Rules for giving effect to Articles 2 to 6 of Council Regulation (EEC, Euratom, ECSC) No 3947/92 amending the Staff Regulations of officials and the conditions of employment of other servants of the European Communities

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to Council Regulation (EEC, Euratom, ECSC) No 3947/92 of 21 December 1992 [1] amending the Staff Regulations of officials and the conditions of employment of other servants of the European Communities and, in particular, Articles 2 to 7 thereof,

[1] OJ L 404, 31.12.1992, p. 1

Having regard to the rules for giving effect to Articles 2 to 6 of Regulation (EEC, Euratom, ECSC) No 3947/92 amending the Staff Regulations of officials and the conditions of employment of other servants of the European Communities,

Having regard to the opinion of the Staff Regulations Committee,

Whereas:

(1) The rules for implementing Articles 2 to 6 of the above-mentioned Regulation should be drawn up by agreement between the institutions of the Communities.

(2) The institutions undertake, pursuant to Article 27 of the Staff Regulations, to ensure that recruitment is directed at securing the services of officials of the highest standard of ability, efficiency and integrity, recruited on the broadest possible geographical basis from among nationals of Member States of the Communities, without distinction as to race, political, philosophical or religious beliefs, sex or sexual orientation and without reference to their marital status or family situation.

(3) All the resources available should be deployed in order to achieve those objectives.

(4) In the interests of making efficient and economic use of resources, by their Decision of 25 July 2002* the European Parliament, the Council, the Commission, the Court of Justice, the Court of Auditors, the European Economic and Social Committee, the Committee of the Regions and the European Ombudsman set up the European Communities Personnel Selection Office, to be responsible for organising open competitions aimed at securing the services of officials on optimal professional and financial terms for the institutions of the European Communities.

(5) The rules for giving effect to Articles 2 to 6 of Regulation (EEC, Euratom, ECSC) No 3947/92 should be amended accordingly.

(6) For reasons of clarity, those rules should be replaced.

(7) The rules for implementing Articles 2 to 6 of that Regulation should be drawn up by agreement between the institutions of the Communities.

(8) These rules cannot enter into force until such common agreement has been recorded by the President of the Court of Justice,

HAS ADOPTED THESE RULES:

Article 1

A Joint Committee common to the institutions is hereby set up.

Article 2

The Common Joint Committee shall be consulted on draft notices of open competitions to be organised by the European Communities Personnel Selection Office (hereinafter referred to as "the Office").

It shall receive for information purposes the notices of the interinstitutional personnel selection procedures organised by the Office.

Article 3

The Joint Committee common to the institutions shall be composed of:

- a Chairman appointed by the Management Board of the Office, acting by a simple majority,

- a full member and a deputy member appointed by the respective appointing authorities of the European Parliament, the Council, the Court of Justice, the Court of Auditors, the European Economic and Social Committee, the Committee of the Regions and the European Ombudsman,

- four full members and four deputy members appointed by the Commission,

- a full member and a deputy member appointed by the respective Staff Committees of the European Parliament, the Council, the Court of Justice, the Court of Auditors, the European Economic and Social Committee, the Committee of the Regions and the European Ombudsman,

- four full members and four deputy members appointed by the Commission Central Staff Committee.

Article 4

1. The term of office of the Chairman and of the members of the Common Joint Committee shall be two years. It shall be renewable. The term of office of a member shall end only after the Chairman has been notified of the designation of his or her replacement . The first appointments shall be made no later than one month after the entry into force of these rules.

2. Where the Chairman or a member considers that he or she is unable to fulfil his or her mandate, or in the event of a resignation or death, he or she shall be replaced for the remainder of his or her term of office.

Article 5

1. The meetings of the Common Joint Committee shall be convened by its Chairman at the request of either the Office, as the appointing authority delegated pursuant to the third paragraph of Article 2 of the Staff Regulations, or an appointing authority or Staff Committee of one of the institutions represented within that Committee.

2. The Chairman shall preside over the meetings of the Common Joint Committee without participating in the vote, except where procedural questions are involved.

3. The Common Joint Committee may take expert advice.

Article 6

1. The Common Joint Committee's proceedings shall be valid only if all the full members or, in their absence, their deputies, are present.

2. The opinions of the Common Joint Committee shall be adopted by a simple majority of the votes cast.

3. The opinions of the Common Joint Committee shall be communicated, within twenty working days of the date on which the matter is referred to it and five days of its discussion, to the Office, the appointing authorities and the Staff Committees. Any member of the Common Joint Committee may require that his or her view be recorded in the opinion. If no opinion is adopted within the deadline, the Office shall adopt its decision.

Article 7

The Head of the Office, or his or her representative, shall attend the meetings of the Common Joint Committee.

Article 8

1. Where the Office intends to take a decision that does not comply with the opinion of the Common Joint Committee, it shall immediately inform the Chairman and members of the Common Joint Committee of that fact, giving the reasons for the decision it intends to take.

2. Within ten days of the notification provided for in paragraph 1, the Chairman of the Common Joint Committee may - or, where members representing at least two appointing authorities or at least two Staff Committees so request, must - request a meeting with the Head of the Office, in which any member of the Common Joint Committee may participate. That meeting shall be held within ten working days.

3. The Office shall adopt its decision from the eleventh working day following the notification provided for in paragraph 1 or, if one has been requested, the meeting provided for in paragraph 2. If that decision diverges from the opinion of the Common Joint Committee, the Head of the Office shall duly inform the Management Board.

Article 9

1. For every competition, the Office shall appoint a selection board.

2. In accordance with the second paragraph of Article 3 of Annex III to the Staff Regulations, the selection board shall be composed of:

- one chairman and at least one deputy chairman designated by the Office;

- at least one full member and one deputy member designated by the Office on a proposal from the institutions;

- at least one full member and one deputy member representing the Staff Committees of the institutions.

The Head of the Office shall submit to the Common Joint Committee the proposals relating to the number of selection board members, based on the nature of the competition and taking account of the responsibilities of the institutions in this area, as established in Article 2 of the Decision concerning the organisation and operation of the Office.

3. If all the members have not been designated within twenty-five working days of the institutions and Staff Committees being notified of the appointment of the chairman of the selection board, the selection board may commence its proceedings.

Article 10

Annex III to the Staff Regulations shall apply mutatis mutandis.

Article 11

Before the expiry of his or her term of office, the Chairman of the Common Joint Committee shall, after consulting the Committee, draw up a report on its operation, which he shall forward to the institutions, the Staff Committees and the Office. The report shall also be forwarded to the Staff Regulations Committee.

Article 12

The Common Joint Committee shall adopt its rules of procedure.

Article 13

The rules of 1 November 1993 are hereby repealed.

Article 14

These rules shall enter into force on the first day of the month following that during which the common agreement provided for in Article 7 of Regulation (EEC, Euratom, ECSC) No 3947/92 has been confirmed by the President of the Court of Justice of the European Communities.

Done at Brussels,

For the Commission

Neil Kinnock

Member of the Commission