# EUR-Lex - 52011DC0374 - EN

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# 52011DC0374

**DRAFT AMENDING BUDGET N° 5TO THE GENERAL BUDGET 2011 STATEMENT OF EXPENDITURE BY SECTIONSection IX - European Data Protection SupervisorSection X - European External Action Service /* COM/2011/0374 final */**

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DRAFT AMENDING BUDGET N° 5
TO THE GENERAL BUDGET 2011

STATEMENT OF
EXPENDITURE BY SECTION
Section IX – European Data Protection Supervisor
Section X – European External Action Service

Having regard to:

–
the Treaty on the Functioning of the European
Union, and in particular Article 314 thereof, in conjunction with the
Treaty establishing the European Atomic Energy Community, and in particular
Article 106a thereof,

–
the Council Regulation (EC, Euratom) No
1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general
budget of the European Communities[1],
and in particular Article 37 thereof,

–
the general budget of the European Union for the
financial year 2011 adopted on 15 December 2010[2],

–
the amending budget No 1/2011 adopted on 6 April
2011,

–
the draft amending budget No 2/2011[3], adopted on 25 March 2011,

–
the draft amending budget No 3/2011[4], adopted on 15 April 2011,

–
the draft amending budget No 4/2011[5], adopted on 17 June 2011,

The European Commission hereby presents to the budgetary
authority the Draft Amending Budget No 5 to the 2011 budget.

CHANGES TO
THE STATEMENT OF REVENUE AND EXPENDITURE BY SECTION

The changes to
the statement of revenue and expenditure by section are available on EUR-Lex (http://eur-lex.europa.eu/budget/www/index-en.htm).
An English version of the changes to this statement is attached for information
as a budgetary annex.

1.     Introduction

Draft Amending Budget (DAB) No 5 for the
year 2011 covers the following:

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A modification to the establishment plan of the
European Data Protection Supervisor (EDPS), without additional budgetary request.

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A modification to the establishment plan of the
European External Action Service (EEAS), without additional budgetary request.

2.     European Data Protection
Supervisor (EDPS)

Following a selection
procedure aimed to fill a vacancy for a management post, on 16 March 2011 the
EDPS appointed a new Director of the European Data Protection Supervisor
Secretariat.

In accordance with
Article 5(5) of Annex XIII of the Staff Regulations the new Director should be
promoted to the next higher grade, since he was an official in grade A3 on 30
April 2004. For this reason, the appointment of the new Director represents an
exceptional circumstance for the EDPS: Article 5(5) of Annex XIII of the Staff
Regulations is applicable but the current authorised establishment plan does
not permit compliance with this statutory obligation.

In order to be able to
comply with the Staff Regulations, this amending budget consists of an upgrade
of a permanent post from AD14 to AD15, without additional budgetary request.

The revised establishment
plan is included in the budgetary annex.

3.     European External Action
Service (EEAS)
3.1    Introduction

The EEAS establishment
plan currently in force was designed in 2010. A number of parameters which
determine the number of occupied posts and therefore of vacant posts at each
grade were not known at the time:

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The number of staff actually transferred from
the Commission and the Council has been affected by individual choices which
led some officials to remain in their institution of origin or to return to it
shortly after their transfer. Conversely, a number of officials have
volunteered to join the EEAS after its establishment;

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The grades of new recruits could not be
forecasted. Posts are offered to candidates from Member States at a set grade
and to EU officials at grades ranging from AD 5 to AD 14. As a
result, the actual grade of any new recruit is known only when the selection
process has been completed.

Such uncertainty is
specific to the EEAS: no other institution has seen movements of staff to and
from other institutions and Member States to such a high proportion of its
establishment plan in such a short period of time.

3.2    Recruitments from Member States and need for a
transformation of posts

Based on experience
gained, some adaptations should be made to the establishment plan of the EEAS.
Firstly, in order to facilitate recruitments from Member States, so as to reach
the objective set out in the Council Decision[6]
that, when full capacity is reached, staff from Member States (to be engaged to
fill temporarily permanent posts in the EEAS, pursuant to Article 2(e) of the
Conditions of Employment of other servants of the EU) should represent at least
one third of all EEAS staff at AD level, temporary posts should be transformed
into permanent posts.

In addition, it has
become possible to evaluate again the needs taking into account: posts actually
occupied at mid-May 2011; recruitments in their final phase, notably relating
to the 80 new posts allocated to delegations in 2011; possible additional
recruitments in 2011, notably in the context of the rotation exercise; foreseen
departures on retirement in 2011;

3.3    Promotion

The Staff Regulations
(Article 6) provide that given percentages of posts must be left vacant for
promotions.  These percentages are set out in the Annex I-B to the Staff
Regulations.

In 2011, EEAS staff
transferred from the Commission and the Council will be promoted in accordance
with the rules and procedures in force in their institution of origin.

Hence, the EEAS must
have in its establishment plan a sufficient number of vacant posts to comply
with its legal obligations regarding promotions.

3.4    Conclusion

The transformation of
posts which results from this exercise would have a limited net annual cost of
around EUR 1,4 million, taking into account also that the EEAS
renounces six AD 15 and three AD 16 posts in order to minimise costs
involved. However, as this transformation will have effect only during part of
2011, no additional appropriations are requested for this year. The Draft
Budget for 2012 already takes into account an amended establishment plan.

The revised establishment
plan is included in the budgetary annex.

[1]               OJ L 248, 16.9.2002, p. 1.

[2]               OJ L 68, 15.3.2011, p. 1.

[3]               COM(2011) 154 final.

[4]               COM(2011) 219 final.

[5]               COM(2011) 375 final.

[6]               2010/427/EU