Proposal for a DECISION OF THE EUROPEAN PARLIAMENT, THE COUNCIL, THE COMMISSION, THE COURT OF JUSTICE, THE COURT OF AUDITORS, THE ECONOMIC AND SOCIAL COMMITTEE, THE COMMITTEE OF THE REGIONS AND THE OMBUDSMAN establishing a European Communities Recruitment Office

(presented by the Commission)

EXPLANATORY MEMORANDUM

Article 2 of the Staff Regulations, as amended by Council Regulation (EEC, Euratom, ECSC) No 3947/92, states that "two or more institutions may entrust to one of them or to an interinstitutional body the exercise of the powers conferred on the appointing authority in respect of recruitment". It accordingly provides a suitable legal basis for the establishment of an Office by joint decision of the institutions.

At the time of the last two enlargements in particular, interinstitutional cooperation was useful in organising competitions for linguists, auditors, secretaries and other staff.

The present arrangements for interinstitutional cooperation are subject to limits, however, in particular because of disparities in procedures, separate organisation of certain competitions and the existence of structures in each institution for organising competitions and selecting staff.

Uniform arrangements should therefore be laid down for organising competitions and pooling the resources allocated.

Such uniform arrangements will bring economies of scale, in particular in the context of the forthcoming enlargement. They will also have positive impact in terms of harmonising and introducing greater professionalism into selection procedures applied by the institutions. This will be of benefit not only to the institutions but also to the EU citizens applying, for whom the selection procedure may well be the first and only contact with the institutions.

Since March 2000 various avenues have been explored in connection with the White Paper on reforming the Commission. On 26 February 2001 the Commission proposed the establishment of an interinstitutional Recruitment Office.

The two draft proposals for interinstitutional Decisions are the result of work carried out by an interinstitutional working group set up on the initiative of the Secretaries-General, who approved the group's conclusions in July 2001. The draft Decisions were adopted by the Commission on 30 October 2001 and then submitted to the Staff Regulations Committee for consultation on 7 December 2001.

It is therefore for the institutions to adopt the Decision establishing the Office. To that end, the Secretaries-General should apply the Staff Regulations in the field of recruitment and take by common assent the measures needed to implement that Decision.

Proposal for a DECISION OF THE EUROPEAN PARLIAMENT, THE COUNCIL, THE COMMISSION, THE COURT OF JUSTICE, THE COURT OF AUDITORS, THE ECONOMIC AND SOCIAL COMMITTEE, THE COMMITTEE OF THE REGIONS AND THE OMBUDSMAN establishing a European Communities Recruitment Office

THE EUROPEAN PARLIAMENT, THE COUNCIL OF THE EUROPEAN UNION, THE COMMISSION OF THE EUROPEAN COMMUNITIES, THE COURT OF JUSTICE, THE COURT OF AUDITORS, THE ECONOMIC AND SOCIAL COMMITTEE, THE COMMITTEE OF THE REGIONS AND THE EUROPEAN OMBUDSMAN,

Having regard to the Staff Regulations of officials of the European Communities, and in particular the third paragraph of Article 2 thereof, and to the Conditions of employment of other servants of the European Communities, as laid down by Council Regulation (EEC, Euratom, ECSC) No 259/68 [1],

[1] OJ L 56, 4.3.1968, p. 1.

Having regard to the opinion of the Staff Regulations Committee,

Whereas:

(1) In the interests of making efficient and economic use of resources, a single interinstitutional body should be entrusted with the means of selecting officials and other servants to serve the European Communities.

(2) The interinstitutional body so established should have the task of drawing up aptitude lists from among candidates in open competitions in line with needs and in compliance with the Staff Regulations, the decisions to appoint successful candidates being taken by each appointing authority.

(3) On the same terms, the interinstitutional body should also be able to assist the institutions, bodies, offices and agencies established by or in accordance with the Treaties with their internal competitions and the selection of other servants,

HAVE DECIDED AS FOLLOWS:

Article 1

(Establishment)

A European Communities Recruitment Office (hereinafter referred to as "the Office") is hereby established.

Article 2

(Powers)

1. The Office shall exercise the powers of selection conferred under the first paragraph of Article 30 of the Staff Regulations and under Annex III thereto on the appointing authorities of the institutions signing this Decision. In exceptional cases only and with the agreement of the Office, the institutions may hold their own open competitions to meet specific needs for highly specialised staff.

2. Where the powers referred to in paragraph 1 are conferred on the appointing authority of a body, office or agency established by or in accordance with the Treaties, the Office may exercise such powers at the request of the latter.

3. The decisions to appoint successful candidates shall be taken by the appointing authorities of the European Parliament, the Council, the Commission, the Court of Justice, the Court of Auditors, the Economic and Social Committee, the Committee of the Regions and the Ombudsman and by any body, office or agency established by or in accordance with the Treaties which has delegated its powers to, or called on the services of, the Office.

Article 3

(Duties)

1. In response to requests made to it by the appointing authorities referred to in Article 2, the Office shall draw up aptitude lists from among candidates in open competitions as referred to in the first paragraph of Article 30 of the Staff Regulations and in accordance with Annex III thereto.

2. The Office may assist the institutions, bodies, offices and agencies established by or in accordance with the Treaties with internal competitions and the selection of other servants.

Article 4

(Requests, complaints and appeals)

In accordance with Article 91a of the Staff Regulations, requests and complaints relating to the exercise of the powers conferred under Article 2(1) and (2) of this Decision shall be lodged with the Office. Any appeal in these areas shall be made against the Commission.

Article 5

(Implementation)

The Secretaries-General of the European Parliament, the Council and the Commission, the Registrar of the Court of Justice, the Secretaries-General of the Court of Auditors, the Economic and Social Committee and the Committee of the Regions and the representative of the Ombudsman shall by mutual agreement take the measures necessary to implement this Decision.

Article 6

(Effective date)

This Decision shall take effect on ...

Done at Brussels and at Luxembourg,

For the Council For the European Parliament

The President The President

For the Commission For the Court of Justice

The President The President

For the Economic and Social Committee For the Committee of the Regions

The President The President

For the Court of Auditors For the European Ombudsman

The President The Ombudsman