Proposal for a Council Regulation introducing, on the occasion of the accession of Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia, special temporary measures for recruitment of officials of the European Communities
Date: 2003-06-13
Institutions: European Commission
Subjects: European official, enlargement of the Union, recruitment

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 13.6.2003
COM(2003) 351 final

2003/0123 (CNS)

Proposal for a

Council Regulation

introducing, on the occasion of the accession of Cyprus, the Czech Republic, Estonia,
Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia, special temporary
measures for recruitment of officials of the European Communities

(presented by the Commission)

EXPLANATORY MEMORANDUM

The  forthcoming  enlargement  of  the  European  Union  poses  many  challenges  for  the
Institutions,  not  least  in  the  field  of  human  resources  management.  The  attached  draft
Regulation is concerned with the recruitment aspect of enlargement.

In previous enlargements specific measures were adopted to recruit nationals of the countries
that were joining the Union. This required a Council Regulation temporarily derogating from
the relevant provisions of the Staff Regulations1 concerning recruitment.

The current enlargement  process  is  the largest  that the  Union  has  ever  undertaken.  There  is
the possibility that on 1 May 2004 up to ten new member states may join the Union.

The sheer size of this enlargement distinguishes it from previous enlargements. This leads to
several  novel  features  in  the  attached  draft  Regulation  compared  to  previous  similar
regulations. The main features of the proposal are:

1.

2.

3.

4.

5.

from 

the  Staff  Regulations 

The  derogation 
last  until
31 December 2010,  longer  than  in  previous  enlargements.  For  the  enlargement
the  derogation  covered  five years.
involving  Austria,  Finland  and  Sweden 
Experience with this enlargement showed that five years was not in fact long enough
as a transition period, hence seven years are proposed in this case.

is  proposed 

to 

The Regulation foresees the organisation of competitions for the selection of officials
from  the  new  Member  States  on  a  national  basis.  Nationals  of  the  current
Member States will be excluded from such competitions.

Competitions exclusively for nationals of the new Member States may be held, and
lists of successful candidates drawn up, before the accession of these countries to the
Union. A country must have joined the Union before its nationals may be appointed
as officials to a post with the Institutions.

There  is  a  possibility  for  Institutions  to  derogate  from  the  requirement  to  advertise
vacant posts within the Institutions. The Institutions may, however, give publicity to
vacant posts if they so wish.

The transition period set out in 1. above is seven years. Over this period it will also
be  necessary  to  replace  departing  officials  from  the  existing  Member  States.  The
Regulation therefore also provides for the possibility of organising competitions for
the  selection  of  nationals  from  the  current  15  Member  States  during  the  transition
period.  Nationals  of  the  future  Member  States  would  be  excluded  from  such
competitions.

Each  Institution  will  determine  the  number  of  officials  from  the  candidate  countries  to  be
recruited under the provisions of this derogation Regulation.

1

For the case of Austria, Finland and Sweden, see OJ L 66, 24.03.1995, p. 1.

2

                                                
2003/0123 (CNS)

Proposal for a

Council Regulation

introducing, on the occasion of the accession of Cyprus, the Czech Republic, Estonia,
Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia, special temporary
measures for recruitment of officials of the European Communities

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  proposal  from  the  Commission,  submitted  after  consultation  of  the
Staff Regulations Committee,

Having regard to the opinion of the European Parliament2,

Having regard to the opinion of the Court of Justice3,

Having regard to the opinion of the Court of Auditors4,

(1) Whereas:  On 

the  occasion  of 

the
Czech Republic,  Estonia,  Hungary,  Latvia,  Lithuania,  Malta,  Poland,  Slovakia  and
Slovenia  special  temporary  measures  should  be  adopted  that  depart  from  the
Staff Regulations of Officials of the European Communities.

forthcoming  accession  of  Cyprus, 

the 

(2)

(3)

(4)

Given  the  number  of  countries  acceding  and  the  number  of  persons  potentially
involved  these  albeit  temporary  measures  must  be  in  force  for  a  substantial  period.
31 December 2010 appears to be the most suitable expiry date for them.

Given  the  exceptional  nature  of  the  situation  it  should  also  be  possible,  if  the  need
arises during that period, to organise general competitions reserved to nationals of the
fifteen  current  Member  states  in  order  to  ensure  respect  for  the  principle,  stated  in
Article 27  of  the  Staff Regulations,  that  officials  are  to  be  recruited  on  the  broadest
possible geographical basis.

Given  the  exceptional  size  of  the  impending  accession,  this  Regulation  should  be
adopted before the scheduled accession date so that all the necessary preparatory work
can be done to enable the planned recruitments to take place as soon as possible after
accession,

2

3

4

OJ C …, p. …
Given on ...
Given on ...

3

                                                
HAS ADOPTED THIS REGULATION:

Article 1

1.

2.

2.1.

2.2.

Notwithstanding  the  provisions  of  the  second  and  third  paragraphs  of  Article 4,
Article 7(1),  the  third  paragraph  of  Article 27  and  points (a),  (b)  and  (c)  in
Article 29(1)  of  the  Staff Regulations  of  Officials  of  the  European Communities
("Staff Regulations"  below),  until  31 December 2010  vacant  posts  may  be  filled,
within  the  limit  of  the  number  allotted,  if  appropriate  taking  into  account  the
budgetary  deliberations,  by  appointment,  after  the  date  of  accession  of  these
countries concerned, of nationals of Cyprus, the Czech Republic, Estonia, Hungary,
Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia.

Appointments to posts shall be made:

for all grades, after the accession of the countries concerned;

except  for  grades  A1  and  A2,  following  competitions  on  the  basis  of  both
qualifications and tests organised as specified in Annex III to the Staff Regulations.

Until  31 December 2010  competitions  may  be  held  that  are  reserved  for  nationals  of  the
fifteen existing Member States.

Article 2

This Regulation shall enter into force on the third day following its publication in the Official
Journal of the European Union.

Article 3

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

Done at Brussels,

2003

For the Council
The President

4