# C_2018315EN.01000301.xml

| 7.9.2018 | EN | Official Journal of the European Union | C 315/3 |
| --- | --- | --- | --- |

7.9.2018

EN

Official Journal of the European Union

C 315/3

---

COMMISSION DECISION

of 6 September 2018

designating the standing high-level independent Chair and Vice-Chair of the Panel referred to in Article 143 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (the Financial Regulation) for the remaining period of their current mandate

(2018/C 315/04)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (1), and in particular Article 143(3) thereof,

Whereas:

| (1) | The Panel is the cornerstone of the Early Detection and Exclusion System (EDES, referred to hereinafter as the ‘EDES Panel’). Established in 2016, this inter-institutional Panel has primarily (or inter alia) the task of issuing recommendations at the request of Authorising Officers of all Institutions and bodies on the imposition of administrative sanctions (exclusion from the award of Union funds and/or imposition of financial penalties) on unreliable economic operators. |
| --- | --- |

(1)

The Panel is the cornerstone of the Early Detection and Exclusion System (EDES, referred to hereinafter as the ‘EDES Panel’). Established in 2016, this inter-institutional Panel has primarily (or inter alia) the task of issuing recommendations at the request of Authorising Officers of all Institutions and bodies on the imposition of administrative sanctions (exclusion from the award of Union funds and/or imposition of financial penalties) on unreliable economic operators.

| (2) | Following a public call for expression of interests and a selection by a panel of three Directors-General of the Commission, the College decided, on 5 July 2016 (PV (2016) 2176), to appoint Mr Christian PENNERA, former Jurisconsult and Director-General of the Legal Service of the European Parliament, and Ms Maria Isabel ROFES i PUJOL, former Judge at the European Union Civil Service Tribunal, as Chair and Vice-Chair of the EDES Panel respectively for a mandate of five years ending on 4 July 2021. |
| --- | --- |

(2)

Following a public call for expression of interests and a selection by a panel of three Directors-General of the Commission, the College decided, on 5 July 2016 (PV (2016) 2176), to appoint Mr Christian PENNERA, former Jurisconsult and Director-General of the Legal Service of the European Parliament, and Ms Maria Isabel ROFES i PUJOL, former Judge at the European Union Civil Service Tribunal, as Chair and Vice-Chair of the EDES Panel respectively for a mandate of five years ending on 4 July 2021.

| (3) | On 20 June 2018, the College also decided to appoint Mr PENNERA and Ms ROFES i PUJOL as Chair and Vice-Chair respectively of the Commission’s specialised financial irregularities Panel referred to in Article 73 paragraph 6 of the repealed Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (2) (hereafter ‘the ISIF’ Panel) for a period of two years. The Commission’s ISIF Panel plays an advisory role in determining the existence and the consequences of financial irregularities committed by members of staff. Specialised financial irregularities panels have also been set up in other Union institutions. |
| --- | --- |

(3)

On 20 June 2018, the College also decided to appoint Mr PENNERA and Ms ROFES i PUJOL as Chair and Vice-Chair respectively of the Commission’s specialised financial irregularities Panel referred to in Article 73 paragraph 6 of the repealed Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (2) (hereafter ‘the ISIF’ Panel) for a period of two years. The Commission’s ISIF Panel plays an advisory role in determining the existence and the consequences of financial irregularities committed by members of staff. Specialised financial irregularities panels have also been set up in other Union institutions.

| (4) | The new Financial Regulation which entered into force on 2 August 2018 abrogates all ISIF panels and transfers their competences to the EDES Panel. However, this transfer of ISIF Panels competences to the EDES Panel, will only apply to the implementation of administrative appropriations as from 1 January 2019. |
| --- | --- |

(4)

The new Financial Regulation which entered into force on 2 August 2018 abrogates all ISIF panels and transfers their competences to the EDES Panel. However, this transfer of ISIF Panels competences to the EDES Panel, will only apply to the implementation of administrative appropriations as from 1 January 2019.

| (5) | It is necessary to ensure that the appointment and the mandate of the Chair, as far as the treatment of financial irregularities by staff members is concerned, fully comply with the requirements of the Financial Regulation with regard to his independence, and the conditions set for the duration of his mandate and the selection procedure. This should also apply to the Vice-Chair. |
| --- | --- |

(5)

It is necessary to ensure that the appointment and the mandate of the Chair, as far as the treatment of financial irregularities by staff members is concerned, fully comply with the requirements of the Financial Regulation with regard to his independence, and the conditions set for the duration of his mandate and the selection procedure. This should also apply to the Vice-Chair.

| (6) | In particular in order to respect their independence and the integrity of their five year mandate as Chair and Vice-Chair respectively of the EDES Panel, Mr Christian PENNERA and Ms Maria Isabel ROFES i PUJOL should be also designated for the remaining period of their current mandate as respectively Chair and Vice-Chair of the merged Panel. This is also necessary given the non-renewable nature of the mandate of the Chair of the EDES Panel. In this respect, it is important to underline that the procedure followed in 2016 to appoint Mr PENNERA and Ms ROFES i PUJOL as Chair and Vice-Chair respectively of the EDES Panel fulfils all the requirements of the new Financial Regulation for the appointment of the Chair and Vice-Chair of the merged Panel. |
| --- | --- |

(6)

In particular in order to respect their independence and the integrity of their five year mandate as Chair and Vice-Chair respectively of the EDES Panel, Mr Christian PENNERA and Ms Maria Isabel ROFES i PUJOL should be also designated for the remaining period of their current mandate as respectively Chair and Vice-Chair of the merged Panel. This is also necessary given the non-renewable nature of the mandate of the Chair of the EDES Panel. In this respect, it is important to underline that the procedure followed in 2016 to appoint Mr PENNERA and Ms ROFES i PUJOL as Chair and Vice-Chair respectively of the EDES Panel fulfils all the requirements of the new Financial Regulation for the appointment of the Chair and Vice-Chair of the merged Panel.

| (7) | With view to ensuring transparency and proper information of economic operators, as well as the staff of Union institutions, bodies, European offices and agencies, these appointments should be published, and notified to other Union institutions, Union bodies, European offices and agencies, |
| --- | --- |

(7)

With view to ensuring transparency and proper information of economic operators, as well as the staff of Union institutions, bodies, European offices and agencies, these appointments should be published, and notified to other Union institutions, Union bodies, European offices and agencies,

HAS DECIDED AS FOLLOWS:

Article 1

Appointments

Mr Christian PENNERA and Ms Maria Isabel ROFES i PUJOL are appointed as Chair and Vice-Chair respectively of the Panel referred to in Article 143 of the Financial Regulation for the remaining part of their mandate of five years, as decided by the College on 5 July 2016 (PV (2016) 2176).

Article 2

Contracts as Special Advisers

As provided for in Article 143(3) of the Financial Regulation, Mr Christian PENNERA and Ms Maria Isabel ROFES i PUJOL are administratively attached as Special Advisers to Commissioner OETTINGER in accordance with the Rules governing Special Advisers C(2007) 6655 of 19 December 2007, as amended by Commission Decision C(2014) 541 of 6 February 2014.

| 1. | In order to respect the independence of Mr PENNERA and Ms ROFES i PUJOL and the duration of their mandate, their contracts as Special Advisers will be renewed until the end of their mandate. The contract of Mr PENNERA includes 70 working days and 35 mission days, and the contract of Ms ROFES i PUJOL includes 60 working days and 35 mission days. The number of working days may be amended by way of administrative and budgetary decisions. Mr PENNERA and Ms ROFES i PUJOL will receive a fee for each day of work, calculated on the basis of the basic salary of an official of the European Union in grade AD 16, step 1. |
| --- | --- |

1.

In order to respect the independence of Mr PENNERA and Ms ROFES i PUJOL and the duration of their mandate, their contracts as Special Advisers will be renewed until the end of their mandate. The contract of Mr PENNERA includes 70 working days and 35 mission days, and the contract of Ms ROFES i PUJOL includes 60 working days and 35 mission days. The number of working days may be amended by way of administrative and budgetary decisions. Mr PENNERA and Ms ROFES i PUJOL will receive a fee for each day of work, calculated on the basis of the basic salary of an official of the European Union in grade AD 16, step 1.

| 2. | The contracts of Mr PENNERA and Ms ROFES i PUJOL as Chair and Vice-Chair respectively of the Commission’s specialised financial irregularities Panel referred to in Article 73 paragraph 6 of the repealed Regulation (EU, Euratom) No 966/2012 shall be terminated on 31 December 2018. |
| --- | --- |

2.

The contracts of Mr PENNERA and Ms ROFES i PUJOL as Chair and Vice-Chair respectively of the Commission’s specialised financial irregularities Panel referred to in Article 73 paragraph 6 of the repealed Regulation (EU, Euratom) No 966/2012 shall be terminated on 31 December 2018.

| 3. | Commissioner OETTINGER is authorised to amend, subject to the availability of sufficient funds, the Special Adviser contracts in the event of duly justified needs. |
| --- | --- |

3.

Commissioner OETTINGER is authorised to amend, subject to the availability of sufficient funds, the Special Adviser contracts in the event of duly justified needs.

| 4. | The Director-General of DG HR is authorised to implement this decision by signing the contracts on behalf of the Authority Responsible for Concluding Contracts of Employment. |
| --- | --- |

4.

The Director-General of DG HR is authorised to implement this decision by signing the contracts on behalf of the Authority Responsible for Concluding Contracts of Employment.

Article 3

Publication and notification

The Directorate-General of DG HR is instructed to publish these appointments in the Official Journal — series C and to notify them to other Union institutions, Union bodies, European offices and agencies.

Done at Brussels, 6 September 2018.

For the Commission

Günther OETTINGER

Member of the Commission

---

(1)  OJ L 193, 30.7.2018, p. 1.

1

(2)  Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).

2

---