Council Regulation (EC, Euratom) No 401/2004 of 23 February 2004 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: 2004-02-23
Institutions: Council of the European Union
Subjects: European official, accession to the European Union, competition (EU), enlargement of the Union, recruitment

5.3.2004

EN

Official Journal of the European Union

L 67/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC, EURATOM) No 401/2004

of 23 February 2004

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,

(4)

Given the exceptional size of the impending accession,
this Regulation should be adopted before the actual
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 the accession,

Having regard to the Treaty establishing the European Com-
munity, 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 Parliament (1),

Having regard to the opinion of the Court of Justice (2),

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

Whereas:

(1)

(2)

(3)

On the occasion of the forthcoming accession of Cyprus,
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
(Staff Regulations).

Given the number of countries acceding and the number
of persons potentially involved these, albeit temporary
measures, should remain 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, and the
forecasted future general needs, competitions should also
be held for the recruitment of officials having one of the
existing 11 official
languages as their main language.
This will be in order to ensure respect for the principles
stated in Article 27 of the Staff Regulations, including
recruitment on the broadest possible geographical basis.

HAS ADOPTED THIS REGULATION:

Article 1

Notwithstanding the provisions of the second and third
1.
paragraphs of Article 4, Article 7(1), the third paragraph of
Article 27 and points (a), (b) and (c) of Article 29(1) of the
Staff Regulations, until 31 December 2010 vacant posts may
be filled, within the limit of the number allotted, taking into
account budgetary discussions, by appointment of nationals of
Cyprus,
Latvia,
Lithuania, Malta, Poland, Slovakia and Slovenia after the actual
date of accession of the countries concerned.

the Czech Republic,

Estonia, Hungary,

2.

Appointments shall be made:

(a) for all grades, after the actual date of accession;

(b) except for grades A1 and A2, following competitions on
the basis of both qualifications and tests organised as speci-
fied in Annex III to the Staff Regulations.

Article 2

Until 31 December 2010, general competitions shall also be
held for the recruitment of officials having one of the existing
11 official languages as their main language; such competitions
shall simultaneously cover all these languages.

Article 3

(1) Opinion delivered on 18 November 2003 (not yet published in the

Official Journal).

(2) Opinion delivered on 18 July 2003.
(3) Opinion delivered on 29 July 2003 (OJ C 224, 19.9.2003, p. 11).

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

L 67/2

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Official Journal of the European Union

5.3.2004

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

Done at Brussels, 23 February 2004.

For the Council

The President

B. COWEN