NUCLEAR MATERIAL ;
( 3)KNOWLEDGE IN THE FIELD OF NUCLEAR SAFEGUARDS ;
( 4 )...
( 5)THOROUGH KNOWLEDGE RELEVANT TO THE NATURE OF THE POST .
KNOWLEDGE OF LANGUAGES :
THOROUGH KNOWLEDGE OF ONE OF THE OFFICIAL LANGUAGES OF THE COMMUNITIES ;
SATISFACTORY KNOWLEDGE OF ANOTHER OFFICIAL LANGUAGE OF THE COMMUNITIES . '
5 IT APPEARS THAT BETWEEN 25 MAY AND 7 JUNE 1983 NINE OFFICIALS OF THE COMMISSION INCLUDING THE APPLICANT SUBMITTED APPLICATIONS FOR THE POST IN QUESTION BY REQUESTING PROMOTION UNDER ARTICLE 29 ( 1 ) ( A ) OF THE STAFF REGULATIONS . ACCORDING TO THE EXPLANATIONS SUPPLIED BY MR AUDLAND AT THE HEARING , THREE OF THOSE CANDIDATES WERE SHORT-LISTED , ONE OF THEM BEING JUDGED VERY COMPETENT AND FULLY QUALIFIED FOR THE POST . IT APPEARS FROM THE OPINION OF THE CONSULTATIVE COMMITTEE ON APPOINTMENTS TO GRADE A 2 AND A 3 POSTS DATED 30 JUNE 1983 THAT IT TOO CAME TO THE CONCLUSION THAT THAT OFFICIAL SHOULD BE GIVEN SPECIAL CONSIDERATION .
6 MR AUDLAND ALSO STATED IN HIS EVIDENCE TO THE COURT THAT HE BRIEFED THE VICE-PRESIDENT , MR DAVIGNON , ON THE SITUATION AND MR DAVIGNON TOOK THE VIEW THAT IT WAS NECESSARY TO WIDEN THE FIELD IN ORDER TO TAKE INTO ACCOUNT CANDIDATES FROM OUTSIDE THE INSTITUTIONS . MR AUDLAND STATED TO THE COURT THAT THE IMPORTANCE AND SENSITIVE NATURE OF THE DIRECTORATE CONCERNED MAKE IT IMPERATIVE TO BEAR IN MIND THE GEOGRAPHICAL BALANCE AMONG ITS STAFF . A LARGE PROPORTION OF THE NUCLEAR MATERIAL TO BE SAFEGUARDED IS IN FRANCE , AND , FOLLOWING MR BOMMELLE ' S RETIREMENT , THERE WERE NO FRENCH NATIONALS AMONG THE SENIOR STAFF OF THE DIRECTORATE OR AMONG QUALIFIED CANDIDATES FROM WITHIN THE INSTITUTIONS .
7 THE TWO CANDIDATES PUT FORWARD BY THE FRENCH AUTHORITIES FORMALLY SUBMITTED APPLICATIONS ON OR ABOUT 15 JULY 1983 . AT ITS MEETING ON 20 JULY 1983 THE COMMISSION DECIDED NOT TO FILL THE VACANT POST AT THAT STAGE , NOT TO ORGANIZE AN INTERNAL COMPETITION UNDER ARTICLE 29 ( 1 ) ( B ) OF THE STAFF REGULATIONS , TO OPEN THE PROCEDURE UNDER ARTICLE 29 ( 2 ) OF THE STAFF REGULATIONS AND CONSIDER AT THAT STAGE APPLICATIONS SUBMITTED UNDER ARTICLE 29 ( 1 ) ( A ), AND , FINALLY , ALSO TO REFER AT THAT STAGE TO THE CONSULTATIVE COMMITTEE FOR ITS OPINION ON ANY CANDIDATES APPLYING UNDER ARTICLE 29 ( 2 ).
8 THAT DECISION , WHICH WAS ENTERED IN THE MINUTES OF THE MEETINGS OF THE COMMISSION WITHOUT BEING ACCOMPANIED BY A STATEMENT OF REASONS , WAS NOT PUBLISHED . ONLY THE TWO APPLICATIONS WHICH HAD ALREADY BEEN RECEIVED WERE FORWARDED TO THE CONSULTATIVE COMMITTEE , WHICH DECLARED SOON AFTERWARDS , ON 22 JULY 1983 , THAT THEY COULD BE TAKEN INTO CONSIDERATION . NEVERTHELESS , THE CONSULTATIVE COMMITTEE TOOK THE VIEW THAT THOSE CANDIDATES ' QUALIFICATIONS AND MERITS WERE NOT SUPERIOR TO THOSE OF THE OFFICIAL RECOMMENDED IN THE FIRST OPINION DATED