EN Official Journal of the European Union C 94/3

OPINION No 2/2014

(pursuant to Article 336 TFEU)

concerning a proposal for a regulation of the European Parliament and of the Council adjusting with the effect from 1 July 2011 the remuneration and pension of the officials and other servants of the European Union and the correction coefficients applied thereto

and

concerning a proposal for a regulation of the European Parliament and of the Council adjusting with the effect from 1 July 2012 the remuneration and pensions of the officials and other servants of the European Union and the correction coefficients applied thereto

2014/C 94/02

THE COURT OF AUDITORS 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 Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the European Union (hereinafter ‘the Staff Regulations’) (1),

Having regard to the Judgment of the Court of Justice in Case C-63/12, issued on 19 November 2013,

Having regard to the Commission proposals of 10 December 2013 (2),

Having regard to the request of the Council for an opinion on the abovementioned proposals by 5 March 2014 at the latest, received at the Court on 26 February 2014,

Having regard to the request of the European Parliament for an opinion on the abovementioned proposals received at the Court on 3 March 2014,

Whereas pursuant to Article 65 of the Staff Regulations the remuneration of the officials and other servants of the European Union shall be updated every year, taking into account the economic and social policy of the European Union;

Whereas the 2011 and 2012 adjustments are still pending;

Whereas in its Judgment in Case C-63/12 relating to the 2011 adjustment the Court of Justice emphasised (3) that where the Council determines, on the basis of objective data supplied by the Commission, that there is a serious and sudden deterioration in the economic and financial situation within the Union within the meaning of Article 10 of Annex XI to the Staff Regulations, the Commission is obliged to submit to the European Parliament and to the Council appropriate proposals on the basis of that Article. In that situation, the Commission has, however, a margin of discretion of its own as regards the content of those proposals, namely which measures it deems to be appropriate, taking into account the given economic and social situation and, where necessary, other factors to be taken into consideration, such as those relating to management of human resources, and in particular the needs of recruitment;

Whereas Case C-86/13 relating to the 2012 adjustment is still pending;

Whereas the Commission considers as appropriate to propose an adjustment to remuneration and pensions in Belgium and Luxembourg of 0,9 % with effect from 1 July 2011 and of another 0,9 % with effect from 1 July 2012;

Whereas the Commission refers, as a basis for its proposals, to the provisions of the ‘exception clause’ (former Article 10 of Annex XI to the Staff Regulations) and to its margin of appraisal under this clause;

Whereas amendments to the Staff Regulations concerning the procedure for annual remuneration updates have been adopted and entered into force (4) six weeks before the Commission submitted the proposals which are the subject of this opinion;

Whereas the former ‘exception clause’ has been replaced by ‘moderation and exception clauses’ (Articles 10 and 11 of Annex XI to the Staff Regulations),

HAS ADOPTED THE FOLLOWING OPINION:

1. The Court notes that the Commission refers to its margin of appraisal as regards the content of appropriate proposals for adjusting remunerations and pensions.

2. The Court notes that the wording of the recital 3 in both proposals might give rise to misunderstandings as it does not clearly distinguish between a loss of purchasing power and a nominal adjustment to remuneration and pensions. Furthermore, there is insufficient clarity as to the basis for the computation of the proposed adjustments of 0,9 %.

3. The Court draws attention to the fact that the ‘exception clause’ as a basis for the Commission’s proposals is no longer in force.

4. The Court suggests considering whether the current rules set out in Annex XI to the Staff Regulations, and, if necessary, the rules of the moderation and exception clauses therein, could be used to deal with the outstanding annual updates for 2011 and 2012. These rules provide a procedure which is based on verified and objective data.

5. The Court notes that the proposed adjustments will require budgetary appropriations to be made available.

This opinion was adopted by Chamber IV, headed by Mr Louis GALEA, Member of the Court of Auditors, in Luxembourg on 3 March 2014. For the Court of Auditors Vítor Manuel da SILVA CALDEIRA President

(1) Regulation No 31/EEC, 11/EAEC, laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Economic Community and the European Atomic Energy Community (OJ 45, 14.6.1962, p. 1385/62).

(2) COM(2013) 895 final and COM(2013) 896 final.

(3) See paragraph 74 of the judgment.

(4) See point 44 of Article 1 of Regulation (EU, Euratom) No 1023/2013 of the European Parliament and of the Council of 22 October 2013 amending the Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the European Union (OJ L 287, 29.10.2013, p. 15).