Amended 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 and Sweden
Date: 1995-02-08
Institutions: European Commission
Subjects: European official, appointment of staff, enlargement of the Union, recruitment, regulations for civil servants, transitional period (EU)

COMMISSION  OF  THE  EUROPEAN  COMVTUNITIES 

COM(95)  22  final 
Brussels,  08.02. 1995 

94/0259  (CNS) 

Amended  p r o p o s al 

f or  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 and 
Sweden 

(presented  by the Commission  pursuant  to Article  189 A (2) 
of  the EC-Treaty) 

Explanatory  memorandum 

On  16 November  1994,  in  anticipation  of  enlargement,  the  Commission  adopted  a 
proposal  for  a  Regulation  providing  for  certain  temporary  derogations  from  the  Staff 
Regulations. 

This  proposal  was  sent to the  Council  on  25  November  (doc.  11158/94). 

At  its  part-session  on  16 December Parliament  approved  the  proposal  subject  to  certain 
amendments. 

As  a result  of  the outcome  of the deliberations  in  Parliament,  changes  need  to be  made 
to  the Commission's  original  proposal  (COM(94) 0496  final)  to  take  account  of  two  of 
these amendments,  namely: 

1. 

2. 

the  insertion  of  a  new  recital  noting  the  Commission's  undertaking  to  present  a 
proposal  for  a Regulation  introducing  special  measures  to  terminate  the  service 
of  officials  and other  servants  of  those institutions  which  so request; 

provision  for  competitions  based  on  qualifications  and tests  for  all  grades  up  to 
and including  A3,  in  accordance  with  Annex  III to the  Staff  Regulations. 

The Commission is also suggesting certain changes to the wording of its original  proposal 
'which turned  out to be  necessary  in the  course  of  the discussions  within  the  Council. 

2 

Amended  proposal  for  a 
COUNCIL  REGULATION  ŒO 

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

THE COUNCIL  OF THE EUROPEAN  UNION, 

Having regard to the Treaty establishing à 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,  on the one hand,  as a result  of the accession  of Austria,  Finland  and  Sweden 
special  measures  derogating  from  the  Staff  Regulations  of  Officials  of  the  European 
Communities  should be  adopted  on a temporary  basis: whereas,  on the  other hand,  the 
Commission  has undertaken  to  present  a proposal  for  a Regulation  introducing  special 
measures  for  the  termination  of  service  of  officials  and  temporary  staff  of  those 
institutions which  so request and whereas Parliament  is requesting that  such  a proposal 
be put forward  for  its staff  as a matter of urgency. 

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  and 
Swedish nationals up to the limits set in the context of budgetary  discussions within the 
institutions responsible. 

2. 
Appointments to grades A3, A4, A5, A6, A7, A8, LA3, LA4, LA5, LA6, LA7, 
LA8, Bl,  B2, B3, B4, B5, CI, C2 to C5 and Dl  to D4 shall be made after  a competition 
based  on  qualifications  and  tests,  organized  in  accordance  with  Annex  III  to  the  Staff 
Regulations. 

Vacant  posts  shall  be  adequately  advertised  both  inside  and  outside  the 

3. 
Community  institutions. 

A 

Article 2 

This  Regulation  shall  enter  into  force  on  the  day  following  its  publication  in  the 
Official Journal of theEuropean  Communities. 

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

Done at Brussels, 

For thé Council 
The President 

Y 

ISSN 0254-1475 

COM(95) 22  final 

DOCUMENTS 

EN 

01 

Catalog number : CB-CO-95-031-EN-C 

ISBN 92-77-85221-6 

Office for Official Publications of the European Communities 

L-2985 Luxembourg 

S