Proposal for a COUNCIL REGULATION (EC) introducing special and temporary measures applicable to the recruitment of officials of the European Communities as a result of the accession of Austria, Finland, Norway and Sweden
Date: 1994-11-16
Institutions: European Commission
Subjects: European official, appointment of staff, enlargement of the Union, recruitment, regulations for civil servants, transitional period (EU)

lOMVLISSION  OF  THE  EUROPEAN  COMMUNITIES 

C0M(94) 496 final 
Brussels, 16.11.1994 

94/0259 (CNS) 

Proposal  for a 

COUNCIL REGULATION (EC) 

introducing special  and temporary  measures applicable to the recruitment of  officials 
of  the European Communities as a result of  the accession of  Austria,  Finland,  Norway 
and Sweden 

(presented by the Commission) 

I 

EXPLANATORY  MEMORANDUM 

With an eye to the accession  of  Austria,  Finland,  Norway  and Sweden,  administrative 
measures will  have to be taken for the rapid/effective  recruitment of  their nationals. 

in  the  case  of  previous  enlargements, 

As 
Staff  Regulations will be needed. 

temporary  derogations  from  the 

'Tte  is the purpose of  the Commission's proposal.  The proposed derogations from the 
Staff  Regulations are subject to three limitations: 

^a) 

they  will  apply  solely  to  posts  earmarked  for  enlargement  by  the  budgetary 
authority; 

<b) 

only a limited number of provisions will be affected,  namely: 

the second and third paragraphs of Article 4 (notification of vacant posts); 

Article 5(3)  (identical  conditions of recruitment); 

- 

Article 7(1) (appointment without regard to nationality); 

the  third  paragraph  of  Article  27  (ban  on  posts  being  reserved  for 
nationals of  any specific  Member State); 

Article  29(l)(a),  (b)  and  (c)  (the  various  stages  of  the  recruitment 
procedure and in particular the order to be respected); 

Article 31  (appointment to starting grades); 

(c) 

they will be limited in time (valid until  31  December  1999). 

Uniform arrangements may be adopted for competitions,. 

namely  competitions based on 

qualifications  and/ o r  t e s ts  (writtenand/or 

oral),  in line with Annex 111 to the Staff  Regulations. 

(d) 

Vacant posts will be adequately advertised both inside and outside the Community 
institutions. 

Proposal  for  a 

COUNCIL  REGULATION  (EC) 

^ 

introducing  special  and temporary  measures applicable to the recruitment of  officials 
of  the European Communities  as a result of the accession of  Austria,  Finland,  Norway 
and Sweden 

THE COUNCIL OF THE EUROPEAN  UNION, 

Having regard to the Treaty establishing a single Council and a single Commission of the 
European Communities,  and in particular Article 24 thereof, 

Having  regard  to  the  proposal  from  the  Commission,  made  after  consulting  the  Staff 
Regulations Committee, 

Having regard to the opinion of  the European Parliament, 

Having regard to the opinion of  the Court of Justice, 

Having regard to the opinion of the Court of  Auditors, 

Whereas, as a result of  the accession of  Austria, Finland, Norway and Sweden,  special 
measures derogating from the Staff Regulations of Officials of the European Communities 
should be adopted on a temporary basis, 

HAS ADOPTED  THIS  REGULATION: 

Article 1 

1. 
Notwithstanding  the  second  and  third  paragraphs  of  Article 4,  Article 5(3), 
Article 7(1),  the  third  paragraph  of  Article 27,  Article 29(1 )(a),  (b)  and  (c)  and 
Article 31 of the Staff Regulations of Officials  of the European Communities,  provision 
may be made until 31 December  1999 for vacant posts to be filled by Austrian, Finnish, 
Norwegian  and  Swedish  nationals  up  to  the  limits  set  in  the  context  of  budgetary 
discussions  within the institutions  responsible. 

Appointments to grades A3, A4,  A5,  LA3, LA4,  LA5, Bl,  B2,  B3 and CI  shall 

2. 
be  made after  a competition  based  on qualifications  and/or  t e s t s,  organized  in  accordance 
with Annex  III to the Staff  Regulations. 

Appointments to grades A6,  A7,  A8,  LA6,  LA7,  LA8,  B4,  B5 C2 to C5 and Dl  to D4 
shall  be  made  after  a competition  based  on  qualifications  and/or  t e s t s, 
organized  in accordance  with  Annex  III to the Staff  Regulations. 

3. 
both inside  and outside the Community  institutions. 

\&cant posts shall be adequately advertised 

Article 2 

V 

^€;  Has  Regulation  shall  enter  into  force  on  the  day  following  its  publication  in  the 

X 

Official Journal of the European  Communities. 

This Regulation  shall be binding  in its entirety  and directly  applicable  in all Member 
States. 

1^ 

Done at Brussels, 

For the Council 
The President 

C-^ 

BSN0254-1475 

COM(94) 496 final 

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at 

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ISBN 92-77-82155-8 

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