DRAFT AMENDING BUDGET N° 5TO THE GENERAL BUDGET 2011 STATEMENT OF EXPENDITURE BY SECTIONSection IX - European Data Protection SupervisorSection X - European External Action Service
Date: 2011-06-22
Institutions: European Commission
Subjects: EU office or agency, European Data Protection Supervisor, amending budget, budgetary expenditure, draft budget (EU)

EUROPEAN COMMISSION 

Brussels, 22.6.2011 
COM(2011) 374 final 

DRAFT AMENDING BUDGET N° 5 
TO THE GENERAL BUDGET 2011 

STATEMENT OF EXPENDITURE BY SECTION 
Section IX - European Data Protection Supervisor 
Section X - European External Action Service 

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DRAFT AMENDING BUDGET N° 5 
TO THE GENERAL BUDGET 2011 

STATEMENT OF EXPENDITURE BY SECTION 
Section IX – European Data Protection Supervisor 
Section X – European External Action Service 

Having regard to: 

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the Treaty on the Functioning of the European Union, and in particular Article 314 
thereof,  in  conjunction  with  the  Treaty  establishing  the  European  Atomic  Energy 
Community, and in particular Article 106a thereof, 

the  Council  Regulation  (EC,  Euratom)  No  1605/2002  of  25  June  2002  on  the 
Financial Regulation applicable to the general budget of the European Communities1, 
and in particular Article 37 thereof, 

the  general  budget  of  the  European  Union  for  the  financial  year  2011  adopted  on 
15 December 20102, 

the amending budget No 1/2011 adopted on 6 April 2011, 

the draft amending budget No 2/20113, adopted on 25 March 2011, 

the draft amending budget No 3/20114, adopted on 15 April 2011, 

the draft amending budget No 4/20115, adopted on 17 June 2011, 

The  European  Commission  hereby  presents  to  the  budgetary  authority  the  Draft  Amending 
Budget No 5 to the 2011 budget. 

CHANGES  TO  THE  STATEMENT  OF  REVENUE  AND  EXPENDITURE  BY 
SECTION 

The  changes  to  the  statement  of  revenue  and  expenditure  by  section  are  available  on  EUR-
Lex (http://eur-lex.europa.eu/budget/www/index-en.htm). An English version of the changes 
to this statement is attached for information as a budgetary annex. 

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OJ L 248, 16.9.2002, p. 1. 
OJ L 68, 15.3.2011, p. 1. 
COM(2011) 154 final. 
COM(2011) 219 final. 
COM(2011) 375 final. 

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1. 

Introduction  

Draft Amending Budget (DAB) No 5 for the year 2011 covers the following: 

⎯  A  modification  to  the  establishment  plan  of  the  European  Data  Protection  Supervisor  (EDPS), 

without additional budgetary request. 

⎯  A  modification  to  the  establishment  plan  of  the  European  External  Action  Service  (EEAS), 

without additional budgetary request. 

2.  European Data Protection Supervisor (EDPS) 

Following a selection procedure aimed to fill a vacancy for a management post, on 16 March 2011 the 
EDPS appointed a new Director of the European Data Protection Supervisor Secretariat. 

In  accordance  with  Article  5(5)  of  Annex  XIII  of  the  Staff  Regulations  the  new  Director  should  be 
promoted  to  the  next  higher  grade,  since  he  was an  official  in  grade  A3  on  30  April  2004.  For  this 
reason,  the  appointment  of  the  new  Director  represents  an  exceptional  circumstance  for  the  EDPS: 
Article  5(5)  of  Annex  XIII  of  the  Staff  Regulations  is  applicable  but  the  current  authorised 
establishment plan does not permit compliance with this statutory obligation. 

In order to be able to comply with the Staff Regulations, this amending budget consists of an upgrade 
of a permanent post from AD14 to AD15, without additional budgetary request. 

The revised establishment plan is included in the budgetary annex. 

3.  European External Action Service (EEAS) 

3.1 

Introduction 

The EEAS establishment plan currently in force was designed in 2010. A number of parameters which 
determine the number of occupied posts and therefore of vacant posts at each grade were not known at 
the time: 

⎯  The number of staff actually transferred from the Commission and the Council has been affected 
by individual choices which led some officials to remain in their institution of origin or to return to 
it shortly after their transfer. Conversely, a number of officials have volunteered to join the EEAS 
after its establishment; 

⎯  The grades of new recruits could not be forecasted. Posts are offered to candidates from Member 
States at a set grade and to EU officials at grades ranging from AD 5 to AD 14. As a result, the 
actual grade of any new recruit is known only when the selection process has been completed. 

Such uncertainty is specific to the EEAS: no other institution has seen movements of staff to and from 
other institutions and Member States to such a high proportion of its establishment plan in such a short 
period of time. 

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3.2  Recruitments from Member States and need for a transformation of 

posts 

Based on experience gained, some adaptations should be made to the establishment plan of the EEAS. 
Firstly, in order to facilitate recruitments from Member States, so as to reach the objective set out in 
the Council Decision6 that, when full capacity is reached, staff from Member States (to be engaged to 
fill  temporarily  permanent  posts  in  the  EEAS,  pursuant  to  Article  2(e)  of  the  Conditions  of 
Employment of other servants of the EU) should represent at least one third of all EEAS staff at AD 
level, temporary posts should be transformed into permanent posts.  

In  addition,  it  has  become  possible  to  evaluate  again  the  needs  taking  into  account:  posts  actually 
occupied  at  mid-May  2011;  recruitments  in  their  final  phase,  notably  relating  to  the  80  new  posts 
allocated to delegations in 2011; possible additional recruitments in 2011, notably in the context of the 
rotation exercise; foreseen departures on retirement in 2011;  

3.3  Promotion 

The  Staff  Regulations  (Article  6)  provide  that  given  percentages  of  posts  must  be  left  vacant  for 
promotions.  These percentages are set out in the Annex I-B to the Staff Regulations.  

In 2011, EEAS staff transferred from the Commission and the Council will be promoted in accordance 
with the rules and procedures in force in their institution of origin.  

Hence, the EEAS must have in its establishment plan a sufficient number of vacant posts to comply 
with its legal obligations regarding promotions.  

3.4  Conclusion 

The transformation of posts which results from this exercise would have a limited net annual cost of 
around  EUR 1,4 million,  taking  into  account  also  that  the  EEAS  renounces  six  AD 15  and  three 
AD 16  posts  in  order  to  minimise  costs  involved.  However,  as  this  transformation  will  have  effect 
only during part of 2011, no additional appropriations are requested for this year. The Draft Budget 
for 2012 already takes into account an amended establishment plan. 

The revised establishment plan is included in the budgetary annex. 

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2010/427/EU 

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