WRITTEN QUESTION No. 2551/98 by Jesús CABEZÓN ALONSO to the Commission. Implementation of directives incorporated into national law
Date: 1998-09-01
Institutions: CABEZON ALONSO, European Parliament
Subjects: Spain, application of EU law, labour law, national implementing measure, occupational safety, social legislation, social policy

29.4.1999

EN

Official Journal of the European Communities

C 118/93

Answer given by Mr Liikanen on behalf of the Commission

(19 October 1998)

Cedefop is a decentralised body set up under a specific Regulation. It is autonomous as regards its staff
policy, over which the Commission has no control beyond being represented on its Management Board.
By decision of the Management Board the appointing authority¢s power of appointment was delegated to
the Director for all categories and grades of staff except the appointment or promotion of the Director,
over which the Management Board retains decision-making powers (see Regulation 337/75). The
Management Board handles general matters of staff policy and related budgetary aspects. Each year it
adopts a work programme, and in support of the statement of revenue and expenditure (cid:145)there shall be
submitted a list of posts including, for each category of staff, a detailed list of authorised posts and actual
numbers of persons holding posts on the date of submission of the estimate ...(cid:146) (Council Regulation
No 1416/76, as last amended by Council Regulation No 1948/93, Article 12 (1)). The Centre has always
complied with the above, interpreting (cid:145)category of staff(cid:146) to include the four categories (A, B, C and D)
specified in Article 4 of the Staff Regulations. It does not include local staff. The 81 officials to whom the
Staff Regulations apply, appearing on the list of posts, is exceeded because the annual report includes
extra staff such as local staff. In practice, the budgets of most agencies and Community institutions include
an item for local staff with varying appropriations.

The Honourable Member refers to two letters of complaint to Parliament¢s Committee on Budgets
referring to the amount earmarked by the Commission for the Centre¢s subsidy in 1999. In fixing the 1999
budget proposal for Cedefop, the Commission had to take account of the general budgetary constraints
affecting the preparation of the 1999 preliminary draft budget.

The agencies have, however, requested and formally obtained Commission assistance in certain areas, in
particular the payment of salaries and pensions and management of the common sickness insurance
scheme; in return, they pay for services rendered.

In the case of staff management, relations between the Commission and the agencies are less formal. The
Commission plays an advisory role on proposals for the grading of staff recruited by Cedefop. The
Commission¢s opinions are based on the 1983 internal rules which Cedefop applies to all posts, including
management. Commission Financial Control, which also audits Cedefop, ensures observance of the rules
when it is asked to endorse requests for commitments from the Director of the Centre in his capacity as
appointing authority.

Some years ago the Commission took measures to provide an advisory service for the agencies, in
response to a request from the agencies to help them align their practices with those of the institutions with
respect to application of the Staff Regulations of Officials and the Conditions of Employment of Other
Servants, in particular when Cedefop was moved to Thessalonika.

(1999/C 118/115)

WRITTEN QUESTION E-2551/98

by Jesœs Cabez(cid:243)n Alonso (PSE) to the Commission

(1 September 1998)

Subject: Implementation of directives incorporated into national law

Does the Commission monitor the extent to which directives on social and employment issues are
incorporated into national law?

Does it monitor the application of, and compliance with, the directives thus transposed?