Council Regulation (EC, ECSC, Euratom) No 490/2002 of 18 March 2002 amending the Conditions of Employment of Other Servants of the European Communities as regards the length of contracts of auxiliary staff
Date: 2002-03-18
Institutions: Council of the European Union
Subjects: servant (EU), work contract

20.3.2002

EN

Official Journal of the European Communities

L 77/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC, ECSC, EURATOM) No 490/2002

of 18 March 2002

amending the Conditions of Employment of Other Servants of the European Communities as
regards the length of contracts of auxiliary staff

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 283 thereof,

Having regard to the Conditions of Employment of Other
Servants of the European Communities laid down by Regula-
tion (EEC, Euratom, ECSC) No 259/68 (1), and in particular
Article 52 of the said Conditions of Employment,

Having regard to the proposal from the Commission, presented
following consultations with the Staff Regulations Committee,

Having regard to the opinion of the European Parliament (2),

Having regard to the opinion of the Court of Justice (3),

Having regard to the opinion of the Court of Auditors (4),

Whereas:

(1)

In all the institutions auxiliary staff are an indispensable
tool providing rapid access to human resources, particu-
larly to replace staff and temporary servants temporarily
unable to carry out their duties (Article 3(b) of the
Conditions of Employment of Other Servants of the
European Communities). Auxiliary staff may also
perform specific short-term tasks in accordance with the
high standards laid down in the Staff Regulations.
Auxiliary staff complement permanent officials in highly
specialised areas where the expertise needed is not other-
wise available.

(2)

(3)

(4)

The possibility of extending the duration of an auxiliary
contract constitutes a useful element of flexibility in the
use of the institutions' human resources.

The possibility of extending the duration of an auxiliary
contract beyond one year is justified in order to allow
the institutions to respond, when the interests of the
to the need to ensure a certain
service so require,
continuity of service and/or benefit fully from the quali-
fications and training of the staff member concerned.

Article 52 of the Conditions of Employment of Other
Servants of the European Communities should therefore
be amended in order to extend the maximum duration
of contracts for auxiliary staff to three years,

HAS ADOPTED THIS REGULATION:

Article 1

Article 52(b) of
the Conditions of Employment of Other
Servants of the European Communities shall be replaced by the
following:

in all other cases.’.

‘(b) three years,

Article 2

This Regulation shall enter into force on the day of its publica-
tion in the Official Journal of the European Communities.

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

Done at Brussels, 18 March 2002.

For the Council

The President

M. ARIAS CAÑETE

(1) OJ L 56, 4.3.1968, p. 1. Regulation as last amended by Regulation
(EC, ECSC, Euratom) No 2581/2001 (OJ L 345, 29.12.2001, p. 1).
(2) Opinion of 5 February 2002 (not yet published in the Official

Journal).

(3) Opinion of 11 July 2001 (not yet published in the Official Journal).
(4) Opinion of 19 July 2001 (not yet published in the Official Journal).