EN    EN EN 
 
EN    EN  EUROPEAN COMMISSION 
Brussels, 21.6.2010 
SEC(2010)734 final 
REPORT TO THE COMMISSION 
ANNUAL ACTIVITY REPORT 
OF THE MEDIATION SERVICE 
OF THE EUROPEAN COMMISSION 
2009 
  
in accordance with Article 5(1) of the Commission Decision 
 
EN    EN 
  
 ANNUAL ACTIVITY REPORT
             OF THE MEDIATION SERVICE   
         OF THE EUROPEAN COMMISSION  
20092009
                        in accordance with
    
  
  Article 5(1)
 of the  Commission Decision    
 
           of 4 March 2002
 
 
EN 3   EN TABLE OF CONTENTS 
1. INTRODUCTION........................................................................................................ 4 
2. GENERAL FRAMEWORK ........................................................................................ 4 3. TYPES OF CASES...................................................................................................... 5 3.1. Overview.................................................................................................................. .... 5 
3.2. Statutory rights and obligations ................................................................................... 6 3.3. Relationship conflicts in th e workplace and harassment ............................................. 6 
3.3.1. Methodology ............................................................................................................. ... 6 
3.3.2. Analysis of cases....................................................................................................... ... 7 
3.3.3. Potential solutions ..................................................................................................... ... 7 
3.4. Social component......................................................................................................... 8  
4. RECOMMENDATIONS ............................................................................................. 9 4.1. Follow-up of the recommendations of the 2008 annual report.................................... 9 4.1.1. Contract staff.......................................................................................................... ...... 9 
4.1.2. Application of Article 24 of the Staff Regulations ...................................................... 9 
4.1.3. Fast-tracking mobility .................................................................................................. 9 
4.2. New recommendations............................................................................................... 10 4.2.1. PMO services ............................................................................................................ . 10 
4.2.2. The "over 50s".......................................................................................................... .. 10 
4.2.3. The status of grant-holders in th e Joint Research Centre (JRC) ................................ 10 
5. FINDINGS ................................................................................................................. 11 6. ANNEXES ................................................................................................................. 12 
 
EN 4   EN 1. INTRODUCTION 
In accordance with Article 5(1) of Comm ission Decision C(2002) 601 of 4 March 2002 
setting up a reinforced Mediati on Service, the Commission Mediat or is required to submit an 
annual report to the Commission. This report con cerns the activities of the Mediation Service 
in 2009, which is the second reference period since the new Mediator  took up office in 
February 2008.  
Continuity, consolidation and development have  been the focus of th e Mediation Service's 
work in 2009. These objectives influenced the Se rvice's working principles as well as its 
methods and instruments for acti on. Independence, impartiality and confidentiality have been 
the three strategies which have conti nued to guide the Mediator's approach. 
In 2009, the Mediation Service handled 370 cases, a considerable increase compared 
with the previous year (257 cases) . In addition, 73 cases which could not be completed the 
first year were also processed, with a solu tion being found in 2009 for over half of them.  
The findings of the 2008  report advocated measures to improve good administration and made 
specific recommendations to the Ad ministration. Section 4 of this  report describes steps taken 
by the Administration in this direction. Further recommendations are presented at the end of 
the report. 
2. GENERAL  FRAMEWORK 
In accordance with  the abovementioned decision, the Se rvice's work, as in 2008, was carried 
out with strict observance of confidentiality, on the basis of  three essential parameters 
(complementarity of action with  other departments, pursuit of  a conflict management policy 
and creation of a true mediation culture). 
The Mediator's activities underpin  and supplement the work of th e Institution in terms of the 
professionalisation of human resources policy. One of the key instruments of 
complementarity of action, dedicated contact poin ts, was further reinforced and consolidated 
in 2009. Mutual trust between human resources ma nagers and the Media tion Service has been 
the main element in the success of this approa ch. The possibility of rapid contact with the 
departments directly concerned by a case is essential for trying to find an appropriate, 
balanced solution. However, despite the progr ess made, contacts in some Directorates-
General should be further developed.  
Since the Mediation Service was reinforced in 2008, it has made considerable efforts to 
transform the conflict and confrontation approach  into a culture of mediation. Not only does 
the rise in the number of cases brought by Commi ssion staff demonstrate this ability to settle 
disputes in a less formal and c onfrontational way, but it also, and above al l, it demonstrates 
the will of management to try and find an amicab le solution by referring cases directly to the 
Mediation Service. This approach  deserves to be underlined and encouraged. It proves that 
some Commission departments ar e starting to become aware of  the added value provided by 
solutions involving mediation. 
 
EN 5   EN 3. TYPES  OF CASES 
3.1. Overview 
The Mediation Service is available to ove r 30 000 officials and other agents of the 
Commission. To facilitate matters for staff in th e various Institution premises located outside 
Brussels, the members of the Service carried  out several missions to Ispra, Seville, 
Luxembourg, Geel, Karlsruhe and Petten.  
The number of cases dealt with in 2009 (370) means a 50% increase compared with 2008 . 
The two main categories of cases referred to th e Service are: issues relating to statutory 
rights and obligations, and relations hip conflicts, including harassment.  Problems 
relating to statutory matters account for over ha lf of all cases (203 cases). Relationship 
problems represent approximately 42% of the cases (155 cases). A certain number of cases 
have a significant social component, involving pa rticularly delicate family, medical or even 
financial situations. 
The abovementioned decision states that oral or  written recommendations to resolve a dispute 
can be made with respect to complaints lodged pursuant to Article 90(2) of the Staff Regulations. While several complaints may have been avoided following intervention by the Mediator in accordance with Article 90, the Me diation Service would like to underline the 
fact that it has not yet been possible to carry out a more dynamic and systematic analysis of 
complaints submitted to the Administration pursuant to this Article. This is mainly due to a lack of resources and th e resulting excess workload borne by the Service. 
This excess workload explains why, in 2009, the Me diator had to establis h priorities in order 
to handle the cases referred to her. Out of the 370 cases concerned, roughly 78% were completed, while 18% are still in progress or pending. A small percentage – 4% – concerns 
cases which were rejected or a ssigned to another department.  
There are three kinds of activitie s performed by the Service. Impa rtial advice can be given to 
Commission staff (47%), the Me diation Service can intervene with respect to Commission 
departments (32%), always with the prior agreement of the part y concerned, or actual 
mediation can be organised (18%). Two structur ed interventions led to the Mediator making a 
written recommendation. The Mediator is please d to note that these recommendations were 
scrupulously followed by the Dire ctorates-General concerned. 
There has been a slight increase in the numbe r of cases (65 compared with 44 in 2008) of 
mediation in the strict meaning of the term, as  a tried and tested tec hnique used to settle 
disputes. This approach must, however, be furt her developed in future. Greater efforts by the 
Institution to proceed with amicable settlement s would be welcomed, as stated also in the 
general comments of the Civil Service Tribunal's annual report
1. 
                                                 
1 "[…] It proved possible to bring only two cases to a close following an amicable settlement at the 
instigation of the bench hearing the action. The Civil Service Tribunal takes the view that this rather 
unsatisfactory figure is in large part attributable to  the often reluctant attitude of the parties, and the 
institutions in particular, although in many instances, the case was suitable for amicable settlement and 
there was a genuine chance of reaching such a settle ment". (Proceedings of the Civil Service Tribunal in 
2009, page 1). 
 
EN 6   EN 3.2. Statutory rights and obligations 
The experience acquired in 2009 in handling cases of statutory rights and obligations confirms 
the trends already mentioned in  the previous repor t. The main reasons for the disputes 
between Institution staff and the Administration wh ich were identified that year unfortunately 
still apply, in particular as regards the excessively restrictiv e and routine application of the 
Staff Regulations.  
Of the 203 cases concerned, examination of  some was temporarily suspended by the 
Mediator. It is worthwhile highlighting some as pects which constitute grounds for a refusal by 
the Mediation Service. The Mediator has no in tention of replacing th e competent Commission 
departments in terms of everyday handling of  cases. This point concerns the PMO and DG 
RELEX, Directorate K, in particular. A large number of cases submitted to the Mediation Service were intended simply to obtain an answer from the Administration, which had not 
responded within a reasonable period of time. Since mediation can start only once the 
arguments of both parties have been properly identified, the Mediation Service was unable to 
intervene until the Administration had formulated  its initial position. This is why cases have 
been rejected or suspended.  
The problems relating to rights and obligations have to do with the content of the Staff 
Regulations, which is why the complaints submitte d to the Mediator have virtually the same 
characteristics as in the previous report. 
As in 2008, an important customer for the Me diation Service was DG RELEX. At the request 
of the management of this Directorate-Gene ral, the Mediation Service conducted a fact-
finding mission outside the EU in relation to a specific case. This particularly complex case 
based partly on the interpreta tion of national legislation co ncerning the compliance of the 
contractual situation of the ag ents concerned had been settled by the Mediation Service in 
another delegation. Following a thorough exam ination and thanks to the very good 
cooperation of the Directorates-G eneral concerned, it proved possi ble to find an amicable and 
satisfactory solution for all the parties concerned, including the Administration. 
The 2008 report referred to persisting problems involving the PMO and the application of 
Article 85 of the Staff Regulatio ns (recovery of undue payments),  in particular as regards a 
lack of relevant information and failure to pr ovide justification for d ecisions. The experience 
acquired in the cases handled in 2009 prompt s the Mediator to raise a new and not 
insignificant point. While the Administration can invoke Article 85 to remedy an error 
committed, a certain number of cases have shown that the conditions governing recovery that 
are laid down in this Article are not always  properly examined or, consequently, properly 
applied. 
3.3. Relationship conflicts in the workplace and harassment 
In 2009, 155 people contacted the Mediation Service about probl ems relating to relationship 
conflicts in the workplace or harassment (moral  and sexual), which account for 42% of all the 
cases handled by the Service. 
3.3.1. Methodology 
In terms of methodology , the special nature of the appr oach developed by the Mediation 
Service is that it tri ggers a dynamic process of efforts to find a solution. The key element of 
 
EN 7   EN this approach is the confidential, personal interview,  which makes it possible to identify the 
type of problem, the seriousness of the situation and the available resources, so that potential 
solutions can be pinpointed. 
The other aspect which the Service has endeavoure d to take into account  where possible is the 
dialogue with the alleged harassers , who represent the other side of  the coin. This preventive 
approach favoured by the Service means that pr oblematic behaviour is not stigmatised, and a 
genuine attempt at clarification can be undertak en with the parties concerned. The aim is to 
get beyond a dialectic based on the opposition between true and false, and guilty and 
innocent, which is the territory of a formal j udicial approach, in order to concentrate on the 
dysfunctional aspects of behaviour.  
Subsequent in-depth discussi on of the situation is the routine approach  adopted by the 
Service. A conflict or case of  alleged harassment can sometimes conceal the malfunctioning 
of a department, structural shortcomings, management flaws or a personal problem. 
3.3.2. Analysis of cases 
In 2009 the Service worked on some particularly  complicated cases, which involved several 
people rather than the usual scenario of a bila teral relationship, thereby making the case more 
complex. 
From the viewpoint of the persons involved , there were far fewer cases of 
harassment/conflicts in relations with colleagues  (horizontal relations) than in relations with 
management  (vertical, descending); therefore this ha s remained the same compared with the 
previous year. This point confirms the fact that  position in the hierarc hy is still a key element 
in conflicts. Management style  also appears to play a quite  important role. It is also 
worthwhile pointing out that a small percentage of cases c onsisted of complaints from 
managers who felt they were being attacked by a subordinate (vertical, ascending). In some 
cases, there were false accusations  of harassment made agains t bosses or colleagues which 
the Mediation Service was able to  foil by uncovering hidden agendas. 
Generally speaking, what characterises cases in this category is the fact that people 
experiencing quite difficult relations at work risk getting caught up in a vicious circle of 
exclusion . Given the current situati on at the Commission, mobility is extremely difficult in 
the event of a problem of this kind. This causes serious problems for people who are forced to 
change their working environment following a c onflict, and they run th e risk of becoming 
locked into a vicious circle. 
The Mediation Service also identified cases in which human relations issues took the form of 
a "strategic", active exclusion mechanism, whic h seemed to be based on objectives bearing no 
relationship to the abil ities of the person concerned. Such  a situation implies obvious psycho-
social risks for the persons targeted and undermin es the ethical behaviour rules and values of 
the Institution. 
3.3.3. Potential solutions 
Generally speaking, the main features of relatio nship conflicts and, even more so, harassment, 
are the implications, which can be  very serious for the victims, even if they are only alleged 
victims during the informal procedure.  
 
EN 8   EN In many cases, therefore, if the situ ation is not revers ible through active mediation  between 
the parties, a solution must be found involving the prompt separation of  the parties involved, 
in accordance with Decision C(2006)1624/32. Separating the parties concerned means 
reassigning one of the two people involved in the dispute, or ev en both in exceptional cases. 
In a normal mobility procedure, it is very difficult, however, to find an alternative post 
because of the structural shortage of vacanci es. The "age" factor (over 50) can complicate 
matters even further.  
That is why, in properly identified problematic situations and in cases where there has been 
no alternative to separation, the Service has negotiated relative ly rapid transfers with the 
Directorates-General concerned,  with a budget allocation, for a period limited to one year at 
most. Because the post is "lent" for a year, th e Directorate-General which is "lending" the 
person thus signals its willingness to allow the pe rson to "return" even before the period is 
complete. The Service could also propose an exchange to fill th e vacancy created as a result. 
This is what allows the fast-tracking system to remain in constant movement, so that the 
number of posts lent and the number of people returning to former posts tend to offset each 
other. 
The Service obtained positive results overall when it organised 24 transfers  (one in the 
context of COMPAS), with the active cooperat ion of the human resources managers of the 
Directorates-General concerned. It  thus managed to get people back to work who had been on 
sick leave for long periods as a result of a relationship conflict or alleged harassment. A 
simple arithmetic calculation of the days on wh ich certain people were absent, which takes 
account only of the most significant cases, pro duces a figure of up to 2000 days. In some 
cases, specific support measures such as co aching have also been  introduced with the 
cooperation of the Administration. 
This approach makes it possible to b reak the vicious circle of exclusion , which can be 
very serious in some cases. The Institution thus avoids the risk  of further penalising people in 
a temporarily weak situation and si desteps the classic safety valve, which is the last resort of 
potential victims: long-term sick l eave, the forerunne r of disability. 
3.4. Social component 
A certain number of cases comprise a pred ominant social component consisting of a 
combination of medical and even financial aspe cts. People are often prompted to consult the 
Mediation Service after having tr ied other solutions unsuccessfu lly for a long time, sometimes 
without even having obtained any advice or a sympathetic ear. Such people sometimes 
develop a feeling of injustic e, which undermines their produc tivity in the Institution.  
Contacts with DG ADMIN and ot her Commission departments have proven to be extremely 
positive when looking for solutions in this respect, enabling half of the cases of this type to be resolved. The Service considers that it is in  fact through  particularly careful management of 
cases with social components that the hum an face of the Institution can be improved.  
                                                
 
2 "Where there are signs of psychological or sexual harassment, one option which may be envisaged is to 
move one of the parties concerned (within the DG or to another DG). This measure may take the form 
of a reassignment in the interests of the service, and may involve the victim (preferably with his or her agreement) or the alleged harasser (following an interview with the competent DG)". (Commission 
Decision C(2006) 1624/3 of 26 April 2006 on the European Commission policy on protecting the 
dignity of the person and preventing psychological harassment and sexual harassment, paragraph 6.2.3). 
 
EN 9   EN 4. RECOMMENDATIONS   
4.1. Follow-up of the recommendations of the 2008 annual report 
Measures to improve the Administration's fu nctioning were put forward in the previous 
report: quality of information, fast action, in par ticular in the case of conflicts or harassment, 
the right person in the right pl ace, the development of managers ' relationship skills, and the 
use of coaching. These measures apply now more  than ever. Specific recommendations were 
also addressed to the Administration.  
4.1.1. Contract staff  
The Mediation Service had identified a probl em linked to the difficulty faced by some 
contract staff members  who had passed a selection procedure for a higher function group in 
receiving credit for all of their pr ofessional experience. It was pointed out that if this situation 
continued, it could prove to be highly demo tivating and contrary to good administrative 
practice. The Mediator is pleased to see that the Administration is willing to examine this 
situation. DG HR is in the process of fina lising new general implementing provisions which 
should enable all experience acqui red by contract staff members to be taken in to account, as 
regards the criteria applied both when they are recruited and when  they are classified in grade 
and step, provided that it has b een acquired in one of the Co mmission's sectors of activity. 
The Mediation Service will carefully follow th e efforts in this domain until they are 
concluded.  
4.1.2. Application of Article 24  of the Staff Regulations 
The Mediation Service had also recommended that guidelines be drawn up for applying 
Article 24 of the Staff Regulations . The Mediator takes note of the fact that informal 
procedures were recently introdu ced to coordinate better the wo rk of the various departments 
involved in managing and monitoring re quests made pursuant to Article 24. 
The Mediator would have preferred to see clea r guidelines established in this domain. In 
addition, with regard to investig ation procedures which have led to the dismissal of a case, she 
agrees with the Administration that a case-by- case approach could be a good option to assess 
whether specific compensation should be granted. 
4.1.3. Fast-tracking mobility 
The Mediation Service had also recommended fast-tracking mobility  to solve some types of 
cases, in particular relations hip conflicts. However, the Mediator regrets that the 
Administration is reluctant to establish a new formal interdisciplinary structure. Nevertheless she recommends more flexibility in the COMPAS
3 mechanism so that she can solve the cases 
referred to her more quickly. 
                                                 
3 COMPAS (coordination of medical, psychosocial  and administrative assistance) was set up in 
accordance with the communi cation of 26 Apr il 2006 on management policy on absence for medical 
reasons and invalidity. It is a special coordinating structure involving all departments working in the 
social, psychological and medical sphere that makes it possible to fast-track mobility and any 
subsequent reassignment of duties, if necessary. 
 
EN 10   EN 4.2. New recommendations 
4.2.1. PMO services The Mediation Service notes that a large numbe r of pecuniary cases arise from systemic 
problems identified at the PMO. In its 2008 annua l report, the Mediation Service had already 
pointed out that the excessively rigid and im personal approach to cases by the PMO could 
have adverse effects on individual staff entitlements. Mention was also made of the need for advance warning of a recovery procedure and explanations as to why it would take place. 
From the experience acquired in handling ca ses concerning the PMO in 2009, however, the 
Mediator would confirm that the situation is st ill the same. The success of  a file still depends 
all too often on the goodwill of individual desk officers. The Mediation Service would point 
to the lack of a coherent, coordinated, proactive approach by some PMO services.  
A change of attitude by the people who are in the frontline is also necessary to avoid 
situations where a staff member is simply poor ly informed or not pr operly directed to the 
PMO unit which is actually competent.  
The Mediation Service recommends a thorough exam ination of the reasons for this situation 
in order to guarantee the fundamental principl es of good administration,  team spirit and duty 
of care, while reinforcing the positive image of the Institution's reputation. 
4.2.2. The "over 50s" 
Of all the cases in 2009, the AD 12  category is by far the bigg est group. This should probably 
be looked into carefully by the Administration sin ce this is a pre-retirement category which is 
often confined to very  secondary roles. In particular, looking at grades AD 12 and AD 13 
together, the Mediation Service has learnt from experience that the Institution could make 
better use of the resources represented by the over 50s who are not in management 
positions  by taking care to define their tasks a nd responsibilities and giving them real 
objectives. These situations sometimes result in  people being kept on th e sidelines, which can 
lead to demotivation, a great lo ss of self-esteem and often h ealth problems for the people 
affected, and a considerable loss of expertis e for the Institution since these staff members 
have very high potential.  
The Mediator considers that the Administratio n should examine this situation thoroughly in 
order to find the best way of making the most of this huge reservoir of expertise which is 
crying out to be properly used. At a time of zer o-growth of human resources, this potential 
could represent a real asset for the Institution. 
4.2.3. The status of grant-holders in the Joint Research Centre (JRC) 
The Mediation Service asks the Administration to define a coherent, definitive solution to 
effectively regulate the administra tive status of Commission grant-holders in all the JRC sites. 
The solution should ensure, on th e one hand, the fast-tracking of the recruitment procedure for 
agents with very specialised sk ills that match the specific need s of the JRC and, on the other, 
compliance with the basic rules of non-discrimination and equal access that are found in staff 
regulations everywhere.  
The Mediator asks the Admini stration to ensure that the conclusions of the political 
consultations held at the end of 2009 are ta ken into account fully during the work of 
amending the general implementing provisions for c ontract staff, in part icular to enable JRC 
 
EN 11   EN grant-holders to be recruited as contractual staff members following specific selection 
procedures organised by EPSO.  
5. FINDINGS 
The Mediation Service wishes to thank all the department s of the Institution which 
cooperated with it for their readiness to help  and assistance in finding solutions in the 
specific cases it has had to handle. 
The experience acquired in handling these cases clearly shows that geographical distance  is 
a significant and unfavourable factor. A very large number of people who contacted the 
Service live and work outside the Institution's hea dquarters. Distance would appear to 
promote the emergence of disput es and can even intensify them , making it more difficult to 
find solutions. Given this, and based on the requests submitted to her, the Mediator is concerned about the fact that  it is impossible for staff in  the executive and Community 
agencies to have recourse to a mediation body. Thus, given the e fforts being made to establish 
the new European External Action Service, the Mediator considers it advisable to make the 
Administration aware of this potential risk. 
The Commission Mediator takes th e firm view – already expre ssed in her previous report – 
that the shift to a culture of  mediation, prevention and mana gement of conflict based on 
ethical principles is a complex dynamic process that needs to be developed and strengthened. 
This exercise cannot succeed without the full  commitment of the Administration, staff 
representatives, each and every official and ag ent of the Institution, and the management and 
Commissioners. 
 
EN 12   EN 6. ANNEXES 
 
2009 statistical data 
 
State of play at 31/12/2009
60
5131184
102
020406080100120140160180200
Number of
cases resolvedNumber of
cases closedNumber of
ongoing casesNumber of
pending casesNumber of
cases refusedNumber of
cases
reassigned
 
 
EN 13   EN 
174
120
65
8
020406080100120140160180
AD VI C E AC TI ON M E D I ATI ON N O AC TI ONType of intervention
 
 
EN 14   EN 
Type of cases
84119155
10
020406080100120140160180
1
Financial obligations
Non-financial obligations
Harassment/relationship conflicts
Other
 
 
EN 15   EN Gender breakdown
199
171
F M
 
 
EN 16   EN 
128
112
56
19
22
9
24
020406080100120140
AD AST AC AT AL R E TI R E D OTH E RStatus of complainants
 
0510152025303540
G F  I G F  I I G F  I I IG F  I V A D 5 A D 6 A D 7 A D 8 A D 9 A D 1 0A D 1 1A D 1 2A D 1 3A D 1 4A D 1 5A S T 1A S T 2A S T 3A S T 4A S T 5A S T 6A S T 7A S T 8A S T 9Category of complainants