2003/522/EC: Commission Decision of 6 November 2002 establishing an Office for the administration and payment of individual entitlements
Date: 2002-11-06
Institutions: European Commission
Subjects: EU office or agency, European official, allowances and expenses, contract staff, management, pay, payment, social-security benefit

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Official Journal of the European Union

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COMMISSION DECISION

of 6 November 2002

establishing an Office for the administration and payment of individual entitlements

(2003/522/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to Article 20 of the Rules of Procedure of the
Commission (1),

Whereas:

(1)

(2)

(3)

(4)

(5)

Council Regulation (EC, Euratom) No 1605/2002 of 25
June 2002 on the Financial Regulation applicable to the
general budget of the European Communities (2), herein-
after ‘the Financial Regulation’, provides a framework for
the establishment of a new type of administrative office.

The Commission's 13 December 1999 guidelines for a
policy of externalisation (3) and the White Paper on
administrative reform (4) have outlined a new externalisa-
tion policy based on the vision of an administration
refocused on its core tasks and activities.

The results of the analysis undertaken by the Planning
and Coordination Group on externalisation, after taking
stock of the situation in the Commission and at inter-
institutional level across a number of areas, highlight the
main advantages that the creation of Commission offices
could bring and the areas where special attention is
needed, such as, for example, the need to ensure that
operations at the various sites are consistent and to
define the minimum critical size of each office.

The type of office selected consists of administrative
entities aimed at providing support for the activities of
other Commission departments and/or potentially of
other Community institutions.

The analysis carried out more specifically in the area of
the administration and payment of individual entitle-
ments sets out the advantages of entrusting to a single
structure the execution of decisions involving adminis-
trative support. That structure is particularly suitable for
making efficient and economic use of resources while
the services provided, re-
improving the visibility of
and
responsibilities
effective
focusing
keeping pace with the needs and demands of users.

operational

(1) OJ L 308, 8.12.2000, p. 26.
(2) OJ L 248, 16.9.2002, p. 1.
(3) SEC(1999) 2051, p. 7.
(4) COM(2000) 200 final.

(6)

(7)

This type of office represents an appropriate tool for
in
achieving a desirable shift to interinstitutional
this area, in which some other Community institutions
have already expressed interest.

level

As an administrative office for the Commission,
it is
essential that the Office remains clearly attached to a
Directorate-General
in accordance with the Guidelines
adopted by the Commission on 28 May 2002 (5).
Accordingly,
is to be attached to the Directorate-
General for Personnel and Administration.

it

(8)

The tasks and operation of the Office need to be defined.

(9)

(10)

(11)

(12)

Consistency in the administration and payment of enti-
tlements for all staff of
the Commission should be
improved, although a locally based service should be
maintained in Brussels, Luxembourg and Ispra.

In accordance with the Commission guidelines,
a
Management Committee should be established whose
main role, under the authority of the College of the
Commission, would be to supervise the activities of the
Office, define its terms of reference and ensure that they
are properly implemented. It is therefore necessary to
determine the exact composition of the Management
Committee, in accordance with the Guidelines, as well as
its tasks and internal organisation.

It is necessary to lay down rules for the appointment of
staff to the Office and to ensure that the rules and proce-
dures which apply to the Office are the same as those
that apply to the Commission.

The Commission should define, with respect
to the
Office, the powers conferred by the Staff Regulations on
the appointing authority and by the Conditions of
employment of other
authority
authorised to conclude contracts.

servants on the

(13)

Principles to govern the responsibilities of the Director
of the Office, both in relation to the staff of the Office
and as regards its activities, should be laid down.

(5) SEC(2002) 618 final.

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(14)

(15)

The Director of the Office should be required to present
to the Management Committee his objectives, as well as
the resulting regular reports and the annual management
report.

Financial requirements call for Title V of Part Two of the
Financial Regulation to apply to the Office,
in accor-
dance with the general principle that the person respon-
sible for negotiating requests for appropriations with the
Budget Directorate-General should be the authorising
officer by delegation, and for assurances to be given
regarding the accounting rules and methods to be
applied by the Office.

(16)

(17)

The Directorate-General to which the Office is attached
should assist the Management Committee, be responsible
for maintaining regular contacts with all the Offices and
ensure that the running of the different Offices is consis-
tent. That role is particularly important in ensuring that
the transitional phase runs smoothly.

The Commission Decision of 18 September 2002 consti-
tutes a Supplementary and Amending Letter to the preli-
minary draft Budget for 2003 and creates the budgetary
framework for the establishment of the Office,

HAS DECIDED AS FOLLOWS:

CHAPTER I

ESTABLISHMENT, PURPOSE, TASKS AND LOCATION

Article 1

Establishment

4.
The Office may act at the request of and on behalf of
another body or agency established under or on the basis of
the Treaties
the Management
Committee.

and with the

assent of

An Office for the administration and payment of individual
entitlements, hereinafter ‘the Office’, is established.

The Directorate-General to which the Office is attached shall be
the Directorate-General for Personnel and Administration.

The Office will operate as from 1 January 2003.

Article 3

Tasks

The Office
1.
following entitlements:

shall determine,

calculate and pay the

Article 2

Purpose

1.
The Office shall determine, calculate and pay the entitle-
ments and remuneration of the staff employed by the Commu-
nity institutions, and of external staff, as laid down in Article 3
and on the basis of the Staff Regulations and the Annexes
thereto and its General Implementing Provisions.

The Office shall fulfil its purpose in accordance with the

2.
administrative rules in force at the Commission.

3.
Acting either on the initiative of the Directorate-General
for Personnel and Administration or on a proposal from the
Office in agreement with that Directorate-General, the Commis-
sion shall adopt new rules or, as appropriate, the amendments
necessary.

(a) salaries and allowances;

(b) mission expenses;

(c) experts' fees;

(d) sickness and accident insurance cover;

(e) pensions;

(f) unemployment benefit;

(g) other financial entitlements such as building loans.

The Office may perform additional remunerated services

2.
in accordance with the procedure laid down in Article 7(8).

Article 4

Location

The Office shall be located in Brussels.

The Management Committee of the Office shall draw up the
details of that procedure jointly with the Directorate-General
for Personnel and Administration.

Two units of the Office shall be set up in Luxembourg and
Ispra respectively.

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CHAPTER II

MANAGEMENT COMMITTEE

Article 5

Terms of reference

The Management Committee shall act under delegation from
the Commission, to which it shall be accountable within its
terms of reference and under the authority of the member in
charge of personnel and administration.

Article 6

Composition

1.

The Management Committee shall consist of:

(a) the Secretary-General of the Commission;

(b) the Director-General

of

the Directorate-General

for

Personnel and Administration;

(c) the Director-General of

the Directorate-General

for the

Budget;

(d) the Director-General of the Directorate-General for Transla-

tion;

(e) the Director-General of the Joint Research Centre;

(f) two staff representatives;

(g) a representative of the other Community institutions.

2.
The Chairman of the Management Committee shall be
the Director-General of the Directorate-General for Personnel
and Administration.

3.
The Secretary-General and each Director-General may
designate a replacement, on condition that he/she is a grade A1
official in the same service.

The two staff representatives shall be appointed by the
4.
Staff Committee. They shall not
in decisions
concerning the management, organisation or operation of the
Office. This provision shall be without prejudice to existing
procedures for social dialogue.

take part

5.
The representative of the other Community institutions
shall be appointed by the Group of Heads of Administration.
This representative may vote only on matters administered
interinstitutionally.

The Management Committee may invite experts to assist

6.
it in performing its duties.

Article 7

Duties

Acting on a proposal from the Director of the Office,
the Management Committee shall
in accordance with the existing procedures at the

1.
hereinafter ‘the Director’,
approve,
Commission, the organisational structure of the Office.

2.
Acting on a proposal from the Director, the Management
Committee shall approve the rules governing the operation and
organisation of
if necessary, propose
amendments to those rules, in particular to ensure operational
consistency between the administrative Offices reporting to the
Directorate-General for Personnel and Administration.

the Office and may,

3.
Acting on a proposal from the Director, the Management
Committee shall lay down policy guidelines for the activities of
the Office.

Before 31 January each year, the Management Committee
4.
shall adopt
the Director's work programme. The work
programme shall include, in particular, the financial framework,
the coverage of regular reports and anticipated results (based
on operational objectives and performance indicators). The
Management Committee may make adjustments to details of
the work programme.

5.
The Management Committee shall approve the estimates
of the Office's revenue and expenditure and any necessary
adjustments to the establishment plan.

In the first quarter of each year,

6.
the Management
Committee shall draw up and forward to the College of the
Commission an opinion on all
the activities and on the
management of the Office, on the basis of the reports presented
by the Director in accordance with Article 13.

Concerning

7.
senior
managers and middle managers, the Management Committee
shall act in accordance with Article 14.

the procedures

appointing

for

8.
The Management Committee shall approve the type of
additional remunerated services that the Office may perform
pursuant to Article 2(4) and Article 3 and the terms and condi-
tions in accordance with which it may perform them. Acting
on a proposal from the Director, the Management Committee
shall determine the type of, and the rates chargeable for,
services that the Office may perform for the institutions, and
the allocation of the revenues thereby obtained within the Offi-
ce's budget.

9.
The Management Committee shall decide on any matter
of principle affecting the operation of the Office not expressly
provided for in this Decision.

Article 8

Internal organisation

The Management Committee shall adopt its own rules of proce-
dure. Those rules shall,
in particular, cover the following
subjects:

(a) meetings: the frequency of and procedure for convening

and organising meetings;

(b) secretariat: its role and organisational link;

(c) rules for forwarding documents.

Article 9

Voting

When the Management Committee takes a decision, each
member entitled to vote shall have one vote. Where votes are
tied, the Chairman shall have the casting vote.

All decisions shall be taken by a simple majority.

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CHAPTER III

THE DIRECTOR

Article 10

Appointment

The Office shall be administered by a Director (grade A1
1.
or A2) appointed by the Commission after
the Advisory
Committee on Appointments has issued a favourable opinion
pursuant to Article 14(1).

2.
The Director shall be appointed for a term of three years,
which may be extended for a further period of no more than
two years.

2.
The Director shall be responsible for the smooth running
of the Office. Within the area of responsibility defined by the
College of the Commission, he or she shall act under the
authority of the College. The Director shall also ensure the
consistent operation of the different Office centres and shall
take special care to ensure that staff working in the Office are
treated equally in all respects, regardless of their place of assign-
ment. The Director shall report to the Management Committee
on the performance of his or her duties and shall submit to it
all and any suggestions for the smooth running of the Office.

3.
The College of
obtaining the opinion of
remove the Director and appoint a Director ad interim.

the Commission may decide, after
to
the Management Committee,

3.
The Director shall submit his or her proposals to the
Management Committee in accordance with Article 7(1), (2),
(3) and (8).

Article 11

Powers

The Director shall inform the Management Committee of

4.
appointments under Article 14(3).

The Director shall be the appointing authority for the Office
and the authority authorised to conclude contracts, in accor-
dance with the rules in force at the Commission, within the
limits of the powers conferred on him or her by the Commis-
sion.

Article 13

Reporting

Article 12

Duties

1.
Before 31 December each year, the Director shall present
the Management Committee with his or her work programme
for the following year, the content of which must be endorsed
by the Committee.

The Director shall present to the Management Committee:

1. a regular operational report, the structure and frequency of
which shall be determined by the Management Committee;

2. an annual management report in the first quarter of each
year following the year under review, the structure of which
shall be determined by the Management Committee.

CHAPTER IV

STAFF OF THE OFFICE

Article 14

Senior and middle management of the Office

Article 15

Procedures

1.
Acting on a proposal from the Management Committee,
the Commission shall draw up a vacancy notice for the post of
Director of the Office. The Management Committee shall draw
up an opinion for the Commission on the applicants selected
by the Advisory Committee on Appointments (ACA).

1.
All the administrative procedures and practices relating to
the management of the staff shall be carried out on the same
terms and conditions as for the officials and other servants of
the Commission.

Before the Commission takes

the
2.
Management Committee shall issue an opinion on the appli-
cants selected by the ACA in accordance with the procedures
applicable at the Commission to senior (grade A2) and middle
(grade A3) management posts.

final decision,

its

3.
The Management Committee shall be informed by the
Director of appointments to other middle management posts
(grades A4 to A5), which must be made in accordance with the
rules and procedures in force at the Commission.

2.
In accordance with Article 4 of the Staff Regulations,
vacant posts within the Office shall be notified to the staff of
the institutions once the appointing authority decides that a
post is to be filled.

3.
In accordance with Article 90 of the Staff Regulations,
requests and complaints relating to the exercise of the powers
conferred on the Director under Article 11 of this Decision
shall be lodged with the Directorate-General for Personnel and
Administration. Any appeal in these areas shall be made against
the Commission as such.

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CHAPTER V

FINANCIAL PROVISIONS

Article 16

Financial matters

Title V of Part Two of the Financial Regulation shall

1.
apply.

2.
Acting on a proposal from the Management Committee,
the Commission shall, as regards the budget appropriations to
be executed by the Office as part of its tasks and operation,
delegate the powers of authorising officer to the Director and
set the limits and conditions applying to that delegation of
powers.

CHAPTER VI

COORDINATION AND REVIEW

Article 17

Coordination

As part of its tasks, the coordination unit shall report to

2.
the Management Committee at the latter's request.

The coordination unit set up within the Directorate-
for Personnel and Administration shall have the

1.
General
following tasks:

(a) assisting the Management Committee in preparing and
following up its meetings and assisting the Committee's
chairperson in the regular monitoring of relations with the
Director;

(b) assisting the Director in fulfilling his or her duties, while
respecting the competences and prerogatives of the latter,
in particular in relations with the Directorate-General for
Personnel and Administration;

(c) ensuring the operational consistency of the Office in rela-
tion to the other administrative offices of the Directorate-
General for Personnel and Administration and with the rest
of the Commission, in particular with regard to their staff
organisation and policy;

(d) ensuring that

the rules and practices in force at

the
Commission in the area of staff policy are applied consis-
tently and uniformly within the Office.

Article 18

Review

The Chairman of the Management Committee shall provide the
College of the Commission, under the authority of the member
in charge of personnel and administration, not later than six
months after the end of the third full year of operation of the
Office, with a comprehensive analysis of the operation of the
Office during that period. This analysis may include proposals
for amendments to this Decision where appropriate.

Done at Brussels, 6 November 2002.

For the Commission

Neil KINNOCK

Vice-President