1999/307/EC: Council Decision of 1 May 1999 laying down the detailed arrangements for the integration of the Schengen Secretariat into the General Secretariat of the Council
Date: 1999-05-01
Institutions: Council of the European Union
Subjects: European official, Schengen Agreement, administration of the Institutions, personnel administration, secretariat of an Institution

7. 5. 1999

EN

Official Journal of the European Communities

L 119/49

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 1 May 1999

laying down the detailed arrangements for the integration of the Schengen
Secretariat into the General Secretariat of the Council

(1999/307/EC)

(6)

(7)

(8)

THE COUNCIL OF THE EUROPEAN UNION,

into the framework of

Having regard to the Protocol integrating the Schengen
acquis
the European Union
annexed to the Treaty on European Union and the Treaty
establishing the European Community, and in particular
Article 7 thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

pursuant to the aforementioned Protocol, the agree-
ments and rules containing the Schengen acquis
are to be incorporated into the framework of the
European Union;

pursuant to Article 7 of that Protocol, it is up to the
Council, acting by a qualified majority, to adopt the
detailed arrangements for the integration of the
Schengen Secretariat into the General Secretariat of
the Council;

the aim of this integration is to ensure that, when
the Schengen acquis is integrated into the frame-
the European Union, application and
work of
development of
relating to the
the provisions
acquis continue in conditions which ensure they
function properly;

for

this

the detailed arrangements
integration
should make it possible, on the one hand, to limit
recruitment to the administrative needs arising for
the General Secretariat of the Council from the
new tasks it will have to perform and, on the other
hand,
to check the competence, efficiency and
integrity of those recruited;

the general budget of the European Communities
for the financial year 1999 has made provision for
the necessary permanent posts, broken down into
category and grade, within the General Secretariat
of the Council;

the staff complement thus determined is necessary
and sufficient to enable the General Secretariat of
to cope efficiently with the needs
the Council
arising from integration of the Schengen acquis
into the framework of the European Union;

of

the

of Officials

it is necessary, by way of derogation from the Staff
Regulations
European
Communities, hereafter referred to as ‘the Staff
Regulations', to adopt the arrangements necessary
to enable the Appointing Authority (IAA)
to
appoint those concerned as probationer officials of
the European Communities at the General Secre-
tariat of the Council, with the appointments taking
effect from the date of entry into force of the
Treaty of Amsterdam;

such appointments

such appointments should be subject to compli-
those concerned with certain
ance by each of
conditions;
should also be
subject to the provision of supporting documents
proving that those concerned were employed in
various capacities at the Schengen Secretariat on
the date on which the Treaty of Amsterdam was
signed (2 October 1997), i.e. the date on which it
was decided in principle to carry out that integra-
tion; and proving that those concerned were still
employed there on the date of entry into force of
the Treaty of Amsterdam (1 May 1999) and were
actually performing duties involved in applying
and developing the Schengen acquis, assisting the
Presidency and delegations, managing financial and
budget matters,
interpreting,
documentation or secretarial work, with the excep-
tion of technical or administrative duties for which
the administrative needs do not require additional
recruitment
the
Council;

to the General Secretariat of

translating and/or

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Official Journal of the European Communities

7. 5. 1999

(9)

(10)

is

those
also necessary to ensure, before
it
concerned are appointed as probationer officials,
that they provide all supporting or other docu-
ments, diplomas, qualifications or
certificates,
which prove that they have the level of qualifica-
tion or experience required to perform the duties
involved in the category or service into which they
are to be integrated;

it is also necessary to specify that those recruited
will,
in accordance with Article 34 of the Staff
Regulations, be obliged to serve a probationary
period designed to check their ability to perform
their duties satisfactorily, and that any decisions
taken by the AA following the probationary period
will be taken after consulting an ad hoc Committee
Staff
appointed by
Committee of
the
Council may be represented,

the AA on which the
the General Secretariat of

HAS ADOPTED THIS DECISION:

Article 1

The aim of

1.
this Decision is to determine the
detailed arrangements for the integration of the Schengen
Secretariat into the General Secretariat of the Council.

2.
For the purposes of this Decision, the Schengen
Secretariat is defined as consisting of persons fulfilling the
conditions laid down by Article 3(1)(e).

Article 2

By way of derogation from the Staff Regulations and
subject to a check on compliance with the conditions
specified in Article 3 of this Decision, the Appointing
Authority (AA) within the meaning of Article 2 of the
Staff Regulations may appoint to the General Secretariat
of the Council the persons referred to in Article 1 of this
Decision as probationer officials of
the European
Communities within the meaning of the Staff Regulations
and allocate them to one of the posts included to that end
in the staff complement of the General Secretariat of the
Council
for the 1999 financial year in the category,
service, grade and step determined in accordance with the
correlation table annexed hereto.

Article 3

The AA may make the appointments provided for in
Article 2 after checking that the persons concerned:

(a) are nationals of one of the Member States;

(b) have fulfilled any obligations concerning statutory

military service;

(c) produce the necessary character references for the

(d) are physically fit to perform such duties;

(e) provide the supporting documents proving that:

(i) they were employed at the Schengen Secretariat
on 2 October 1997 either as a member of the
Benelux College of Secretaries-General
incor-
porated into the Schengen Secretariat, or as a
member of staff having an employment contract
with the Benelux Economic Union, or as a statu-
tory member of staff of the Benelux Secretariat
incorporated into the Schengen Secretariat and
were actually performing duties there,

(ii) they were still employed at the Schengen Secre-

tariat on 1 May 1999, and

(iii) they were actually performing duties at

the
Schengen Secretariat on the dates referred to in (i)
and (ii), involved in applying and developing the
Schengen acquis, assisting the Presidency and
and budget
delegations, managing
matters,
interpreting, docu-
mentation or secretarial work, with the exception
of technical or administrative backup duties;

translating and/or

financial

(f) provide all supporting or other documents, diplomas,
qualifications or certificates proving that they have the
level of qualification or experience required to
perform the duties in the category or service into
which they are to be integrated.

Article 4

The persons appointed on the basis of Article 3 of
1.
this Decision will be obliged,
in accordance with the
provisions of Article 34 of the Staff Regulations and of
this Article, to serve a probationary period designed to
check their ability to perform the duties satisfactorily
pertaining to their posts and also their efficiency and
conduct in the service.

2.
Any probationer officials who do not demonstrate
sufficient professional skills to be appointed permanently
shall be dismissed.

3.
Any decisions to be taken by the AA following the
probationary period shall be taken after consulting an ad
hoc Committee appointed by the AA to which the Staff
Committee of the General Secretariat of the Council may
delegate a representative. The opinion of this ad hoc
committee shall be without prejudice to the role of the
Reports Committee provided for by Article 34 of the Staff
Regulations.

Article 5

This Decision shall enter into force on the date of its
adoption.

performance of their duties;

It shall apply as from 1 May 1999.

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Official Journal of the European Communities

L 119/51

This Decision is addressed to the Secretary-General of the Council.

Article 6

This Decision shall be published in the Official Journal of the European Communities.

Article 7

Done at Brussels, 1 May 1999.

For the Council

The President

J. FISCHER

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Official Journal of the European Communities

7. 5. 1999

Table of correlation between categories, grades and steps applicable at the Schengen Secretariat
and the Council Secretariat respectively

ANNEX

Grade in Schengen Secretariat

Grade and step in General Secretariat
of the Council

A 7 (cid:190) LA 7 (1)

A 6 (cid:190) LA 6 (2)

A 5 (cid:190) LA 5 (3)

A 4 (cid:190) LA 4

A 3 (cid:190) LA 3 (4)

A 3 (cid:190) LA 3 (5)

A 7/1 (cid:190) LA 7/1

A 7/2 (cid:190) LA 7/2

A 7/3 (cid:190) LA 7/3

A 5/1 (cid:190) LA 5/1

A 5/2 (cid:190) LA 5/2

A 5/3 (cid:190) LA 5/3

Member of the Benelux College of Secretaries-
General

A 3/1

(1) Or function of ‘assistant manager' with, on 2 October 1997, professional experience of less than five years following the

person’s university degree.

(2) The function of documentalist, classified in Category A, Grade 6, of the Schengen Secretariat, corresponds to Category B,

Grade 5 at the General Secretariat of the Council.

(3) Or function of ‘assistant manager' with, on 2 October 1997, professional experience of more than five years following the

person’s university degree.

(4) Seniority in the grade or function of ‘manager' of less than five years on 2 October 1997.
(5) Seniority in the grade of more than five years on 2 October 1997.

Grade in Schengen Secretariat

Grade and step in General Secretariat
of the Council

B 4

B 3

B 2

B 1

C 5/1

C 5/1 + 12 months’ seniority

C 5/2

C 5/3