temporary measures for the recruitment of officials and temporary staff of the European Union /* COM/2012/0377 final - 2012/0224 (COD) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

The attached draft of this Regulation
concerns recruitment issues arising from the accession of Croatia to the
European Union on 1 July 2013.

In previous enlargements, specific measures
were adopted to recruit nationals of the countries that were joining the Union.
This required a Council Regulation temporarily derogating from the relevant
provisions of the Staff Regulations[1]
concerning recruitment.

The main features of the proposal are:

1.           The proposed expiry date
for the derogation from the Staff Regulations is 30 June 2018.

2.           The Regulation provides
for the organisation of competitions for the selection of officials from
Croatia on a national basis.

3.           Competitions for Croatian
nationals may be held, and lists of successful candidates drawn up, before the
accession of that country to the Union. However, a country must have joined the
Union before its nationals may be appointed as officials to a post with the
Institutions.

4.           The Institutions have the possibility
of derogating from the requirement to advertise vacant posts within the
Institutions. They may, however, publish vacant posts if they so wish.

Each Institution will determine the number
of officials and temporary staff from the candidate country to be recruited
under this derogation Regulation.

2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

Not applicable.

3.           LEGAL ELEMENTS OF THE
PROPOSAL

A derogation from Article 4(2) and (3),
Article 7(1), Article 27, and Article 29(1)(a) and (b) of the Staff Regulations
is proposed, as is a derogation from the Conditions of Employment of Other
Servants of the European Union in so far as they provide for application of
these provisions of the Staff Regulations to the recruitment of temporary
staff.

2012/0224 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

introducing, on the occasion of the
accession of Croatia, special temporary measures for the recruitment of
officials and temporary staff of the European Union

THE EUROPEAN PARLIAMENT AND THE
COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 336 thereof,

Having regard to the proposal from the
European Commission, submitted following consultations with the Staff
Regulations Committee,

After transmission of the draft legislative
act to the national Parliaments,

Having regard to the opinion of the Court
of Justice[2],

Having regard to the opinion of the Court
of Auditors[3],

Acting in accordance with the ordinary
legislative procedure,

Whereas:

(1)       On the occasion of the
accession of Croatia on 1 July 2013, special temporary measures should be
adopted to derogate from the Staff Regulations of Officials of the European
Union (hereinafter Staff Regulations) and the Conditions of Employment of Other
Servants of the European Union (hereinafter Conditions of Employment).

(2)       Given the relative size of
the country acceding and the number of persons potentially involved, these
measures, albeit temporary, should remain in force for a substantial period. 30
June 2018 appears to be the most suitable expiry date in this regard.

(3)       Given the need to make the
planned recruitments as soon as possible after accession, this Regulation
should be adopted before the actual accession date,

HAVE ADOPTED THIS REGULATION:

Article 1

1.           Notwithstanding Article
4(2) and (3), Article 7(1), Article 27 and Article 29(1)(a) and (b) of the
Staff Regulations, vacant posts may be filled from the actual date of accession
of the country concerned until 30 June 2018 by the appointment of Croatian
nationals, within the limit of the number of posts allotted and taking into
account the budgetary discussions.

2.           Appointments shall be made
from the actual date of accession and, except for senior officials
(Directors-General or their equivalent in grade AD 16 or AD 15 and
Directors or their equivalent in grade AD 15 or AD 14), following
competitions based on either qualifications or tests, or both qualifications
and tests, organised as specified in Annex III to the Staff Regulations.

Article 2

1.           The derogation in Article
1(1) of this Regulation applies mutatis mutandis to the recruitment of
Croatian nationals as temporary staff.

2.           Appointments shall be made
from the actual date of accession.

Article 3

This Regulation shall enter into force on
the day following that of its publication in the Official Journal of the
European Union.

This Regulation shall be binding
in its entirety and directly applicable in all Member States.

Done at Brussels,

For the European Parliament                       For
the Council

The President                                                 The
President

[1]               For the case of the 2004 enlargement, see
OJ L 67, 5.3.2004, p. 1.

For the case of the
2007 enlargement, see OJ L 335, 1.12.2006, p. 5.

[2]               OJ C , , p. .

[3]               OJ C , , p. .