WRITTEN QUESTION E-0479/04 by Christopher Heaton-Harris (PPE-DE) to the Commission. Commission open competitions.
Date: 2004-02-23
Institutions: European Parliament, Provisional data
Subjects: European Commission, European official, accession to the European Union, equal treatment, recruitment, regulations for civil servants

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substantially higher for plastics than for glass and the use of secondary glass also saves costs to buy
primary raw materials to a higher extent than is the case for plastics. Even though the recycling targets are
different for the various materials,
it is therefore difficult to evaluate whether there is an effect on
competition between the materials and what material would get more favourable conditions. However, if
there is any such effect, it is likely to be small compared to other factors influencing competition such as
production costs, consumer convenience etc.

The Commission proposal (1) for new recycling targets was based on the view that all packaging materials
should contribute to reducing their environmental impacts through recycling levels reflecting their specific
costs and benefits. The levels of the recycling targets were extensively discussed by the Parliament and the
Council during the legislative procedure which led to the adoption of Directive 2004/12/EC of
11 February 2004 (2). There are currently no reasons to propose a modification of the targets.

The EU legislation that allows the European Union to meet its commitments under the Kyoto Protocol
does not foresee any derogation for Accession States.

(1) Proposal for a Parliament and Council Directive amending Directive 94/62/EC on packaging and packaging waste,

COM(2004) 127 final.

(2) Directive 2004/12/EC of the Parliament and of the Council of 11 February 2004 amending Directive 94/62/E,

OJ L 47, 18.2.2004.

(2004/C 84 E/0894)

WRITTEN QUESTION E-0479/04

by Christopher Heaton-Harris (PPE-DE) to the Commission

(23 February 2004)

Subject: Commission open competitions

Regarding the open competition for Commission vacancies, what criteria are used to select successful
candidates?

Do these criteria include the nationality of the candidate?

Does the Commission have targets for the number of successful candidates from each Member State? If so,
what are these targets now and also after the enlargement of the EU?

Could the Commission provide the results of the successful candidates for the open competition by
nationality for 2001, 2002 and 2003?

Answer given by Mr Kinnock on behalf of the Commission

(18 March 2004)

Commission vacancies are first published internally in order to provide the possibility of internal mobility
for existing officials. If this publication does not result in the identification of a suitable internal candidate
or candidates, recourse can then be made to the results of open competitions.

Successful candidatures from these competitions are assessed in order to identify those whose profile
corresponds the most closely to the requirements of the vacancy notice which is based on the job
description of the post concerned. The criteria used are the field covered by the competition (e.g. law,
economics etc.), the candidates’ education/professional training and professional experience and, where
appropriate, linguistic knowledge.

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The basis of recruitment is set out in Article 27 of the Staff Regulations, which provides that:

Recruitment shall be directed to securing for the institution the services of officials of the highest
standard of ability, efficiency and integrity, recruited on the broadest possible geographical basis from
among nationals of Member States of the Communities.

Officials shall be selected without distinction as to race, political, philosophical or religious beliefs, sex
or sexual orientation and without reference to their marital status or family situation.

No posts shall be reserved for nationals of any specific Member State.

As is made clear by the last sentence of this article, the Commission cannot reserve or earmark a post for
successful candidates of a specific nationality and thus make the nationality of a candidate one of the
determining factors for the selection of a person for this post. However, the Institutions, including the
Commission, must also be mindful of their obligation to recruit on ‘… the broadest possible geographical
basis …’. This means that the Institutions try to ensure that there is a reasonable number of nationals of
each Member State working within the Institutions. The Court of First
Instance has given a clear
interpretation of this rule (1): under the Staff Regulations, nationality considerations may be invoked only
to distinguish between candidates whose qualifications are substantially equivalent.

A Council Regulation can derogate from the provisions of the Staff Regulations, for example in order to
permit
the filling of vacant posts by the appointment of candidates of specific nationalities. Such
‘derogation regulations’ have traditionally been adopted by the Council on the occasion of the accession of
new Member States. That is the case with the present enlargement where the Council is in the process of
adopting a Regulation which will provide that, ‘… 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, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and
Slovenia after the actual date of accession of the countries concerned’. The Council Regulation thus aims to
provide for a fair and balanced representation of the nationals of the 10 new Member States in the staff of
the Institutions.

The Commission does not have pre-determined targets for
the number of successful candidates,
by nationality, for existing Member States. It is only in the context of enlargement that such overall
targets for recruitment are established (see below). In this instance, the Commission decided (2), on the
basis of objective criteria (population size, weighted vote in Council, number of seats of a Member State in
Parliament) and a clear methodology, that nationals of the new Member States should hold 3 441 posts by
the end of the transition period (that is December 2010) set out in the Council Regulation. The results of
reference to the criteria and methodology are seen in the indicative recruitment targets that have been
published:

Indicative recruitment targets

Malta

Cyprus

Estonia

Slovenia

Latvia

Lithuania

Slovakia

Hungary

Czech Republic

Poland

Total

Total staff

83

110

117

134

155

241

279

489

492

1 341

3 441

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It should be noted that achievement of these indicative targets is and will depend on the budgetary
authority confirming that the additional resources required to meet the measured needs arising from
enlargement of the Union by 10 Member States will be granted. If the establishment plan is not increased
year on year according to the forecasts of needs, the share of posts for nationals of new Member States’
would obviously have to be decreased accordingly with consequent implications for overall performance of
the Commission.

The results of successful candidatures in open competitions by nationality for 2001, 2002 and 2003 are
given in the annexe which is sent direct to the Honourable Member and to Parliament’s Secretariat.

(1) Decision 22/03/1995 Kotzonis/CES (T-586/93, Rec. p. II-665, RecFP p. II-203).
(2) Communication of 19 February 2003, C (2003) 436.

(2004/C 84 E/0895)

WRITTEN QUESTION E-0481/04

by Christopher Heaton-Harris (PPE-DE) to the Commission

(23 February 2004)

Subject: Blue Dragon

Could the Commission confirm if any of the OLAF investigators involved in the Blue Dragon investigation
were amongst the 12 former UCLAF staff moved from OLAF to the Commission in 2001?

Answer given by Ms Schreyer on behalf of the Commission

(5 April 2004)

The European Anti-Fraud Office (OLAF) has informed the Commission that three OLAF staff members
concerned initially with questions relating to the ‘Blue Dragon’ case had earlier been staff members of the
Unit for the Coordination of Fraud Prevention (UCLAF) and subsequently left OLAF for posts in the
Commission in 2001.

(2004/C 84 E/0896)

WRITTEN QUESTION E-0487/04

by Daniel Varela Suanzes-Carpegna (PPE-DE) to the Commission

Subject: EU dairy sector: Argentina and the WTO ‘peace clause’

(23 February 2004)

Following the expiry of the WTO ‘peace clause’ on 31 December 2003, Argentina has already threatened
to bring proceedings against the EU before the WTO’s dispute settlement body in relation to Community
subsidies to the dairy sector.

Does the Commission believe that the threats from Argentina might at some stage jeopardise the recently
reformed Community system?

Answer given by Mr Fischler on behalf of the Commission

(21 April 2004)

With regard to the expiry of the Peace Clause, the Commission maintains the following position: World
Trade Organisation (WTO) Members’ use of litigation in an attempt to challenge subsidies, granted in
conformity with the Agreement on Agriculture,
risks undermining comprehensive negotiations on
agriculture aimed at concluding an agreement acceptable to all Members.