Proposal for a Council Regulation introducing, on the occasion of the accession of Bulgaria and Romania, special temporary measures for recruitment of officials of the European Communities
Date: 2006-06-06
Institutions: European Commission
Subjects: European official, accession to the European Union, competition (EU), enlargement of the Union, recruitment

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 06.06.2006 
COM(2006) 271 final 

2006/0091 (CNS) 

Proposal for a 

COUNCIL REGULATION 

introducing, on the occasion of the accession of Bulgaria and Romania, special 
temporary measures for recruitment of officials of the European Communities 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

The  forthcoming  accession  of  Bulgaria  and  Romania  to  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 this 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  follows  the  largest  enlargement  that  the  Union  has  ever 
undertaken, when, on 1 May 2004 ten new member states joined the Union. 

The main features of the proposal are: 

1. 

2. 

3. 

4. 

The  derogation 
31 December 2011.  

from 

the  Staff  Regulations 

is  proposed 

to 

last  until 

The Regulation foresees the organisation of competitions for the selection of officials 
from Bulgaria and Romania on a national basis.  

Competitions  for  Bulgarian  and  Romanian  nationals  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.  

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 the EU 10 enlargement, see OJ L 67, 05.03.2004, p. 1. 

EN 

2 

   EN 

 
                                                 
2006/0091 (CNS) 

Proposal for a 

COUNCIL REGULATION 

introducing, on the occasion of the accession of Bulgaria and Romania, 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 Commission2, 

Having regard to the opinion of the European Parliament3, 

Having regard to the opinion of the Court of Justice4, 

Having regard to the opinion of the Court of Auditors5, 

Whereas: 

(1) 

(2) 

(3) 

On  the  occasion  of  the  forthcoming  accession  of  Bulgaria  and  Romania  special 
temporary  measures  should  be  adopted  that  depart  from  the  Staff  Regulations  of 
Officials of the European Communities (Staff Regulations). 

Give the relative sizes of the countries acceding and the number of persons potentially 
involved  these,  albeit  temporary  measures  should  remain  in  force  for  a  substantial 
period. 31 December 2011 appears to be the most suitable expiry date for them. 

Given  the  need  to  enable  the  planned  recruitments  to  take  place  as  soon  as  possible 
after accession, this Regulation should be adopted before the actual accession date. 

HAS ADOPTED THIS REGULATION: 

Article 1 

Notwithstanding  the  provisions  of  the  second  and  third  paragraphs  of  Article  4, 
Article  7(1),  the  second  paragraph  of  Article  27  and  points  (a)  and  (b)  in  Article 
29(1) of the Staff Regulations, until 31 December 2011 vacant posts may be filled, 

OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 

1. 

2 
3 
4 
5 

EN 

3 

   EN 

 
                                                 
with the limit of the number allotted, taking into account the budgetary discussions, 
by  appointment  of  Bulgarian  and  Romanian  nationals  after  the  actual  date  of 
accession of the countries concerned. 

2. 

Appointments to posts shall be made: 

(a) 

For all grades, after the actual date of accession; 

(b) 

Except  for  senior  officials,  (Directors-General  or  their  equivalent  in 
grade AD 16 or AD 15 and Directors or their equivalent in grade AD 
15  or  AD  14),  following  competitions  on  the  basis  of  both 
qualifications and tests organised as specified in Annex III to the Staff 
Regulations. 

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

Article 2 

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

Done at Brussels,  

For the Council 
The President 

EN 

4 

   EN