WRITTEN QUESTION E-2606/96 by Fernand Herman (PPE) to the Commission (11 October 1996)

Subject: Limitation of temporary staff contracts

On 16 March 1994 the Commission decided to carry out a general policy review with regard to temporary staff between that date and the summer of 1994.

Pending this policy review, the initial duration for new contracts was set at three years as a precautionary measure.

Is it true that the Commission has announced its intention of implementing this decision also with regard to staff including staff recruited by selection procedures (Article 2(a) of the conditions of employment of other servants of the European Communities) advertised in the press and the Official Journal explicitly providing for extension of the contracts beyond the three-year period up to five years?

Is it true that, over two years after this decision was announced, the new policy guidelines have not yet been introduced?

If this is the case, what is the Commission's justification for maintaining the three-year limit on contracts, given that this precautionary measure was clearly dependent on a review which it failed to complete in time?

Is the Commission aware of the social problems arising from lack of security under the Staff Regulations which, in the absence of new policy guidelines for temporary staff, is affecting a large number of current employees?

Answer given by Mr Liikanen on behalf of the Commission (5 December 1996)

It is true that on 23 February 1994 the Commission adopted a decision on the policy to be applied to temporary staff with provision for further study of a general reorientation of that policy. This decision, adopted as an interim measure, contained no commitment vis-à-vis temporary staff. In accordance with the 1994 decision, the attention of temporary staff has been drawn to the fact that they are entering into a three-year contract, and they are explicitly warned at the same time that, as no assurances can be given with regard to the subsequent extension of their contracts, they should organize their affairs on the basis of the duration of the contracts actually offered to them.

The fact that some selection notices, published before the 1994 decision, indicated that contracts might be extended by two years only confirms what has been stated above, since the possibility of renewal in no way implies a commitment by the Commission. Only the contract which was signed by them on the terms set out in the preceding paragraph created a legal commitment, to be honoured by the Commission in the matter.

Subsequently, the Commission made an in-depth study of the matter. Trade unions and staff associations were consulted several times, and temporary staff themselves were consulted. On 13 November 1996, the Commission adopted a decision on the new policy to be applied to temporary staff falling within Article 2(a) of the Conditions of Employment of Other Servants. Under the new policy, contracts of temporary staff will still run for three years, but with a possible extension of at most one year where the interests of the service warrant it. Since this arrangement was more advantageous than the one provided for by the 1994 decision, it was applied retrospectively to staff recruited under that system. Such staff could have their contracts extended within those limits at the request of their Directorates-General and if the interests of the service warrant it. Moreover, the decision of 13 November 1996 provides that, since these members of the temporary staff could have their contracts extended, they will be covered by the transitional arrangements in place until 1999 and they will be authorized to sit internal competitions with a view to being established.