REPORT on the proposal for a regulation of the European Parliament and of the Council amending the Staff Regulations of Officials of the European Communities and the Conditions of Employment of Other Servants of those Communities

18.10.2010 - (COM(2010)0309 – C7‑0146/2010 – 2010/0171(COD)) - ***I

Committee on Legal Affairs
Rapporteur: Bernhard Rapkay

Amendments

• 001-042 (PDF - 201 KB)
• 001-042 (DOC - 186 KB)

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council amending the Staff Regulations of Officials of the European Communities and the Conditions of Employment of Other Servants of those Communities

(COM(2010)0309 – C7‑0146/2010 – 2010/0171(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–    having regard to the Commission proposal to Parliament and the Council (COM(2010)0309),

–    having regard to Article 294(2) and Article 336 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0146/2010),

–    having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–    having regard to Council Decision 2010/427/EU of 26 July 2010 establishing the organisation and functioning of the European External Action Service[1],

–    having regard to Rule 55 of its Rules of Procedure,

–    having regard to the report of the Committee on Legal Affairs and the opinions of the Committee on Foreign Affairs, the Committee on Development, the Committee on Budgets and the Committee on Budgetary Control (A7‑0288/2010),

1.   Adopts its position at first reading hereinafter set out;

2.   Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

3.   Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment  1 Proposal for a regulation – amending act Recital 1
Text proposed by the Commission	Amendment
(1) According to Article 27 of the Treaty on European Union, the High Representative of the Union for Foreign Affairs and Security Policy is to be assisted by a European External Action Service (EEAS). This service is to work in cooperation with the diplomatic services of the Member States and is to comprise officials from relevant departments of the General Secretariat of the Council and of the Commission as well as staff seconded from national diplomatic services of the Member States.	(1) According to Article 27 of the Treaty on European Union, the High Representative of the Union for Foreign Affairs and Security Policy (the High Representative) is to be assisted by a European External Action Service (EEAS). This service is to work in cooperation with the diplomatic services of the Member States and is to comprise officials from relevant departments of the General Secretariat of the Council and of the Commission as well as staff seconded from national diplomatic services of the Member States. This service is to form part of the Union's open, efficient and independent European administration, as provided for in Article 298 of the Treaty on the Functioning of the European Union.
Amendment  2 Proposal for a regulation – amending act Recital 3
Text proposed by the Commission	Amendment
(3) The High Representative of the Union for Foreign Affairs and Security Policy and Vice-President of the Commission should act as Appointing Authority and Authority to Conclude Contracts for the staff of the EEAS, with the possibility of entrusting the EEAS with these powers. As certain EEAS staff members, including the Heads of Delegations, will have to carry out tasks for the Commission as part of their normal duties, provision should be made for the participation of the Commission in decisions concerning those staff members.	(3) The High Representative should act as Appointing Authority and Authority to Conclude Contracts for the staff of the EEAS, with the possibility of entrusting the EEAS with these powers. As the Heads of Delegations will have to carry out tasks for the Commission as part of their normal duties, provision should be made for the participation of the Commission in certain decisions concerning those staff members.
Amendment  3 Proposal for a regulation – amending act Recital 3 a (new)
Text proposed by the Commission	Amendment
	(3a) Officials of the Union and temporary agents coming from the diplomatic services of the Member States should have the same rights and obligations and be treated equally, in particular as concerns their eligibility to assume all positions under equivalent conditions. No distinction should be made between temporary agents coming from national diplomatic services and officials of the Union as regards the assignment of duties to perform in all areas of activities and policies implemented by the EEAS.
Amendment  4 Proposal for a regulation – amending act Recital 4
Text proposed by the Commission	Amendment
(4) It is appropriate to clarify that staff of the EEAS who carry out tasks for the Commission as part of their duties should follow instructions given by the Commission. Likewise, Commission officials working in Union delegations should follow instructions from the Head of Delegation, in particular on organisational and administrative matters and on the implementation of the Union budget.	(4) It is appropriate to clarify that staff of the EEAS who carry out tasks for the Commission as part of their duties should, in accordance with Article 221(2) of the Treaty on the Functioning of the European Union, follow instructions given by the Commission. Likewise, Commission officials working in Union delegations should follow instructions from the Head of Delegation.
Amendment  5 Proposal for a regulation – amending act Recital 5
Text proposed by the Commission	Amendment
(5) For the avoidance of doubt, it should be confirmed that officials and temporary staff occupying a post in an organisational entity which is transferred from the General Secretariat of the Council or the Commission to the EEAS pursuant to the Council Decision referred to in Article 27(3) of the Treaty on European Union are deemed to be transferred with the post. This should also apply to contract and local staff assigned to such an organisational entity. Specific measures should be taken to ensure that the staff concerned by the transfer receive appropriate career guidance and assistance.	(5) For the avoidance of doubt, it should be confirmed that officials and temporary staff occupying a post in an organisational entity which is transferred from the General Secretariat of the Council or the Commission to the EEAS pursuant to Council Decision 2010/427/EU of 26 July 2010 establishing the organisation and functioning of the European External Action Service1 are deemed to be transferred with the post. This should apply mutatis mutandis to contract and local staff assigned to such an organisational entity. The staff concerned by this transfer will be informed in advance.
	1 OJ L 201, 3.8.2010, p. 30.
Amendment  6 Proposal for a regulation – amending act Recital 6
Text proposed by the Commission	Amendment
(6) Officials from the Council or the Commission who have taken up duties in the EEAS should be able to apply for vacant posts within their institution of origin on an equal footing with internal candidates of those institutions.	(6) Officials from institutions other than the EEAS who have taken up duties in the EEAS should be able to apply for vacant posts within their institution of origin on an equal footing with internal candidates of that institution.
Amendment  7 Proposal for a regulation – amending act Recital 7
Text proposed by the Commission	Amendment
(7) In order to take account of specific situations in a flexible manner (for example an urgent need to fill a post or future transfers of support tasks from the Council or the Commission to the EEAS), a transfer of officials in the interests of the service, that is without prior publication of the vacant post, from the Council or the Commission to the EEAS should also be made possible in exceptional cases. Similarly, it should be possible to transfer officials in the interest of the service from the EEAS to the Council or the Commission.	(7) Until 30 June 2013, in order to take account of specific situations in a flexible manner (for example a need for future transfers of technical support tasks from the General Secretariat of the Council or from the Commission to the EEAS), a transfer of officials in the interests of the service with their post, that is without prior publication of a vacant post, from the Council or the Commission to the EEAS should also be made possible in duly justified exceptional cases.
Amendment  8 Proposal for a regulation – amending act Recital 7 a (new)
Text proposed by the Commission	Amendment
	(7a) Until 30 June 2014, with regard to those officials from the General Secretariat of the Council or from the Commission who have been transferred to the EEAS during the start-up phase, it should be possible to transfer such EEAS officials without their post, in the interest of the service, from the EEAS to the Council or the Commission.
Amendment  9 Proposal for a regulation – amending act Recital 8
Text proposed by the Commission	Amendment
(8) It is necessary to ensure that staff from national diplomatic services, candidates from the Council and the Commission as well as internal candidates can apply for posts in the EEAS on an equal footing. From 1 July 2013 at the latest this should also apply to officials from other institutions. However, in order to guarantee proper representation of staff from national diplomatic services in the EEAS, the High Representative of the Union for Foreign Affairs and Security Policy and Vice-President of the Commission should be able to decide that for posts in function group AD, until 30 June 2013, priority may be given to candidates from national diplomatic services of the Member States in case of substantially equal qualifications.	(8) In order to give effect to Article 27(3) of the Treaty on European Union, which identifies three sources of staff for the EEAS, it should be provided that until 30 June 2013 the EEAS will recruit exclusively officials originating from the General Secretariat of the Council and the Commission as well as staff from the diplomatic services of the Member States. During this period, it is necessary to ensure that staff from national diplomatic services, candidates from the General Secretariat of the Council and the Commission as well as internal candidates can apply for posts in the EEAS on an equal footing. During the same period, it should however be possible, in exceptional cases and after having exhausted the possibilities to recruit from the three exclusive sources, to recruit from outside those sources technical support staff at AD level necessary for the good functioning of the EEAS, such as specialists in the areas of crisis management, security and IT. From 1 July 2013 access to posts in the EEAS should also be opened to officials from other institutions.
Amendment  10 Proposal for a regulation – amending act Recital 8 a (new)
Text proposed by the Commission	Amendment
	(8a) In addition, with a view to helping reach the target that staff from national diplomatic services should represent at least one third of all EEAS staff at AD level, it is necessary to provide for a temporary derogation until 30 June 2013 from Article 98(1) of the Staff Regulations enabling the High Representative to give priority for certain posts in function group AD in the EEAS to candidates from such national diplomatic services in the case of equivalent qualifications.
Amendment  11 Proposal for a regulation – amending act Recital 8 b (new)
Text proposed by the Commission	Amendment
	(8b) In order to ensure a proper balance amongst the different staff components of the EEAS and in accordance with Council Decision 2010/427/EU, when the EEAS has reached its full capacity, personnel from the diplomatic services of the Member States appointed as temporary agents should represent at least one third of all EEAS staff at AD level and Union officials should represent at least 60% of all EEAS staff at AD level. This should include staff coming from the diplomatic services of the Member States who have become permanent officials of the Union in accordance with the provisions of the Staff Regulations.
Amendment  12 Proposal for a regulation – amending act Recital 9
Text proposed by the Commission	Amendment
(9) Selected candidates from national diplomatic services who are seconded by their Member States should be employed as temporary agents and thus be put on equal footing with officials. The implementing provisions to be adopted by the EEAS should guarantee career perspectives for temporary agents that are equivalent to those of officials.	(9) Selected candidates who are seconded by the national diplomatic services of the Member States should be employed as temporary agents and thus be put on equal footing with officials. They should be recruited on the basis of an objective and transparent procedure and the implementing provisions to be adopted by the EEAS should guarantee equivalent career prospects within the EEAS for temporary agents and officials.
Amendment  13 Proposal for a regulation – amending act Recital 9 a (new)
Text proposed by the Commission	Amendment
	(9a) In accordance with Article 27 of the Staff Regulations and Articles 12(1), first subparagraph, and 82 of the Conditions of Employment of Other Servants, recruitment or engagement should be directed to securing for the EEAS the services of officials and temporary staff of the highest standard of ability, efficiency and integrity, recruited on the broadest possible geographical basis from among nationals of Member States of the Union. This will apply to the EEAS as a whole and to its different staff components, including temporary staff referred to in Article 2(e) of the Conditions of Employment of Other Servants. In addition, the staff of the EEAS should comprise an appropriate and meaningful presence of nationals from all the Member States.
Amendment  14 Proposal for a regulation – amending act Recital 9 b (new)
Text proposed by the Commission	Amendment
	(9b) The High Representative will take appropriate measures, as provided in Article 1d(2) and (3) of the Staff Regulations, for promoting equal opportunities for the under-represented gender in certain function groups, more particularly in function group AD.
Amendment  15 Proposal for a regulation – amending act Recital 10
Text proposed by the Commission	Amendment
(10) In order to avoid unnecessary restrictions on the employment in the EEAS of staff from national diplomatic services, specific rules on the length of contracts should be adopted. For this particular category of temporary staff, the rules on secondment, leave on personal grounds and maximum retirement age should be aligned with those applicable to officials.	(10) In order to avoid unnecessary restrictions on the employment in the EEAS of staff from national diplomatic services, specific rules on the length of contracts should be adopted, together with a guarantee of reinstatement at the end of their period of service, in accordance with relevant provisions. For this particular category of temporary staff, the rules on secondment and maximum retirement age should be aligned with those applicable to officials.
Amendment  16 Proposal for a regulation – amending act Recital 11
Text proposed by the Commission	Amendment
(11) These specific rules should also be made applicable, at the request of the persons concerned, to temporary agents from national diplomatic services of the Member States who were engaged by the relevant departments of the General Secretariat of the Council or of the Commission before the establishment of the EEAS, but after the entry into force of the Lisbon Treaty.	(11) These specific rules should also be made applicable, with the agreement of the High Representative and of the national diplomatic service concerned, to temporary agents from national diplomatic services of the Member States who were engaged by the relevant departments of the General Secretariat of the Council or of the Commission, or whose contract was amended, before the establishment of the EEAS, but after the entry into force of the Lisbon Treaty.
Amendment  17 Proposal for a regulation – amending act Recital 11 a (new)
Text proposed by the Commission	Amendment
	(11a) The EEAS may, in specific cases, have recourse to a limited number of specialised seconded national experts (SNEs), seconded with a view to their performing specific tasks, in particular related to crisis management or military functions, over whom the High Representative should have authority. Their secondment should not be counted in the one third of all EEAS staff at AD level which staff from Member States should represent when the EEAS reaches its full capacity.
Amendment  18 Proposal for a regulation – amending act Recital 12
Text proposed by the Commission	Amendment
(12) In order to ease the administrative burden of the EEAS, the Disciplinary Board established in the Commission should also serve as the Disciplinary Board for the EEAS, unless the High Representative of the Union for Foreign Affairs and Security Policy and Vice-President of the Commission decides to establish a Disciplinary Board for the EEAS.	(12) In order to ease the administrative burden of the EEAS, the Disciplinary Board established in the Commission should also serve as the Disciplinary Board for the EEAS, until the High Representative decides to establish a Disciplinary Board for the EEAS. Such decision should be taken by 31 December 2011 at the latest.
Amendment  19 Proposal for a regulation – amending act Recital 13
Text proposed by the Commission	Amendment
(13) In order to ensure coherent representation of Commission and EEAS staff in delegations, it should be provided that the Staff Committee of the Commission also represents EEAS staff, who would be entitled to vote and stand as candidates in its elections.	(13) Until a Staff Committee is set up within the EEAS in accordance with the first indent of Article 9(1)(a) of the Staff Regulations, which should be by 31 December 2011 at the latest, it should be provided that the Staff Committee of the Commission also represents EEAS staff, who would be entitled to vote and stand as candidates in its elections.
Amendment  20 Proposal for a regulation – amending act Recital 19
Text proposed by the Commission	Amendment
(19) This Regulation should enter into force at the earliest possible date, since the proposed amendments to the Staff Regulations and Conditions of Employment constitute a necessary condition for the proper functioning of the EEAS,	(19) This Regulation should enter into force at the earliest possible date, since the amendments to the Staff Regulations and Conditions of Employment of Other Servants constitute a necessary condition for the proper functioning of the EEAS,
Amendment  21 Proposal for a regulation – amending act Article 1 – point 6 Staff Regulations of Officials of the European Communities Article 1b – point a
Text proposed by the Commission Amendment '(a) the European External Action Service under the authority of the High Representative of the Union for Foreign Affairs and Security Policy and Vice-President of the Commission (hereinafter referred to as EEAS),'; '(a) the European External Action Service (hereinafter referred to as EEAS),';
Amendment  22 Proposal for a regulation – amending act Article 1 – point 9 Staff Regulations of Officials of the European Communities Title VIIIa – Article 95 – paragraph 1
Text proposed by the Commission Amendment 1. The powers conferred by these Staff Regulations on the Appointing Authority shall be exercised by the High Representative of the Union for Foreign Affairs and Security Policy and Vice-President of the Commission in respect of staff of the EEAS. He may determine who within the EEAS shall exercise those powers. Article 2(2) shall apply. 1. The powers conferred by these Staff Regulations on the Appointing Authority shall be exercised by the High Representative of the Union for Foreign Affairs and Security Policy (hereinafter referred to as the High Representative) in respect of staff of the EEAS. He or she may determine who within the EEAS shall exercise those powers. Article 2(2) shall apply.
Amendment  23 Proposal for a regulation – amending act Article 1 – point 9 Staff Regulations of Officials of the European Communities Title VIIIa – Article 95 – paragraph 2
Text proposed by the Commission Amendment 2. However, in respect of Heads of Delegation, the powers concerning appointments shall be exercised on the basis of a list of candidates on which the Commission has agreed within the framework of the powers that the Treaties confer on it. This shall apply mutatis mutandis to transfers in the interests of the service. 2. In respect of Heads of Delegation, the powers concerning appointments shall be exercised, using a thorough selection procedure based on merit and having regard to gender and geographical balance, on the basis of a list of candidates on which the Commission has agreed within the framework of the powers that the Treaties confer on it1. This shall apply mutatis mutandis to transfers in the interest of the service made in exceptional circumstances and for a defined temporary period to a post of Head of Delegation.   ____________________ 1 Statement by the Commission: "The Commission will duly motivate vis-à-vis the High Representative any negative opinion it might express concerning a person on the list of candidates".
Amendment  24 Proposal for a regulation – amending act Article 1 – point 9 Staff Regulations of Officials of the European Communities Title VIIIa – Article 95 – paragraph 3 – subparagraph 1
Text proposed by the Commission Amendment 3. In respect of EEAS officials who have to carry out tasks for the Commission as part of their duties, the Appointing Authority shall initiate administrative inquiries and disciplinary proceedings as referred to in Articles 22 and 86 and Annex IX if the Commission so requests. 3. In respect of Heads of Delegation, in cases where they have to carry out tasks for the Commission as part of their duties, the Appointing Authority shall initiate administrative inquiries and disciplinary proceedings as referred to in Articles 22 and 86 and Annex IX if the Commission so requests.
Amendment  25 Proposal for a regulation – amending act Article 1 – point 9 Staff Regulations of Officials of the European Communities Title VIIIa – Article 96
Text proposed by the Commission Amendment Notwithstanding Article 11, a Commission official working in a Union delegation shall take instructions from the Head of Delegation, in particular on organisational and administrative matters and, in accordance with legal acts adopted under Article 322 of the Treaty on the Functioning of the European Union, on the implementation of the Union budget. Notwithstanding Article 11, a Commission official working in a Union delegation shall take instructions from the Head of Delegation in accordance with latter's role as provided for in Article 5 of the Council Decision 2010/427/EU of 26 July 2010 establishing the organisation and functioning of the European External Action Service1. An EEAS official who has to carry out tasks for the Commission as part of his duties shall take instructions from the Commission with regard to those tasks. An EEAS official who has to carry out tasks for the Commission as part of his duties shall take instructions from the Commission with regard to those tasks, in accordance with Article 221(2) of the Treaty on the Functioning of the European Union. The modalities for implementing this Article shall be agreed between the Commission and the EEAS. The modalities for implementing this Article shall be agreed between the Commission and the EEAS.   1 OJ L 201, 3.8.2010, p. 30.
Amendment  26 Proposal for a regulation – amending act Article 1 – point 9 Staff Regulations of Officials of the European Communities Title VIIIa – Article 97
Text proposed by the Commission Amendment Under the conditions set out in Article 7(1) and notwithstanding Articles 4 and 29, the Appointing Authorities of the institutions concerned may in exceptional cases, acting by common agreement and solely in the interests of the service, after having heard the official concerned, transfer him from the Council or the Commission to the EEAS without notifying the staff of the vacant post. An EEAS official may be transferred to the Council or the Commission under the same conditions. Until 30 June 2014, with regard to those officials who have been transferred to the EEAS pursuant to Council Decision 2010/427/EU, by way of derogation from Articles 4 and 29 of these Staff Regulations and under the conditions set out in Article 7(1), the Appointing Authorities of the institutions concerned may in exceptional cases, acting by common agreement and solely in the interest of the service, after having heard the official concerned, transfer such an EEAS official from the EEAS to a vacant post of the same grade in the General Secretariat of the Council or in the Commission without notifying the staff of the vacant post.
Amendment  27 Proposal for a regulation – amending act Article 1 – point 9 Staff Regulations of Officials of the European Communities Title VIIIa – Article 98 – paragraph 1 – subparagraph 1
Text proposed by the Commission Amendment 1. For the purposes of Article 29(1)(a) and without prejudice to Article 97, when filling a vacant post in the EEAS, the Appointing Authority shall consider the applications of officials of the Council, the Commission and the EEAS, of temporary staff to whom Article 2(e) of the Conditions of Employment of Other Servants applies and of staff from national diplomatic services of the Member States without giving priority to any of these categories. 1. For the purposes of Article 29(1)(a), when filling a vacant post in the EEAS, the Appointing Authority shall consider the applications of officials of the General Secretariat of the Council, the Commission and the EEAS, of temporary staff to whom Article 2(e) of the Conditions of Employment of Other Servants applies and of staff from national diplomatic services of the Member States without giving priority to any of these categories. Until 30 June 2013, by way of derogation from Article 29, for recruitment from outside the institution, the EEAS shall recruit exclusively officials from the General Secretariat of the Council and from the Commission as well as staff from the diplomatic services of Member States. However, in exceptional cases and after having exhausted the possibilities to recruit in accordance with the above provisions, the Appointing Authority may decide to recruit from outside the sources listed in the first sentence technical support staff at AD level necessary for the good functioning of the EEAS, such as specialists in the areas of crisis management, security and IT.
Amendment  28 Proposal for a regulation – amending act Article 1 – point 9 Staff Regulations of Officials of the European Communities Title VIIIa – Article 98 – paragraph 1 – subparagraph 2
Text proposed by the Commission Amendment From a date fixed by the High Representative of the Union for Foreign Affairs and Security Policy and Vice-President of the Commission, but at the latest from 1 July 2013, the Appointing Authority shall also consider the applications of officials from other institutions without giving priority to any of these categories. As from 1 July 2013, the Appointing Authority shall also consider the applications of officials from institutions other than those referred to in the first subparagraph without giving priority to any of these categories.
Amendment  29 Proposal for a regulation – amending act Article 1 – point 9 Staff Regulations of Officials of the European Communities Title VIIIa – Article 98 – paragraph 2
Text proposed by the Commission Amendment 2. For the purposes of Article 29(1)(a) and without prejudice to Article 97, the Appointing Authority shall, when filling a vacant post in the Council or the Commission, consider applications of internal candidates and officials of the EEAS who were officials of the institution concerned until they became officials of the EEAS without giving priority to any of these categories. 2. For the purposes of Article 29(1)(a) and without prejudice to Article 97, the Appointing Authority of institutions other than the EEAS shall, when filling a vacant post, consider applications of internal candidates and officials of the EEAS who were officials of the institution concerned until they became officials of the EEAS without giving priority to any of these categories.
Amendment  30 Proposal for a regulation – amending act Article 1 – point 9 Staff Regulations of Officials of the European Communities Title VIIIa – Article 99 – paragraph 1 – subparagraph 1
Text proposed by the Commission Amendment 1. Unless the High Representative of the Union for Foreign Affairs and Security Policy and Vice-President of the Commission decides to establish a Disciplinary Board for the EEAS, the Disciplinary Board of the Commission shall also serve as the Disciplinary Board for the EEAS. 1. Until the High Representative decides to establish a Disciplinary Board for the EEAS, the Disciplinary Board of the Commission shall also serve as the Disciplinary Board for the EEAS. The High Representative's decision shall be taken no later than 31 December 2011.
Amendment  31 Proposal for a regulation – amending act Article 1 – point 9 Staff Regulations of Officials of the European Communities Title VIIIa – Article 99 – paragraph 2
Text proposed by the Commission Amendment 2. By derogation from the first indent of Article 9(1)(a), the Staff Committee of the Commission shall also represent officials and other servants of the EEAS. 2. Until a Staff Committee is set up within the EEAS in accordance with the first indent of Article 9(1)(a), which shall be no later than 31 December 2011, by way of derogation from the provision contained in that indent, the Staff Committee of the Commission shall also represent officials and other servants of the EEAS.
Amendment  32 Proposal for a regulation – amending act Article 2 – point 10 Conditions of Employment of Other Servants of the European Communities Chapter 10 – Article 50 b – paragraph 2
Text proposed by the Commission Amendment 2. They may be engaged for a maximum period of four years. Contracts may be renewed more than once for a maximum period of four years for each renewal. A renewal shall be granted on condition that the secondment from the national diplomatic service is extended for the period of renewal. 2. They may be engaged for a maximum period of four years. Contracts may be renewed for a maximum period of four years. In total, engagement should not exceed eight years. However, in exceptional circumstances and in the interest of the service, at the end of the eighth year, the contract may be extended for a maximum period of two years. Each Member State shall provide its officials who have become temporary agents in the EEAS with a guarantee of immediate reinstatement at the end of their period of service to the EEAS, in accordance with the applicable provisions of its national law.
Amendment  33 Proposal for a regulation – amending act Article 2 – point 10 Conditions of Employment of Other Servants of the European Communities Chapter 10 – Article 50 b – paragraph 2 a (new)
Text proposed by the Commission Amendment   2a. The Member States shall support the Union in the enforcement of any liability under Article 22 of the Staff Regulations of EEAS temporary agents referred to in Article 2(e) of these Conditions of Employment.
Amendment  34 Proposal for a regulation – amending act Article 2 – point 10 Conditions of Employment of Other Servants of the European Communities Chapter 10 – Article 50 c – paragraph 2
Text proposed by the Commission Amendment 2. Article 40 of the Staff Regulations shall apply by analogy. Leave on personal grounds shall not extend beyond the term of the contract. Article 17 of the Conditions of Employment of Other Servants shall not apply. deleted
Amendment  35 Proposal for a regulation – amending act Article 2 – point 13 Conditions of Employment of Other Servants of the European Communities Article 121
Text proposed by the Commission Amendment As regards social security, the institution shall be responsible for the employer's share of the social security contributions under current regulations in the place where the servant is to perform his duties, unless the seat agreement provides otherwise. The institution may set up an autonomous or complementary system of social security for countries where coverage by the local system either does not exist or is insufficient. As regards social security, the institution shall be responsible for the employer's share of the social security contributions under current regulations in the place where the servant is to perform his duties, unless the seat agreement provides otherwise. The institution shall set up an autonomous or complementary system of social security for countries where coverage by the local system either does not exist or is insufficient.
Amendment  36 Proposal for a regulation – amending act Article 3 – paragraph 1
Text proposed by the Commission	Amendment
1. Officials and temporary staff occupying a post in an organisational entity which is transferred from the General Secretariat of the Council or the Commission to the European External Action Service (EEAS) pursuant to the Council Decision adopted in accordance with Article 27(3) of the Treaty on European Union shall be deemed to be transferred to the EEAS from the relevant institutions at the date fixed in that Decision. This shall also apply to contract and local staff assigned to such an organisational entity, for whom the conditions of the contract shall remain unchanged.	1. Officials and temporary staff occupying a post in an organisational entity which is transferred from the General Secretariat of the Council or the Commission to the European External Action Service (EEAS) pursuant to Council Decision 2010/427/EU shall be deemed to be transferred to the EEAS from the relevant institutions at the date fixed in that Decision. This shall apply mutatis mutandis to contract and local staff assigned to such an organisational entity, for whom the conditions of the contract shall remain unchanged. The Appointing Authority of the Council or of the Commission, as the case may be, shall inform in advance the staff concerned by this transfer.
Where a part of an organisational entity is transferred and the officials and other servants assigned to that part of the entity cannot be automatically identified, the Council or the Commission, as the case may be, shall take a decision on the transfer of the staff in agreement with the High Representative and after hearing the officials and other servants potentially concerned.
Amendment  37 Proposal for a regulation – amending act Article 3 – paragraph 2
Text proposed by the Commission	Amendment
2. At the request of the persons concerned, the contracts of temporary staff from national diplomatic services of the Member States who were engaged after 30 November 2009 and who occupy a post in an organisational entity which is transferred from the General Secretariat of the Council or the Commission to the EEAS pursuant to the Council Decision adopted in accordance with Article 27(3) of the Treaty on European Union shall be transformed, without a new selection procedure, into contracts under Article 2(e) of the Conditions of Employment of Other Servants. For the rest, the conditions of the contract shall remain unchanged. The request must be made within one year after the date of transfer as fixed in the Council Decision adopted in accordance with Article 27(3) of the Treaty on European Union.	2. With the agreement of the High Representative and of the national diplomatic service concerned, the contracts of temporary staff from national diplomatic services of the Member States who were engaged, or whose contract was amended, after 30 November 2009 and who occupy a post in an organisational entity which is transferred from the General Secretariat of the Council or the Commission to the EEAS pursuant to Council Decision 2010/427/EU shall be transformed, without a new selection procedure, into contracts under Article 2(e) of the Conditions of Employment of Other Servants. For the rest, the conditions of the contract shall remain unchanged.
Amendment  38 Proposal for a regulation – amending act Article 3 – paragraph 2 a (new)
Text proposed by the Commission	Amendment
	2a. Until 30 June 2013 and by way of derogation from Article 7 of the Staff Regulations, officials and other servants of the General Secretariat of the Council or of the Commission exercising technical support functions for the EEAS may, after having been heard, be transferred to the EEAS by common agreement of the institutions concerned, in full respect of the prerogatives of the budgetary authority. This transfer shall take effect on the date determined in the relevant budgetary decision providing for the corresponding posts and appropriations in the EEAS.
Amendment  39 Proposal for a regulation – amending act Article 3 – paragraph 2 b (new)
Text proposed by the Commission	Amendment
	(2b) In accordance with Article 27 of the Staff Regulations and Articles 12(1), first subparagraph, and 82 of the Conditions of Employment of Other Servants, recruitment or engagement shall be directed to securing for the EEAS the services of officials and temporary staff of the highest standard of ability, efficiency and integrity, recruited on the broadest possible geographical basis from among nationals of Member States of the Union. This shall apply to the EEAS as a whole and to its different staff components, including temporary staff referred to in Article 2(e) of the Conditions of Employment of Other Servants. In addition, the staff of the EEAS shall comprise an appropriate and meaningful presence of nationals from all the Member States1.
	____________________ 1 Statement from the High Representative on geographical balance in the EEAS: "The High Representative attaches the highest importance to the recruitment on the broadest possible geographical basis from among the nationals of the Member States of the Union, as well as to ensuring an appropriate and meaningful presence of nationals from all Member States in the Service. The EEAS should profit fully from the diversity and wealth of experience and expertise developed in the various Foreign Services in the Union. The High Representative will use all the possibilities offered in the application of the EEAS appointment procedure to achieve these objectives. She will dedicate a section on the issue in her yearly report on the occupation of posts in the EEAS."
Amendment  40 Proposal for a regulation – amending act Article 3 – paragraph 2 c (new)
Text proposed by the Commission	Amendment
	2c. In accordance with Article 1d(2) and (3) of the Staff Regulations, the High Representative shall take appropriate measures for promoting equal opportunities for the under-represented gender in certain function groups, more particularly in function group AD1.
	____________________ 1 Statement from the High Representative on gender balance in the EEAS: "The High Representative attaches the highest importance to the promotion of gender balance in the staffing of the EEAS. A key to the promotion of gender balance is the encouragement of applications from women for posts in the EEAS and the removal of barriers in this respect. On the basis of the experience of the appointment procedure for the 2010 rotation of Heads of Delegation, the EEAS will examine how to take the often non-linear patterns of female application better into account in future appointment procedures and how to remove other possible obstacles. The High Representative will also identify best practices from national diplomatic services and apply them whenever possible to the EEAS. The High Representative will make full use of all the possibilities offered by Articles 1d(2) and (3) of the Staff Regulation in promoting the employment of women in the Service. The High Representative will dedicate a section on the issue of gender balance in her yearly report on the occupation of posts in the EEAS."
Amendment  41 Proposal for a regulation – amending act Article 3 – paragraph 3
Text proposed by the Commission	Amendment
3. In order to guarantee adequate representation of staff from national diplomatic services in the EEAS, the High Representative of the Union for Foreign Affairs and Security Policy and Vice-President of the Commission may decide that, by derogation from Article 98(1) of the Staff Regulations, priority may be given until 30 June 2013 for certain posts in function group AD in the EEAS to candidates from national diplomatic services of the Member States in case of substantially equal qualifications.	3. In order to guarantee adequate representation of staff from national diplomatic services in the EEAS, the High Representative shall decide that, by way of derogation from Articles 29 and 98(1), first subparagraph, of the Staff Regulations, priority may be given until 30 June 2013 for certain posts in function group AD in the EEAS to candidates from national diplomatic services of the Member States in the case of equivalent qualifications.
Amendment  42 Proposal for a regulation – amending act Article 3 a (new)
Text proposed by the Commission	Amendment
	Article 3a By mid-2013, the High Representative shall submit a report to the European Parliament, the Council and the Commission on the implementation of this Regulation, with a particular emphasis on gender and geographical balance of staff within the EEAS.

• [1]  OJ L 201, 3.8.2010, p. 30.

OPINION of the Committee on Foreign Affairs (30.9.2010)

for the Committee on Legal Affairs

on the proposal for a regulation of the European Parliament and of the Council amending the Staff Regulations of Officials of the European Communities and the Conditions of Employment of Other Servants of the European Communities
(COM(2010)0309 – C7‑0146/2010 – 2010/0171(COD))

Rapporteur: Jacek Saryusz-Wolski

SHORT JUSTIFICATION

The amendments contained in this opinion set themselves along the path defined by the European Parliament Legislative Resolution of 8 July 2010 on the proposal for a Council decision establishing the organisation and functioning of the European External Action Service and confirm the overall legal framework defined in such decision with a view to ensuring a coherent, efficient, independent and truly European External Action Service defined and built in full compliance with the Community method. The amendments contained in this opinion pursue three important objectives: (i) providing an operational framework, which can ensure the full independence and loyalty of EEAS staff in the fulfilment of their tasks, in particular as far as staff coming from national diplomatic services are concerned, as they should not be "double-hatted", i.e., respond to both the High Representative and the hierarchy of their national diplomatic service of origin, but they should function solely under the instructions and responsibility of the High Representative, as their appointing authority; (ii) signifying to the High Representative - who, in accordance with Article 6(12) of the Council Decision establishing the EEAS bears the competence to take appropriate measures to provide EEAS staff with adequate common training, building in particular on existing national and EU practices and structures within the year following the entry into force of such Decision - a highly valuable system of training and professional development aimed at creating a true esprit de corps amongst EEAS staff and bringing to bear the northern, eastern and southern academic and research dimensions of the EU; and (iii) ensuring adequate geographical representativity and gender balance in the composition of EEAS staff. To this ends, the amendments contained in this opinion restate the core elements of the Decision establishing the EEAS, such as, e.g. the fundamental need for equal treatment and career opportunities for all EEAS staff, or the need to ensure at the earliest convenience the possibility for officials of EU institutions other than the Council and the Commission, in particular officials of the European Parliament, to apply for vacant posts in the EEAS. At the same time, these amendments bring to bear and further define specific aspects contained both in the legislative resolution accompanying the Decision establishing the EEAS and in the Decision itself. In this regard the statement contained in Paragraph 7 of that resolution that "the additional specific measures envisaged in Article 6(6) of the Council Decision for the strengthening of the geographical representativity and gender balance should include, as regards geographical representativity, measures analogous to those provided for in Council Regulation (EC, Euratom) No 401/2004", if the nationals of one or more Member States should be underrepresented in the EEAS, has now been further substantiated through the explicit provision for the High Representative to resort to the Kinnock reference value defined in view of the 2004 enlargement and adopt special temporary measures - including opening both internal and external competitions reserved only to nationals of those Member States, which may be underrepresented - that depart from the Staff Regulations and are aimed at fully redressing an adequate geographical representativity. The fact that EEAS staff will be subject to the Staff Regulations, as far as officials of the EU are concerned, and the Conditions of employment, as far as staff coming from national diplomatic services, temporary agents and contract staff are concerned, entails the need, where appropriate, that the same amendment be tabled twice, once to ensure its proper reflection in the Staff Regulations, and hence its application to EU Officials, and once to ensure its proper reflection in the Conditions of Employment, and hence its application to EEAS staff coming from national diplomatic services, temporary agents and contract staff.

AMENDMENTS

The Committee on Foreign Affairs calls on the Committee on Legal Affairs, as the committee responsible, to incorporate the following amendments in its report:

Amendment  1 Proposal for a regulation – amending act Recital 1
Text proposed by the Commission	Amendment
(1) According to Article 27 of the Treaty on European Union, the High Representative of the Union for Foreign Affairs and Security Policy is to be assisted by a European External Action Service (EEAS). This service is to work in cooperation with the diplomatic services of the Member States and is to comprise officials from relevant departments of the General Secretariat of the Council and of the Commission as well as staff seconded from national diplomatic services of the Member States.	(1) According to Article 27(3) of the Treaty on European Union, the High Representative of the Union for Foreign Affairs and Security Policy is to be assisted by a European External Action Service (EEAS). This service is to work in cooperation with the diplomatic services of the Member States and is to comprise officials from relevant departments of the General Secretariat of the Council and of the Commission as well as staff coming from the national diplomatic services of the Member States.
Justification
The terminology used in the Regulation amending the Staff Regulations and the Conditions of Employment should be consistent with that of the Council Decision establishing the organisation and functioning of the European External Action Service. In particular, the term "seconded" should only be used in connection with "Specialised seconded national experts" referred to in Recital 12 and Article 6(3) of such Decision. These should be limited in number and should not be counted in the one third which staff from Member States should represent when the EEAS will reach its full capacity.
Amendment  2 Proposal for a regulation – amending act Recital 1 a (new)
Text proposed by the Commission	Amendment
	(1a) The EEAS is to form part of the Union's open, efficient and independent European administration, as provided for in Article 298 of the Treaty on the Functioning of the European Union.
Justification
In agreement with the JURI Rapporteur. The amendment underscores the nature of the EEAS as part of an independent European civil service.
Amendment  3 Proposal for a regulation – amending act Recital 1 b (new)
Text proposed by the Commission	Amendment
	(1b) When the EEAS has reached its full capacity, permanent officials of the Union should represent, in accordance with Article 6(9) of Council Decision 2010/427/EU of 26 July 2010 establishing the organisation and functioning of the European External Action Service1, at least 60% of all EEAS staff at AD level, and this should be reflected in all grades within the EEAS hierarchy.
	___________________ 1 OJ L 201, 3.8.2010, p. 30.
Amendment  4 Proposal for a regulation – amending act Recital 1 c (new)
Text proposed by the Commission	Amendment
	(1c) The notion of a European administration requires, as a fundamental principle, adequate geographical representativity and gender balance as far as the staff is concerned. Recruitment for posts in the EEAS, whilst being based on merit, should comprise an adequate presence at all levels of nationals from all the Member States. An adequate gender balance at all levels should also be ensured. When, in the future, the EEAS will organise competitions for recruitment for the EEAS, candidates on EPSO reserve lists for employment with the EEAS should have priority when vacant posts are filled.
Justification
It should be clear that the notion of a European administration entails as a prerequisite the need for the European External Action Service to be truly representative of all Member States of the European Union and the European Union citizens and, as such, be characterised by an adequate geographical representativity and gender balance.
Amendment  5 Proposal for a regulation – amending act Recital 1 d (new)
Text proposed by the Commission	Amendment
	(1d) Paragraph 7 of the European Parliament legislative resolution of 8 July 2010 on the proposal for a Council decision establishing the organisation and functioning of the European External Action Service states that additional specific measures envisaged in Article 6(6) of the Council Decision for the strengthening of the geographical representativity, institutional balance and gender balance should include, as regards geographical representativity, measures analogous to those provided for in Council Regulation (EC, Euratom) No 401/2004.
Justification
As specified in Paragraph 7 of the European Parliament legislative resolution of 8 July 2010 on the proposal for a Council decision establishing the organisation and functioning of the EEAS, it should be clear that the notion of a European administration entails as a prerequisite the need for the European External Action Service to be truly representative of all Member States of the European Union and the European Union citizens and, as such, be characterised by an adequate geographical representativity and gender balance.
Amendment  6 Proposal for a regulation – amending act Recital 1 e (new)
Text proposed by the Commission	Amendment
	(1e) In consideration of the current under-representation of certain Member States in the Commission's Directorate-General for External Relations, with the ensuing risk that this may continue to apply to the EEAS as well, temporary measures should be introduced and remain in force at least until 31 December 2020.
Justification
The European External Action Service must be truly representative of all Member States of the European Union and the European Union citizens and, as such, be characterised by an adequate geographical representativity and gender balance. The current underrepresentation of certain Member States in the Directorate General External Relations of the European Commission justifies the provision of long term special measures to ensure that such unbalance will not characterise the EEAS as well.
Amendment  7 Proposal for a regulation – amending act Recital 1 f (new)
Text proposed by the Commission	Amendment
	(1f) The staff members of the EEAS should carry out their duties and conduct themselves solely with the interests of the Union in mind. They should neither seek nor take instructions from any Government, authority, organisation or person outside the EEAS or any body or person other than the High Representative for Foreign Affairs and Security Policy. They may not accept any payments of any kind whatsoever from any other source outside the EEAS.
Justification
To ensure consistency with the Council Decision establishing the organisation and functioning of the European External Action Service and to reassert that regardless of whether EEAS staff comes from the European Union administration or from the national diplomatic services of the Member States, they should respond to the High Representative only.
Amendment  8 Proposal for a regulation – amending act Recital 3 a (new)
Text proposed by the Commission	Amendment
	(3a) All members of the staff of the EEAS covered by the Staff Regulations and the Conditions of Employment of Other Servants should have the same rights and obligations, regardless of whether they are officials of the European Union or temporary agents coming from the national diplomatic services of the Member States, and should be treated equally, in particular as concerns eligibility to assume all positions within the EEAS under equivalent conditions. No distinction should be made between temporary agents coming from national diplomatic services and officials of the European Union as regards the assignment of duties to be performed in all areas of activities and policies implemented by the EEAS.
Justification
Equality of rights and obligations and career perspectives is crucial in ensuring a coherent and independent EEAS.
Amendment  9 Proposal for a regulation – amending act Recital 5
Text proposed by the Commission	Amendment
(5) For the avoidance of doubt, it should be confirmed that officials and temporary staff occupying a post in an organisational entity which is transferred from the General Secretariat of the Council or the Commission to the EEAS pursuant to the Council Decision referred to in Article 27(3) of the Treaty on European Union are deemed to be transferred with the post. This should also apply to contract and local staff assigned to such an organisational entity. Specific measures should be taken to ensure that the staff concerned by the transfer receive appropriate career guidance and assistance.	(5) For the avoidance of doubt, it should be confirmed that officials and temporary staff occupying a post in an organisational entity which is transferred from the General Secretariat of the Council or the Commission to the EEAS pursuant to the Council Decision referred to in Article 27(3) of the Treaty on European Union are deemed to be transferred with the post. This should also apply to contract and local staff assigned to such an organisational entity.
Justification
Whilst it is for the VP/HR to take appropriate measures to ensure a common training for the EEAS in accordance with Article 6(12) of the Council Decision a dedicated recital on such important issues seems most appropriate.
Amendment  10 Proposal for a regulation – amending act Recital 5 a (new)
Text proposed by the Commission	Amendment
	(5a) EEAS staff should be provided with adequate common European professional development and training, aimed at creating a common sense of belonging and a common allegiance (esprit de corps) and building in particular on existing Union practices and structures. The High Representative, in cooperation with the Commission, in particular its Vice-President for inter-institutional relations and administration, and in consultation with the European Parliament should take appropriate measures to that effect within the year following the entry into force of Council Decision ..../... of ... establishing the organisation and functioning of the European External Action Service. To that end, European academic centres of excellence which have a long-standing tradition of assisting the Union institutions and an established record of education, research and analysis of Union law and policies, such as the College of Europe in Bruges and Natolin and the European University Institute in Florence, would, in consultation with the EEAS, define the training system for EEAS staff. Moreover, they would, on the basis of the objectives set by the EEAS, put into use the existing potential of competences of diplomatic schools of the Member States. This should lead, in a second phase, after sufficient experience has been gained, to the creation of a European Diplomatic Academy.
Justification
A training system based on European centres of excellence such as the College of Europe, at Bruges and Natolin, and the European University Institute, in Florence, and the diplomatic schools of the Member States would bring to bear the northern (Bruges), eastern (Natolin) and southern (Florence) academic and research dimensions of the EU and would maintain the possibility to continue to resort, in a coordinated and streamlined way, to the training centres of the national diplomatic services as a highly valuable resource.
Amendment  11 Proposal for a regulation – amending act Recital 7
Text proposed by the Commission	Amendment
(7) In order to take account of specific situations in a flexible manner (for example an urgent need to fill a post or future transfers of support tasks from the Council or the Commission to the EEAS), a transfer of officials in the interests of the service, that is without prior publication of the vacant post, from the Council or the Commission to the EEAS should also be made possible in exceptional cases. Similarly, it should be possible to transfer officials in the interest of the service from the EEAS to the Council or the Commission.	(7) In order to take account of specific situations in a flexible manner (for example an urgent need to fill a post or future transfers of support tasks from the Council or the Commission to the EEAS), a transfer of officials in the interests of the service, that is without prior publication of the vacant post, from the Council or the Commission to the EEAS should also be made possible in duly justified exceptional cases. Similarly, it should be possible to transfer officials in the interest of the service from the EEAS to the Council or the Commission.
Amendment  12 Proposal for a regulation – amending act Recital 8 a (new)
Text proposed by the Commission	Amendment
	(8a) In view of the European Parliament's relevant role and competences with regard to the definition of the objectives and basic choices of the Common Foreign and Security Policy and in consideration of Parliament's fundamental role as budgetary authority and its role of democratic scrutiny, officials from the European Parliament should be able to apply for posts in the EEAS at the earliest convenience.
Amendment  13 Proposal for a regulation – amending act Recital 11 a (new)
Text proposed by the Commission	Amendment
	(11a) The EEAS may, in specific cases, have recourse to a limited number of highly specialised seconded national experts (SNEs), seconded with a view to their performing specific tasks on the basis of a detailed job description, over whom the High Representative should have authority and whose secondment should not be counted in the one third which staff from Member States should represent when the EEAS will reach its full capacity.
Justification
To ensure consistency with the Council Decision establishing the organisation and functioning of the European External Action Service. It would seem essential to clarify the position of SNEs in the EEAS in the legislation on staff matters.
Amendment  14 Proposal for a regulation – amending act Article 1 – point 9 Staff Regulations of Officials of the European Communities Title VIII a – Article 95 – paragraph 2
Text proposed by the Commission Amendment 2. However, in respect of Heads of Delegation, the powers concerning appointments shall be exercised on the basis of a list of candidates on which the Commission has agreed within the framework of the powers that the Treaties confer on it. This shall apply mutatis mutandis to transfers in the interests of the service. 2. However, in respect of Heads of Delegation, the powers concerning appointments shall be exercised using a thorough selection procedure based on merit and the guarantee of an adequate geographical representativity, institutional balance and gender balance, on the basis of a list of candidates on which the Commission has agreed within the framework of the powers that the Treaties confer on it.
Justification
In agreement with the JURI Rapporteur. Clarification of the procedure and that the second sentence does not only apply to all transfers in the interests of the service, but only to those of Heads of Delegation.
Amendment  15 Proposal for a regulation – amending act Article 1 – point 9 Staff Regulations of Officials of the European Communities Title VIII a – Article 96 – paragraph 2
Text proposed by the Commission Amendment An EEAS official who has to carry out tasks for the Commission as part of his duties shall take instructions from the Commission with regard to those tasks. In areas where the Commission exercises the powers conferred upon it by the Treaties, the Commission may, in accordance with Article 221(2) of the Treaty on the Functioning of the European Union, also issue instructions to delegations, which shall be executed under the overall responsibility of the Head of Delegation. The Commission and the EEAS shall agree on modalities relating to the issue of instructions from the Commission to delegations. These should provide, in particular that, when the Commission issues instructions to Heads of Delegation, it will simultaneously provide a copy of those instructions to the EEAS central administration.
Justification
To ensure consistency with the Council Decision establishing the organisation and functioning of the European External Action Service.
Amendment  16 Proposal for a regulation – amending act Article 1 – point 9 Staff Regulations of Officials of the European Communities Title VIII a – Article 96 – paragraph 3
Text proposed by the Commission Amendment The modalities for implementing this Article shall be agreed between the Commission and the EEAS. deleted
Justification
As a consequence of Amendment 15.
Amendment   17 Proposal for a regulation – amending act Article 1 – point 9 Staff Regulations of Officials of the European Communities Title VIII a – Article 97
Text proposed by the Commission Amendment Under the conditions set out in Article 7(1) and notwithstanding Articles 4 and 29, the Appointing Authorities of the institutions concerned may in exceptional cases, acting by common agreement and solely in the interests of the service, after having heard the official concerned, transfer him from the Council or the Commission to the EEAS without notifying the staff of the vacant post. An EEAS official may be transferred to the Council or the Commission under the same conditions. Under the conditions set out in Article 7(1), notwithstanding Articles 4 and 29 and for a period of one year after the entry into force of this Regulation, the Appointing Authorities of the institutions concerned may, on the basis of a duly justified decision and in exceptional cases, acting by common agreement and solely in the interests of the service, after having heard the official concerned, transfer him from the Council or the Commission to the EEAS without notifying the staff of the vacant post. An EEAS official may be transferred to the Council or the Commission under the same conditions.
Justification
In agreement with the JURI Rapporteur. This derogation is necessary only in the start-up period; it should therefore be time-limited.
Amendment  18 Proposal for a regulation – amending act Article 1 – point 9 Staff Regulations of Officials of the European Communities Title VIII a – Article 98 – paragraph 1 – subparagraph 1
Text proposed by the Commission Amendment 1. For the purposes of Article 29(1)(a) and without prejudice to Article 97, when filling a vacant post in the EEAS, the Appointing Authority shall consider the applications of officials of the Council, the Commission and the EEAS, of temporary staff to whom Article 2(e) of the Conditions of Employment of Other Servants applies and of staff from the national diplomatic services of the member States without giving priority to any of these categories. 1. For the purposes of Article 29(1)(a) and without prejudice to Article 97, when filling a vacant post in the EEAS, the Appointing Authority shall consider the applications of officials of the Council, the Commission and the EEAS, of temporary staff to whom Article 2(e) of the Conditions of Employment of Other Servants applies and of staff from the national diplomatic services of the member States without giving priority to any of these categories. In accordance with Article 27 of these Staff Regulations and the first subparagraph of Article 12(1) of the Conditions of Employment of Other Servants, recruitment shall be directed to securing for the institution the services of officials and temporary staff of the highest standard of ability, efficiency and integrity, recruited on the basis of geographical representativity, whilst ensuring institutional balance and gender balance. This obligation shall apply to the EEAS as a whole and to its different staff components, including temporary staff referred to in Article 2(e) of the Conditions of Employment of Other Servants.
Amendment  19 Proposal for a regulation – amending act Article 1 – point 9 Staff Regulations of Officials of the European Communities Title VIII a – Article 98 – paragraph 1 – subparagraph 2
Text proposed by the Commission Amendment From a date fixed by the High Representative of the Union for Foreign Affairs and Security Policy and Vice-President of the Commission, but at the latest from 1 July 2013, the Appointing Authority shall also consider the applications of officials from other institutions without giving priority to any of these categories. From a date fixed by the High Representative of the Union for Foreign Affairs and Security Policy and Vice-President of the Commission, but at the latest from 1 January 2012, the Appointing Authority shall also consider the applications of officials from other institutions who are subject to the same Staff Regulations and Conditions of Employment as EEAS under the same conditions, without giving priority to any of these categories.
Justification
In agreement with the JURI Rapporteur. After Lisbon the list of institutions (Art. 13 TEU) comprises the ECB too, which, however, applies its own Staff Regulations (built along the lines of the Staff Regulations of Officials of the European Communities, but often with different conditions) and has a different, simplified system of recruitment and contracts. It should be specified that only officials to whom the same Staff Regulations apply, under the same conditions, should be considered as candidates for the EEAS.
Amendment  20 Proposal for a regulation – amending act Article 1 – point 9 Staff Regulations of Officials of the European Communities Title VIII a – Article 98 – paragraph 1 a (new)
Text proposed by the Commission Amendment   1a. In considering the applications, the Appointing Authority shall implement the objective of an adequate geographical representativity, institutional balance and gender balance. Given the exceptional nature of the situation and the forecasted future general needs, competitions should be held for the recruitment of officials from under-represented Member States until 31 December 2020, in order to ensure respect for the principles stated in Article 27 of these Staff Regulations, including recruitment on the broadest possible geographical basis.   In considering the applications, the Appointing Authority shall always, in accordance with Article 6(9) of Council Decision 2010/427/EU, observe the principle that permanent officials of the Union are to represent at least 60% of all EEAS staff, and that this is to be reflected in all grades within the EEAS hierarchy.
Amendment  21 Proposal for a regulation – amending act Article 1 – point 9 Staff Regulations of Officials of the European Communities Title VIII a – Article 98 a (new)
Text proposed by the Commission Amendment   Article 98a   A Consultative Committee on Appointment (CCA), composed of representatives of the Member States, the Commission, the General Secretariat of the Council and the European Parliament, shall provide advice to the High Representative of the Union for Foreign Affairs and Security Policy /Vice-President of the Commission on recruitment matters in the EEAS. The CCA shall monitor selection procedures at all levels in the EEAS and the development of EEAS staffing, particularly with regard to the objective of an adequate gender and geographical balance.
Justification
In agreement with the JURI Rapporteur. A transparent and objective procedure should apply for recruitment to the EEAS, using existing practices with appropriate modifications.
Amendment  22 Proposal for a regulation – amending act Article 1 – point 9 Staff Regulations of Officials of the European Communities Title VIII a – Article 98 b (new)
Text proposed by the Commission Amendment   Article 98b   With a view to ensuring that all members of the EEAS staff are treated equally, regardless of whether they come from the European Union's administration or the national diplomatic services of the Member States, in particular as regards eligibility to assume all positions and responsibilities within the EEAS under equivalent conditions, the High Representative of the Union for Foreign Affairs and Security Policy and Vice-President of the Commission, as appointing authority, shall draw up a table of equivalence between EU administrative grades, in particular at AD level, and the diplomatic seniority titles in order to ensure that, at the time of their recruitment, staff originating from Member States are graded in a way which is commensurate with average seniority for that specific grade.
Justification
With the new grading system for ADs it takes between 9 to 12 years for an official to become AD 8. In the Classification on the diplomatic list used by the Commission, AD 8 corresponds to the diplomatic title of First Secretary. Often in the national diplomatic services only 3 to 5 years of experience are required to acquire such ranking. The same difference in time applies to higher rankings too, with the career path for ADs being much longer in comparison to national diplomats. A new table based on a comparative analysis of seniority would ensure full equality and equal career prospects and responsibilities for all EEAS staff.
Amendment  23 Proposal for a regulation – amending act Article 1 – point 9 Staff Regulations of Officials of the European Communities Title VIII a – Article 98 c (new)
Text proposed by the Commission Amendment   Article 98c   When the EEAS has reached its full capacity, staff coming from the national diplomatic services of the Member States shall represent at least one third of all EEAS staff at AD level. Likewise, permanent EU officials shall represent at least 60% of all EEAS staff at AD level.
Justification
To ensure consistency with the Council Decision establishing the organisation and functioning of the European External Action Service.
Amendment  24 Proposal for a regulation – amending act Article 1 – point 9 Staff Regulations of Officials of the European Communities Title VIII a – Article 98 d (new)
Text proposed by the Commission Amendment   Article 98d   The annual report on the occupation of posts in the EEAS which is to be presented by the High Representative of the Union for Foreign Affairs and Security Policy and Vice-President of the Commission to the European Parliament and the Council pursuant to Article 6(9) of Council Decision 2010/427/EU shall contain a breakdown of all staff by their temporary or permanent status, nationality and gender, according to AD/AST function groups, occupied grades and positions. Any divergences from the minimum 60% threshold and the geographical representativity established as objectives by Council Decision 2010/427/EU are to be corrected within one year, including through the application of additional measures.
Amendment  25 Proposal for a regulation – amending act Article 1 – point 9 Staff Regulations of Officials of the European Communities Title VIII a – Article 98 e (new)
Text proposed by the Commission Amendment   Article 98e   Notwithstanding the provisions of the second and third paragraphs of Article 4, Article 7(1), the second paragraph of Article 27 and points (a), (b) and (c) of Article 29(1) of these Staff Regulations, until 31 December 2020 vacant posts shall be filled, in line with indicative recruitment targets defined in accordance with the Kinnock Reference Value1, by the appointment of nationals of under-represented Member States. Appointments shall be made for all grades of the AD function group, following internal and external competitions on the basis of both qualifications and tests organised as specified in Annex III to these Staff Regulations. ____________ 1 Adequate indicative recruitment targets per Member State representing the average of the relative value of the three criteria (expressed as a percentage): (1) number of inhabitants, (2) number of European Parliament seats, and (3) weight of votes in the Council (C(2003)0436).
Justification
As specified in Paragraph 7 of the European Parliament legislative resolution of 8 July 2010 on the proposal for a Council decision establishing the organisation and functioning of the European External Action Service, there should be a system analogous to that introduced by Council Regulation (EC, Euratom) No 401/2004 to redress geographical imbalance.
Amendment  26 Proposal for a regulation Article 1 – point 9 Staff Regulations of Officials of the European Communities Title VIII a – Article 99 a (new)
Text proposed by the Commission Amendment   Article 99a   Before taking up their duties, and as appropriate thereafter, all EEAS staff members at AD level shall receive common training. For this purpose, a European Diplomatic Academy shall be created. The Academy shall cooperate closely with appropriate bodies in the Member States and the European Security and Defence College, integrating the latter after a transitional period. Its training shall be based on uniformly harmonised curricula and shall include, as appropriate, training in consular and legation procedures, diplomacy, conflict mediation and international relations, together with knowledge of the history and functioning of the European Union. The Academy shall also train staff of CSDP missions and shall be open, as appropriate, to other staff working for the European Union or Member States.
Amendment  27 Proposal for a regulation – amending act Article 2 – point 5 – point b Conditions of Employment of Other Servants Article 2 – point e
Text proposed by the Commission Amendment '(e) staff seconded from national diplomatic services of the Member States engaged to fill temporarily a permanent post in the EEAS.' '(e) staff coming from national diplomatic services of the Member States engaged to fill temporarily a permanent post in the EEAS.'
Justification
The terminology used in the Regulation amending the Staff Regulations and the Conditions of Employment should be consistent with that of the Council Decision establishing the organisation and functioning of the European External Action Service. In particular, the term "seconded" should only be used in connection with "Specialised seconded national experts" referred to in Recital 12 and Article 6(3) of such Decision. These should be limited in number and should not be counted in the one third which staff from Member States should represent when the EEAS will reach its full capacity.
Amendment  28 Proposal for a regulation – amending act Article 2 – point 6 Conditions of Employment of Other Servants Article 3 a – paragraph 1 – subparagraph 1 a
Text proposed by the Commission Amendment 6. In the first paragraph of Article 3a, the following subparagraph shall be added: deleted 'Staff engaged for the performance of full-time or part-time duties in Union delegations may be temporarily assigned to the seat of the institution under the mobility procedure set out in Articles 2 and 3 of Annex X to the Staff Regulations.'
Justification
In agreement with the JURI Rapporteur. It is inconsistent with the principles of loyalty and sound management to have contract staff assigned to the seat of the EEAS where they have been specifically engaged to work in delegations. It constitutes a widening of the possibility to employ contract staff that is incompatible with the independence of the European Union's civil service.
Amendment  29 Proposal for a regulation – amending act Article 2 – point 7 Conditions of Employment of Other Servants Article 3 a – paragraph 1 – subparagraph 1 a
Text proposed by the Commission Amendment 7. In Article 3b, the second paragraph shall be replaced by the following: deleted 'Except in the cases referred to in the second subparagraph of Article 3a(1), the use of contract staff for auxiliary tasks is excluded where Article 3a applies.'
Justification
In agreement with the JURI Rapporteur. It is inconsistent with the principles of loyalty and sound management to have contract staff assigned to the seat of the EEAS where they have been specifically engaged to work in delegations. It constitutes a widening of the possibility to employ contract staff that is incompatible with the independence of the European Union's civil service.
Amendment  30 Proposal for a regulation – amending act Article 2 - point 10 Conditions of Employment of Other Servants Chapter 10 – Article 50 b – paragraph 1
Text proposed by the Commission Amendment 1. Staff from national diplomatic services of the Member States who were selected under the procedure laid down in Article 98(1) of the Staff Regulations and who are seconded by their national diplomatic services shall be engaged as temporary staff under Article 2(e). 1. Staff coming from the national diplomatic services of the Member States who were selected under the procedure laid down in Article 98(1) of the Staff Regulations shall be engaged as temporary staff under Article 2(e). The administrative grade granted to selected candidates coming from national diplomatic services of Member States should be the grade to which the years of seniority and the number of promotions in the national diplomatic service of origin entitle them on the basis of the promotion system applicable to EU officials.
Justification
The terminology used in the Regulation amending the Staff Regulations and Conditions of Employment should be consistent with the Council Decision establishing the EEAS. The term "seconded" should only be used for specialised seconded national experts. Staff of the EEAS regardless of their origin should be able to aspire to same career prospects.
Amendment  31 Proposal for a regulation – amending act Article 1 – point 9 Conditions of Employment of Other Servants Article 50 b a (new)
Text proposed by the Commission Amendment   Article 50ba   With effect from 2012, the High Representative, as appointing authority for the EEAS, shall present a yearly report to the European Parliament and the Council on the occupation of posts in the EEAS, the level of compliance with the requirement laid down by Article 6(9) of Council Decision .../... of ... establishing the organisation and functioning of the European External Action Service as to the composition of EEAS staff, and the breakdown of such staff by nationality and gender according to AD/AST function groups, occupied grades and positions.
Justification
Parliament and Council as co-legislators for the modifications required to the Staff Regulations and the Conditions of Employment in connection with the setting-up of the EEAS should be kept abreast on the implementation and effectiveness of such modifications with particular reference to the compliance with the numerical thresholds set in the Council Decision and the objective of an adequate geographical representativity and gender balance in the staff of the EEAS.
Amendment  32 Proposal for a regulation – amending act Article 2 – point 10 Conditions of Employment of Other Servants Chapter 10 – Article 50 b b (new)
Text proposed by the Commission Amendment   Article 50bb   With a view to ensuring that all members of the EEAS staff are treated equally, regardless of whether they come from the European Union's administration or the national diplomatic services of the Member States, in particular as regards eligibility to assume all positions and responsibilities within the EEAS under equivalent conditions, the High Representative of the Union for Foreign Affairs and Security Policy and Vice-President of the Commission, as appointing authority, shall draw up a table of equivalence between EU administrative grades, in particular at AD level, and the diplomatic seniority titles in order to ensure that, at the time of their recruitment, staff originating from Member States are graded in a way which is commensurate with average seniority for that specific grade.
Justification
With the new grading system for ADs it takes between 9 to 12 years for an official to become AD 8. In the Classification on the diplomatic list used by the Commission, AD 8 corresponds to the diplomatic title of First Secretary. Often in the national diplomatic services only 3 to 5 years of experience are required to acquire such ranking. The same difference in time applies to higher rankings too, with the career path for ADs being much longer in comparison to national diplomats. A new table based on a comparative analysis of seniority would ensure full equality and equal career prospects and responsibilities for all EEAS staff.
Amendment  33 Proposal for a regulation – amending act Article 1 – point 9 Conditions of Employment of Other Servants Article 50 b c (new)
Text proposed by the Commission Amendment   Article 50 bc   Notwithstanding the provisions of the second and third paragraphs of Article 4, Article 7(1), the second paragraph of Article 27 and points (a), (b) and (c) of Article 29(1) of the Staff Regulations, until 31 December 2020 vacant posts shall be filled, in line with indicative recruitment targets defined in accordance with the Kinnock Reference Value1, by the appointment of nationals of under-represented Member States. Appointments shall be made for all grades of the AD function group, following internal and external competitions on the basis of both qualifications and tests organised as specified in Annex III to the Staff Regulations. _________________ 1Adequate indicative recruitment targets per Member State representing the average of the relative value of the three criteria (expressed as a percentage): (1) number of inhabitants, (2) number of European Parliament seats, and (3) weight of votes in the Council (C(2003)0436).
Justification
As specified in Paragraph 7 of the European Parliament legislative resolution of 8 July 2010 on the proposal for a Council decision establishing the organisation and functioning of the European External Action Service there should be a system analogous to that introduced by Council Regulation (EC, Euratom) No 401/2004 to redress geographical imbalance.
Amendment  34 Proposal for a regulation – amending act Article 2 – point 10 Conditions of Employment of Other Servants Article 50 bd
Text proposed by the Commission Amendment   Article 50bd   1. Staff coming from the national diplomatic services of the Member States shall be able to apply for vacant posts within their national diplomatic service of origin on an equal footing with internal candidates of that national diplomatic service.   2. Where the national diplomatic service of origin of EEAS temporary agents requires, for the purposes of internal organisational and human resources, a yearly staff report or an evaluation, the High Representative and the relevant national diplomatic service of origin shall agree on modalities for the automatic recognition and validity of the staff report or evaluation effected by the High Representative concerning all EEAS staff coming from such national diplomatic service.   3. Under no circumstances may yearly staff reports or evaluations of EEAS staff coming from national diplomatic services of the Member States be drawn up or carried out by the national diplomatic service of origin.
Justification
Staff coming from the national diplomatic services and serving in the EEAS should have the same career opportunities as staff serving in the national diplomatic service of origin. To ensure an independent EEAS, staff coming from the national diplomatic services and serving in the EEAS should not have to respond to the human resources of their national diplomatic service of origin by means of annual evaluations or staff reports. Only the VP/HR should be responsible for the evaluation of EEAS staff, regardless of their origin.

PROCEDURE

Title	Amendment of the Staff Regulations of Officials of the European Communities and the Conditions of Employment of Other Servants of those Communities
References	COM(2010)0309 – C7-0146/2010 – 2010/0171(COD)
Committee responsible	JURI
Opinion by        Date announced in plenary	AFET 23.6.2010
Rapporteur        Date appointed	Jacek Saryusz-Wolski 27.4.2010
Discussed in committee	20.9.2010
Date adopted	29.9.2010
Result of final vote	+: –: 0:	55 4 6
Members present for the final vote	Gabriele Albertini, Pino Arlacchi, Bastiaan Belder, Franziska Katharina Brantner, Frieda Brepoels, Elmar Brok, Michael Gahler, Ana Gomes, Andrzej Grzyb, Anna Ibrisagic, Anneli Jäätteenmäki, Ioannis Kasoulides, Tunne Kelam, Nicole Kiil-Nielsen, Maria Eleni Koppa, Paweł Robert Kowal, Wolfgang Kreissl-Dörfler, Eduard Kukan, Alexander Graf Lambsdorff, Vytautas Landsbergis, Krzysztof Lisek, Ulrike Lunacek, Mario Mauro, Kyriakos Mavronikolas, Francisco José Millán Mon, Alexander Mirsky, Annemie Neyts-Uyttebroeck, Norica Nicolai, Raimon Obiols, Ria Oomen-Ruijten, Pier Antonio Panzeri, Ioan Mircea Paşcu, Alojz Peterle, Hans-Gert Pöttering, Cristian Dan Preda, Fiorello Provera, Libor Rouček, José Ignacio Salafranca Sánchez-Neyra, Jacek Saryusz-Wolski, Adrian Severin, Ernst Strasser, Hannes Swoboda, Charles Tannock, Zoran Thaler, Inese Vaidere, Kristian Vigenin, Graham Watson
Substitute(s) present for the final vote	Laima Liucija Andrikienė, Kader Arif, Elena Băsescu, Malika Benarab-Attou, Véronique De Keyser, Andrew Duff, Evgeni Kirilov, Marietje Schaake, György Schöpflin, Konrad Szymański, Indrek Tarand, Traian Ungureanu, Ivo Vajgl
Substitute(s) under Rule 187(2) present for the final vote	Zigmantas Balčytis, Olle Ludvigsson, Marek Henryk Migalski, Antigoni Papadopoulou, Pavel Poc

OPINION of the Committee on Development (6.10.2010)

for the Committee on Legal Affairs

on the proposal for a regulation of the European Parliament and of the Council amending the Staff Regulations of Officials of the European Communities and the Conditions of Employment of Other Servants of the European Communities
(COM(2010)0309 – C7‑0146/2010 – 2010/0171(COD))

Rapporteur: Filip Kaczmarek

SHORT JUSTIFICATION

The rapporteur for opinion supports the amendments proposed in the draft report of the Committee on Legal Affairs, and in particular the amendments tending to ensure that recruitment of staff for the EEAS remains based on the objective and transparent procedures established in the Staff Regulations and the Conditions of Employment of Other Servants.

Furthermore, the Commission proposal is improved by the amendments proposed by the lead rapporteur which introduce the provisions for EEAS staff that were included in the political agreement reached on the EEAS in Madrid in June, especially those on gender and geographical balance and on the balance between staff originating from the EU institutions and from national diplomatic services. These amendments deserve support, as do the amendments aimed at opening EEAS posts to officials from Parliament and other institutions by 1 January 2012.

Your rapporteur has identified two cases - both important for the Union's development policy - where he feels the political agreement reached by the institutions on 21 June in Madrid has not been reflected sufficiently clearly in the text of the draft Council decision establishing the organisation and functioning of the EEAS, and where the Regulation amending the Staff Regulations should provide the necessary clarification.

AMENDMENTS

The Committee on Development calls on the Committee on Legal Affairs, as the committee responsible, to incorporate the following amendments in its report:

Amendment  1 Proposal for a regulation – amending act Article -1 (new)
Text proposed by the Commission	Amendment
	Article -1
	Definition
	For the purposes of this Regulation, the following definition shall apply:
	–"diplomatic service" shall mean any service of a Member State dealing with any aspect of that Member State's external action relevant to the work of the European External Action Service (EEAS), including its defence and security, development, environmental and other policies.
Justification
In the working groups on the EEAS there was agreement that the possibility should be created for Member State officials working in defence, development, environment, and any other policy areas under the remit of the EEAS, to work in that Service. As in many Member States officials working in other areas of external action remain outside their "diplomatic service" it is necessary to broaden the scope of “diplomatic service”.
Amendment  2 Proposal for a regulation – amending act Article 1 – point 9 Staff Regulations of Officials of the European Communities Title VIIIa – Article 96 – paragraph 2 a (new)
Text proposed by the Commission Amendment   This provision shall in particular apply to Article 9(3), (4) and (5) (concerning external action instruments and programming) of Council Decision 2010/427/EU of 26 July 2010 establishing the organisation and functioning of the European External Action Service1.   ________________________________ 1 OJ L 201, 3.8.2010, p. 30.
Justification
Article 9(3) of the Council decision states that the EEAS “shall have responsibility” for preparing Commission decisions on the three first stages of the programming cycle. Articles 9(4) and (5) provide that with regard to the EDF, the DCI and the ENPI, "any proposals (...) shall be prepared jointly by the relevant services in the EEAS and in the Commission under the responsibility of the Commissioner responsible for Development Policy.” Articles 1(3) and 6(4), however, determine that “the EEAS shall be placed under the authority of the High Representative” and that “the staff of the EEAS shall (...) neither seek nor take instructions from any government, authority, organisation or person outside the EEAS or from any body or person other than the High Representative.” The explicit clarification that the EEAS shall take instructions from the relevant Commissioners in the application of Article 9 is therefore absolutely necessary.

PROCEDURE

Title	Amendment of the Staff Regulations of Officials of the European Communities and the Conditions of Employment of Other Servants of those Communities
References	COM(2010)0309 – C7-0146/2010 – 2010/0171(COD)
Committee responsible	JURI
Opinion by        Date announced in plenary	DEVE 23.6.2010
Rapporteur        Date appointed	Filip Kaczmarek 22.6.2010
Discussed in committee	30.8.2010
Date adopted	5.10.2010
Result of final vote	+: –: 0:	28 0 0
Members present for the final vote	Thijs Berman, Michael Cashman, Corina Creţu,, Leonidas Donskis, Charles Goerens, Catherine Grèze, Enrique Guerrero Salom, András Gyürk, Eva Joly, Gay Mitchell, Norbert Neuser, Bill Newton Dunn, Maurice Ponga, David-Maria Sassoli, Birgit Schnieber-Jastram, Michèle Striffler, Alf Svensson, Eleni Theocharous, Ivo Vajgl, Anna Záborská, Gabriele Zimmer
Substitute(s) present for the final vote	Kriton Arsenis, Santiago Fisas Ayxela, Isabella Lövin, Miguel Angel Martínez Martínez, Bart Staes, Patrizia Toia
Substitute(s) under Rule 187(2) present for the final vote	Róża Gräfin von Thun und Hohenstein

OPINION of the Committee on Budgets (30.9.2010)

for the Committee on Legal Affairs

on the proposal for a regulation of the European Parliament and of the Council amending the Staff Regulations of Officials of the European Communities and the Conditions of Employment of Other Servants of those Communities
(COM(2010)0309 – C7‑0146/2010 – 2010/0171(COD))

Rapporteur: Nadezhda Neynsky

SHORT JUSTIFICATION

Article 27(3) of the Treaty on European Union stipulates that the European External Action Service (EEAS) is to work in cooperation with the diplomatic services of the Member States and is to comprise officials from relevant departments of the General Secretariat of the Council and of the Commission as well as staff seconded from national diplomatic services of the Member States.

As is the case for all the institutions and bodies of the Union, the EEAS staffing and personnel policy will operate within the framework established by the Staff Regulations of Officials of the European Communities (the Staff regulation) and the Conditions of Employment of Other Servants (CEOS) of those Communities. In order to allow the EEAS to operate as set out in the Treaty on European Union, certain amendments to the Staff Regulations and the Conditions of Employment are required.

BUDG draft opinion was prepared on the basis of the Rapporteur's working document discussed during the BUDG meeting of 13 July 2010 (PE 445.751).

Commission's proposal mainly aims at both:

-          bringing the modifications required for the establishment and functioning of the EEAS,

-          and changing the working conditions in the Union delegations through more technical (but expensive) amendments concerning Annex X to the Staff Regulations (applicable to staff serving in third countries), contract staff and local staff.

For transparency as well as budgetary reasons[1], your Rapporteur has taken the view that the changes should be limited to what is required for the setting up and functioning of the EEAS, with the two exceptions below, which appear crucial to the Rapporteur and should in her view be supported:

-          application of Annex 10 benefits when taking parental / family leave, in order to support the general objective of better conciliating private and professional life and in particular lift the obstacle for women who might otherwise be interested in taking up a post in a Union delegation

-          and the formal recognition in the CEOS of the Insurance and Provident schemes for local agents in countries where social protection is not existing or appropriate.

It should also be stressed that, to the best of your Rapporteur's knowledge, the amendments proposed are compatible with or even take account of the political agreement reached on 21 June 2010 in Madrid.

In its working document, your Rapporteur spotted some weaknesses in the budgetary impact of the Regulation as presented in the Commission's legislative financial statement and supporting documents (on the above mentioned issued of parental leave notably), which could cast doubt on the claimed budget neutrality of the proposal. In this respect, the proposed rejection of both the new mobility procedure and the application of Annex 10 for contract staff is likely to lead to savings while protecting the independence of the European Civil Service.

A specific report is also requested from the High Representative on the implementation of the regulation, once the EEAS will reach cruising speed, notably on the gender and geographical balance within the EEAS and on the actual budgetary consequences of extending the benefit of Annex 10 to staff on parental leave (increase in parental/family leave taken, replacement of staff, impact on the good functioning of delegations).

Other amendments concern:

-          the protection of the budgetary prerogatives of the Parliament,

-          the rejection of the possibility of secondment for those staff already seconded from

national diplomatic services,

-          clarification of budgetary responsibilities,

-          the rejection of the change to the 'laissez-passer' policy within delegations,

-          and the gender balance in the EEAS.

AMENDMENTS

The Committee on Budgets calls on the Committee on Legal Affairs, as the committee responsible, to incorporate the following amendments in its report:

Amendment  1 Draft legislative resolution Paragraph 2 a (new)
Draft legislative resolution	Amendment
	2a. Stresses that the proposed changes to the Staff Regulations and the Conditions of Employment of Other Servants should be budget-neutral and therefore compatible with the ceiling of Heading 5 of the Multiannual Financial Framework; recalls however that any unforeseen appropriations necessary for implementing the regulation should be decided in the annual budgetary procedure;
Amendment  2 Proposal for a regulation – amending act Recital 3 a (new)
Text proposed by the Commission	Amendment
	(3a) All members of the staff of the EEAS covered by the Staff Regulations and the Conditions of Employment of Other Servants should have the same rights and obligations within the EEAS, regardless of whether they are officials of the European Union or temporary agents coming from the diplomatic services of the Member States, and should be treated equally, in particular as concerns eligibility to assume all positions under equivalent conditions. No distinction should be made between temporary agents coming from national diplomatic services and officials of the European Union as regards the assignment of duties to be performed in all areas of activities and policies implemented by the EEAS.
Justification
Equality of rights and obligations is crucial in ensuring a coherent and independent Service. This should be the case within the EEAS, therefore with the exception of the possibility of secondment for staff already seconded from national diplomatic services.
Amendment  3 Proposal for a regulation Recital 3 b (new)
Text proposed by the Commission	Amendment
	(3b) The Head of Delegation should have authority over all staff in the delegation, whatever their status, and for all its activities. He should be accountable to the High Representative for the overall management of the work of the delegation and for ensuring the coordination of all actions of the Union.
	Where Heads of Delegations act as authorising officers by sub-delegation in accordance with the second paragraph of Article 51, they should be subject to the Commission as the institution responsible for the definition, exercise, control and appraisal of their duties and responsibilities as authorising officers by sub-delegation.
	Officials working in a Union delegation should take instructions from the Head of Delegation on the implementation of the Union budget.
Amendment  4 Proposal for a regulation – amending act Recital 4
Text proposed by the Commission	Amendment
(4) It is appropriate to clarify that staff of the EEAS who carry out tasks for the Commission as part of their duties should follow instructions given by the Commission. Likewise, Commission officials working in Union delegations should follow instructions from the Head of Delegation, in particular on organisational and administrative matters and on the implementation of the Union budget.	(4) It is appropriate to clarify that staff of the EEAS who carry out tasks for the Commission as part of their duties should follow instructions given by the Commission under the overall responsibility of the Head of Delegation. Likewise, Commission officials working in Union delegations should follow instructions from the Head of Delegation, in particular on organisational and administrative matters and on the implementation of the Union budget.
Justification
The implementation of the EU operational budget should clearly remain under the remit and responsibility of the Commission and its staff, in accordance with Article 317 of the TFEU. It does not seem appropriate to specify that the head of delegation (EEAS) should give instructions in that respect. However HR/VP and Heads of Delegations should be informed of instructions.
Amendment  5 Proposal for a regulation – amending act Recital 4 a (new)
Text proposed by the Commission	Amendment
	(4a) The notion of a European administration requires, as a fundamental principle, adequate geographical representativeness as far as the staff are concerned. Recruitment for posts in the EEAS, whilst being based on merit, should ensure an adequate presence at all levels of nationals from all the Member States. An adequate gender balance at all levels should also be ensured.
Justification
As specified in the Point 7b of the European Parliament's legislative resolution, it should be clear that the notion of a European administration entails as a prerequisite the need for the European External Action Service to be truly representative of all Member States of the European Union and the European Union citizens and, as such, be characterised by an adequate geographical representativity and gender balance.
Amendment  6 Proposal for a regulation Recital 4 b (new)
Text proposed by the Commission	Amendment
	(4b) Paragraph 7 of the European Parliament's legislative resolution of 8 July 2010 on the proposal for a Council decision establishing the organisation and functioning of the European External Action Service states that additional specific measures envisaged in Article 6(6) of that Council Decision for the strengthening of the geographical balance and gender balance should include, as regards geographical balance, measures analogous to those provided for in Council Regulation (EC, Euratom) No 401/2004.
Justification
As specified in Paragraph 7 of the European Parliament legislative resolution of 8 July 2010 on the proposal for a Council decision establishing the organisation and functioning of the EEAS,, it should be clear that the notion of a European administration entails as a prerequisite the need for the European External Action Service to be truly representative of all Member States of the European Union and the European Union citizens and, as such, be characterised by an adequate geographical representativity and gender balance.
Amendment  7 Proposal for a regulation Recital 4 c (new)
Text proposed by the Commission	Amendment
	(4c) In consideration of the current under-representation of certain Member States' nationals in the Directorate-General for External Relations of the European Commission, temporary measures should be introduced and remain in force until 31 December 2020.
Justification
The European External Action Service must be truly representative of all Member States of the European Union and the European Union citizens and, as such, be characterised by an adequate geographical representativity and gender balance. The current underrepresentation of certain Member States in the Directorate General External Relations of the European Commission justifies the provision of long term special measures to ensure that such unbalance will not characterise the EEAS.
Amendment  8 Proposal for a regulation – amending act Recital 7
Text proposed by the Commission	Amendment
(7) In order to take account of specific situations in a flexible manner (for example an urgent need to fill a post or future transfers of support tasks from the Council or the Commission to the EEAS), a transfer of officials in the interests of the service, that is without prior publication of the vacant post, from the Council or the Commission to the EEAS should also be made possible in exceptional cases. Similarly, it should be possible to transfer officials in the interest of the service from the EEAS to the Council or the Commission.	(7) In order to take account of specific situations in a flexible manner (for example an urgent need to fill a post or future transfers of support tasks from the Council or the Commission to the EEAS), a transfer of officials in the interests of the service, that is without prior publication of the vacant post, from the Council or the Commission to the EEAS should also be made possible in duly justified exceptional cases. Similarly, it should be possible to transfer officials in the interest of the service from the EEAS to the Council or the Commission.
Justification
'Exceptional circumstances' for transferring an EEAS agent in the interest of the service should be better defined, in order to avoid arbitrary nominations and ensure transparency.
Amendment  9 Proposal for a regulation Recital 8
Text proposed by the Commission	Amendment
(8) It is necessary to ensure that staff from national diplomatic services, candidates from the Council and the Commission as well as internal candidates can apply for posts in the EEAS on an equal footing. From 1 July 2013 at the latest this should also apply to officials from other institutions. However, in order to guarantee proper representation of staff from national diplomatic services in the EEAS, the High Representative of the Union for Foreign Affairs and Security Policy and Vice-President of the Commission should be able to decide that for posts in function group AD, until 30 June 2013, priority may be given to candidates from national diplomatic services of the Member States in case of substantially equal qualifications.	(8) It is necessary to ensure that staff from national diplomatic services, candidates from the Council and the Commission and internal candidates can apply for posts in the EEAS on an equal footing. From 1 January 2012 at the latest this should also apply to officials from other institutions. However, in order to guarantee proper representation of staff from national diplomatic services in the EEAS, the High Representative of the Union for Foreign Affairs and Security Policy and Vice-President of the Commission should be able to decide that for posts in function group AD, until 31 December 2011 or until staff from national diplomatic services account for one-third of total EEAS staff at AD level, whichever occurs earlier, priority may be given to candidates from national diplomatic services of the Member States in case of substantially equal qualifications.
Justification
One year seems sufficient in order to ensure that the national diplomatic services are properly represented within the EEAS. Furthermore, this derogation should cease even earlier if its aim has been achieved before 31 December 2011. This amendment aims at faster opening the EEAS posts also to the officials from the European Parliament and other institutions.
Amendment  10 Proposal for a regulation Recital 9
Text proposed by the Commission	Amendment
(9) Selected candidates from national diplomatic services who are seconded by their Member States should be employed as temporary agents and thus be put on equal footing with officials. The implementing provisions to be adopted by the EEAS should guarantee career perspectives for temporary agents that are equivalent to those of officials.	(9) Selected candidates from national diplomatic services who are seconded by their Member States should be recruited according to an objective and transparent procedure and employed as temporary agents and thus be put on equal footing with officials. The implementing provisions to be adopted by the EEAS should guarantee equivalent career prospects for temporary agents and officials within the EEAS.
Justification
The first sentence is self-explanatory. The second sentence aims at ensuring equivalent career perspectives between temporary agents and officials, whereas the initial text could be interpreted as concentrating mainly on the career perspectives for temporary agents.
Amendment  11 Proposal for a regulation – amending act Recital 10
Text proposed by the Commission	Amendment
(10) In order to avoid unnecessary restrictions on the employment in the EEAS of staff from national diplomatic services, specific rules on the length of contracts should be adopted. For this particular category of temporary staff, the rules on secondment, leave on personal grounds and maximum retirement age should be aligned with those applicable to officials.	(10) In order to avoid unnecessary restrictions on the employment in the EEAS of staff from national diplomatic services, specific rules on the length of contracts should be adopted. For this particular category of temporary staff, the rules on leave on personal grounds and maximum retirement age should be aligned with those applicable to officials.
Justification
Agents from national diplomatic services, being already seconded to the EEAS, should not be granted the right to benefit from the provisions related to secondment that apply to officials. Such 'second' secondment would allow them to get jobs in other EU institutions, thereby resulting in a possible loss of competences for the new service as well as in staff entering the EU institutions without being submitted to traditional selection procedures.
Amendment  12 Proposal for a regulation – amending act Recital 12
Text proposed by the Commission	Amendment
(12) In order to ease the administrative burden of the EEAS, the Disciplinary Board established in the Commission should also serve as the Disciplinary Board for the EEAS, unless the High Representative of the Union for Foreign Affairs and Security Policy and Vice-President of the Commission decides to establish a Disciplinary Board for the EEAS.	(12) In order to ease the administrative burden of the EEAS, the Disciplinary Board established in the Commission should also serve as the Disciplinary Board for the EEAS.
Justification
In order to avoid unnecessary organisational duplications and ensure coherence of actions in similar fields of activity, the Disciplinary Board of the Commission should, as is proposed for its Staff Committee, serve also as that of the EEAS. Therefore, no discretionary margin should be left to the High representative in that respect. A review clause is however proposed to check whether such dedicated bodies would be relevant for the EEAS.
Amendment  13 Proposal for a regulation – amending act Recital 15
Text proposed by the Commission	Amendment
(15) In the light of the experience gathered since 2004, there seems no justification for maintaining the existing limitation with regard to the application of Annex X of the Staff Regulations to contract staff. This means in particular that contract staff should take part fully in the mobility procedure under Articles 2 and 3 of Annex X. To this end, it is necessary to provide that contract staff engaged in delegations, to whom Article 3a of the Conditions of Employment applies, may be temporarily assigned to the seat of the institution.	deleted
Justification
Such provisions are not required for the setting-up and functioning of the EEAS, while this should define the scope of Commission's proposal (see Commission's explanatory memorandum). Moreover, contract staff have been specifically engaged to work in delegations.
Amendment  14 Proposal for a regulation – amending act Recital 17
Text proposed by the Commission	Amendment
(17) To facilitate matters for staff travelling outside the European Union in the performance of their duties, it should be possible to issue laissez-passer when the interests of the service so require, and special advisers should be covered by this possibility	deleted
Justification
Such provision is not required for the setting-up and functioning of the EEAS, while this should define the scope of Commission's proposal (see Commission's explanatory memorandum). It is hard to see why the laissez-passer should be generalised while it currently only foreseen for delegations' top officials.
Amendment  15 Proposal for a regulation – amending act Article 1 – point 7 Staff Regulations of Officials of the European Communities Article 23 - paragraph 3
Text proposed by the Commission Amendment 7. In Article 23, the third paragraph shall be replaced by the following: 'The laissez-passer provided for in the Protocol on Privileges and Immunities shall be issued to heads of unit, to officials in grade AD12 to AD16, to officials serving outside the territory of the European Union and to other officials for whom this is required in the interest of the service.' deleted
Justification
Such provision is not required for the setting-up and functioning of the EEAS, while this should define the scope of Commission's proposal (see Commission's explanatory memorandum). It is hard to see why the laissez-passer should be generalised while it currently only foreseen for delegations' top officials.
Amendment  16 Proposal for a regulation Article 1 – point 9 Staff Regulations of Officials of the European Communities Title VIIIa – Article 96 – paragraph 1 a (new)
Text proposed by the Commission Amendment   The Head of Delegation shall have authority over all staff in the delegation, whatever their status, and for all its activities. He shall be accountable to the High Representative for the overall management of the work of the delegation and for ensuring the coordination of all actions of the Union.   Where Heads of Delegations act as authorising officers by sub-delegation in accordance with the second paragraph of Article 51, they shall be subject to the Commission as the institution responsible for the definition, exercise, control and appraisal of their duties and responsibilities as authorising officers by sub-delegation.   Officials working in a Union delegation shall take instructions from the Head of Delegation on the implementation of the Union budget.
Amendment  17 Proposal for a regulation – amending act Article 1 – point 9 Staff Regulations of Officials of the European Communities Title VIIIa – Article 96 – paragraphs 1 and 2
Text proposed by the Commission Amendment Notwithstanding Article 11, a Commission official working in a Union delegation shall take instructions from the Head of Delegation, in particular on organisational and administrative matters and, in accordance with legal acts adopted under Article 322 of the Treaty on the Functioning of the European Union, on the implementation of the Union budget. Notwithstanding Article 11, a Commission official working in a Union delegation shall take instructions from the Head of Delegation, in particular on organisational and administrative matters and, in accordance with legal acts adopted under Article 322 of the Treaty on the Functioning of the European Union, on the implementation of the Union budget. An EEAS official who has to carry out tasks for the Commission as part of his duties shall take instructions from the Commission with regard to those tasks. An EEAS official who has to carry out tasks for the Commission as part of his duties shall take instructions from the Commission with regard to those tasks under the overall responsibility of the Head of Delegation.
Justification
The implementation of the EU operational budget should clearly remain under the remit and responsibility of the Commission and its staff, in accordance with Article 317 of the TFEU. It does not seem appropriate to specify that the head of delegation (EEAS) should give instructions in that respect. However HR/VP and Heads of Delegations should be informed of instructions.
Amendment  18 Proposal for a regulation – amending act Article 1 – point 9 Staff Regulations of Officials of the European Communities Title VIIIa – Article 97 – paragraph 1
Text proposed by the Commission Amendment Under the conditions set out in Article 7(1) and notwithstanding Articles 4 and 29, the Appointing Authorities of the institutions concerned may in exceptional cases, acting by common agreement and solely in the interests of the service, after having heard the official concerned, transfer him from the Council or the Commission to the EEAS without notifying the staff of the vacant post. An EEAS official may be transferred to the Council or the Commission under the same conditions. Under the conditions set out in Article 7(1) and notwithstanding Articles 4 and 29, the Appointing Authorities of the institutions concerned may, in duly justified exceptional cases, acting by common agreement and solely in the interests of the service, after having heard the official concerned, transfer him or her from the Council or the Commission to the EEAS without notifying the staff of the vacant post. An EEAS official may be transferred to the Council or the Commission under the same conditions.
Justification
'Exceptional circumstances' for transferring an EEAS agent in the interest of the service should be better defined, in order to avoid arbitrary nominations and ensure transparency.
Amendment  19 Proposal for a regulation Article 1 – point 9 Staff Regulations of Officials of the European Communities Title VIIIa – Article 98 – paragraph 1 – subparagraph 1
Text proposed by the Commission Amendment For the purposes of Article 29(1)(a) and without prejudice to Article 97, when filling a vacant post in the EEAS, the Appointing Authority shall consider the applications of officials of the Council, the Commission and the EEAS, of temporary staff to whom Article 2(e) of the Conditions of Employment of Other Servants applies and of staff from national diplomatic services of the Member States without giving priority to any of these categories. For the purposes of Article 29(1)(a) and without prejudice to Article 97, when filling a vacant post in the EEAS, the Appointing Authority shall consider the applications of officials of the Council, the Commission and the EEAS, of temporary staff to whom Article 2(e) of the Conditions of Employment of Other Servants applies and of staff from national diplomatic services of the Member States without giving priority to any of these categories. When staff are appointed in the EEAS, due consideration shall be paid to the goal of ensuring adequate geographical representativeness as well as gender balance at all hierarchical and organisational levels and for all staff components.
Amendment  20 Proposal for a regulation Article 1 – point 9 Staff Regulations of Officials of the European Communities Title VIIIa – Article 98 – paragraph 1 – subparagraph 2 a (new)
Text proposed by the Commission Amendment   Notwithstanding the provisions of the second and third paragraphs of Article 4, Article 7(1), the second paragraph of Article 27 and points (a), (b) and (c) of Article 29(1) of these Staff Regulations, until 31 December 2020 vacant posts shall be filled, in line with indicative recruitment targets defined in accordance with the Kinnock Reference Value[1], by the appointment of nationals of under-represented Member States. Appointments shall be made for all grades of the AD function group, following internal and external competitions on the basis of both qualifications and tests organised as specified in Annex III to these Staff Regulations.   [1] Communication de M. KINNOCK C(2003)436/4   KRV (Kinnock Reference Value) - adequate indicative recruitment targets per Member State representing the average of the relative value of the three criteria (expressed as a percentage): 1. number of inhabitants, 2. number of EP seats, 3. weight of votes in the Council
Justification
As specified in the Point 7b of the European Parliament's legislative resolution there should be a system analogous to that introduced by Council Regulation (EC, Euratom) No 401/2004 to redress geographical imbalance.
Amendment  21 Proposal for a regulation – amending act Article 1 – point 9 Staff Regulations of Officials of the European Communities Title VIIIa – Article 99 – paragraph 1
Text proposed by the Commission Amendment 1. Unless the High Representative of the Union for Foreign Affairs and Security Policy and Vice-President of the Commission decides to establish a Disciplinary Board for the EEAS, the Disciplinary Board of the Commission shall also serve as the Disciplinary Board for the EEAS. 1. The Disciplinary Board of the Commission shall also serve as the Disciplinary Board for the EEAS.
Justification
In order to avoid unnecessary organisational duplications and ensure coherence of actions in similar fields of activity, the Disciplinary Board of the Commission should, as is proposed for its Staff Committee, serve also as that of the EEAS. Therefore, no discretionary margin should be left to the High representative in that respect. A review clause is however proposed to check whether such dedicated bodies would be relevant for the EEAS.
Amendment  22 Proposal for a regulation – amending act Article 2 – point 6 Conditions of Employment of Other Servants of the European Communities Article 3 a – paragraph 1 – subparagraph 1 a
Text proposed by the Commission Amendment 6. In the first paragraph of Article 3a, the following subparagraph shall be added: 'Staff engaged for the performance of full-time or part-time duties in Union delegations may be temporarily assigned to the seat of the institution under the mobility procedure set out in Articles 2 and 3 of Annex X to the Staff Regulations.' deleted
Justification
Such provisions are not required for the setting-up and functioning of the EEAS, while this should define the scope of Commission's proposal (see Commission's explanatory memorandum). Moreover, contract staff have been specifically engaged to work in delegations.
Amendment  23 Proposal for a regulation – amending act Article 2 – point 7 Conditions of Employment of Other Servants of the European Communities Article 3 b – paragraph 2
Text proposed by the Commission Amendment 7. In Article 3b, the second paragraph shall be replaced by the following: 'Except in the cases referred to in the second subparagraph of Article 3a(1), the use of contract staff for auxiliary tasks is excluded where Article 3a applies.' deleted
Justification
Such provisions are not required for the setting-up and functioning of the EEAS, while this should define the scope of Commission's proposal (see Commission's explanatory memorandum). Moreover, contract staff have been specifically engaged to work in delegations.
Amendment  24 Proposal for a regulation – amending act Article 2 – point 10 Conditions of Employment of Other Servants of the European Communities Chapter 10 – Article 50 b – paragraph 2
Text proposed by the Commission Amendment 2. They may be engaged for a maximum period of four years. Contracts may be renewed more than once for a maximum period of four years for each renewal. A renewal shall be granted on condition that the secondment from the national diplomatic service is extended for the period of renewal. 2. They may be engaged for a maximum period of four years. Contracts may be renewed more than once for a maximum period of four years. In total, engagement should not exceed eight years. However, in exceptional circumstances and in the interest of the service, at the end of the eighth year, the contract may be extended for a maximum period of two years. A renewal shall be granted on condition that the secondment from the national diplomatic service is extended for the period of renewal.
Justification
This amendment aims at aligning Commission's proposal with the agreement reached in Madrid.
Amendment  25 Proposal for a regulation – amending act Article 2 – point 10 Conditions of Employment of Other Servants of the European Communities Chapter 10 – Article 50 c – paragraph 1
Text proposed by the Commission Amendment 1. Articles 37, 38 and 39 of the Staff Regulations shall apply by analogy. Secondment shall not extend beyond the term of the contract. deleted
Justification
Agents from national diplomatic services, being already seconded to the EEAS, should not be granted the right to benefit from the provisions related to secondment that apply to officials. Such 'second' secondment would allow them to get jobs in other EU institutions, thereby resulting in a possible loss of competences for the new service as well as in staff entering the EU institutions without being submitted to traditional selection procedures.
Amendment  26 Proposal for a regulation – amending act Article 2 – point 12 Conditions of Employment of Other Servants of the European Communities Article 118
Text proposed by the Commission Amendment 12. Article 118 shall be replaced by the following: 'Article 118 Annex X to the Staff Regulations shall apply by analogy to contract staff serving in third countries. However, Article 21 of that Annex shall only apply if the contract is for not less than one year.' deleted
Justification
Such provisions are not required for the setting-up and functioning of the EEAS, while this should define the scope of Commission's proposal (see Commission's explanatory memorandum). This would imply additional expenditure and reduce the appropriations available under Heading 5 of the Multiannual financial framework at a time when the implementation of the Lisbon Treaty requires additional financial means.
Amendment  27 Proposal for a regulation – amending act Article 3 a (new)
Text proposed by the Commission	Amendment
	Article 3a Within two years after the entry into force of this Regulation, the High Representative of the Union for Foreign Affairs and Security Policy and Vice-President of the Commission shall submit a report to the European Parliament, the Council and the Commission on its implementation, with particular emphasis on gender and geographical balance of staff within the EEAS, as well as on the implementation and financial consequences of those provisions with a budgetary impact, notably the application of Annex 10 for staff on parental leave. That report should also assess the expediency of setting up a dedicated staff committee and a disciplinary board within the EEAS.
Justification
A review clause would enhance transparency in the EEAS's staff policy and would be an opportunity to take stock of the gender and geographical balance within the service and of the possible need for the EEAS to have its own staff committee and disciplinary board.

PROCEDURE

Title	Amendment of the Staff Regulations of Officials of the European Communities and the Conditions of Employment of Other Servants of those Communities
References	COM(2010)0309 – C7-0146/2010 – 2010/0171(COD)
Committee responsible	JURI
Opinion by        Date announced in plenary	BUDG 23.6.2010
Rapporteur        Date appointed	Nadezhda Neynsky 21.6.2010
Date adopted	29.9.2010
Result of final vote	+: –: 0:	36 2 0
Members present for the final vote	Damien Abad, Alexander Alvaro, Marta Andreasen, Francesca Balzani, Reimer Böge, Lajos Bokros, Giovanni Collino, Andrea Cozzolino, Jean-Luc Dehaene, James Elles, Göran Färm, José Manuel Fernandes, Eider Gardiazábal Rubial, Salvador Garriga Polledo, Jens Geier, Ivars Godmanis, Ingeborg Gräßle, Estelle Grelier, Carl Haglund, Lucas Hartong, Jutta Haug, Jiří Havel, Anne E. Jensen, Ivailo Kalfin, Sergej Kozlík, Jan Kozłowski, Alain Lamassoure, Giovanni La Via, Barbara Matera, Nadezhda Neynsky, Dominique Riquet, László Surján, Helga Trüpel, Derek Vaughan, Angelika Werthmann
Substitute(s) present for the final vote	Jan Olbrycht, Georgios Stavrakakis
Substitute(s) under Rule 187(2) present for the final vote	Sabine Verheyen

• [1]  And in line with the explanatory memorandum to Commission's proposal which states: '(...) Apart from adaptations to the new terminology resulting from the entry into force of the Treaty of Lisbon, the proposed amendments are limited to what is necessary for the establishment and functioning of the EEAS'

OPINION of the Committee on Budgetary Control (29.9.2010)

for the Committee on Legal Affairs

on the proposal for a regulation of the European Parliament and of the Council amending the Staff Regulations of Officials of the European Communities and the Conditions of Employment of Other Servants of those Communities
(COM(2010)0309 – C7‑0146/2010 – 2010/0171(COD))

Draftswoman: Edit Herczog

AMENDMENTS

The Committee on Budgetary Control calls on the Committee on Legal Affairs, as the committee responsible, to incorporate the following amendments in its report:

Amendment  1 Proposal for a regulation – amending act Recital 4
Text proposed by the Commission	Amendment
(4) It is appropriate to clarify that staff of the EEAS who carry out tasks for the Commission as part of their duties should follow instructions given by the Commission. Likewise, Commission officials working in Union delegations should follow instructions from the Head of Delegation, in particular on organisational and administrative matters and on the implementation of the Union budget.	(4) It is appropriate to clarify that staff of the EEAS who carry out tasks for the Commission as part of their duties should follow instructions given by the Commission under the overall responsibility of the Head of Delegation. Likewise, Commission officials working in Union delegations should follow instructions from the Head of Delegation, in particular on organisational and administrative matters.
Amendment  2 Proposal for a regulation – amending act Recital 4 a (new)
Text proposed by the Commission	Amendment
	(4a) The loyalty and independence of all EEAS staff, regardless of whether they are EU officials or temporary agents, should be ensured. They should benefit from equal treatment, enjoy the same rights and have the same duties.
Amendment  3 Proposal for a regulation – amending act Recital 4 b (new)
Text proposed by the Commission	Amendment
	(4b) The High Representative of the Union for Foreign Affairs and Security Policy and Vice-President of the Commission shall adopt the rules, equivalent to those laid down in Commission Decision C(2008)6866 of 12 November 2008 laying down rules on the secondment to the Commission of national experts and national experts in professional training and in Council Decision 2007/829/EC1, under which Seconded National Experts (SNE) are put at the disposal of the EEAS in order to provide specialised expertise. These rules should in particular stipulate that an SNE shall carry out his duties and behave solely with the interests of the Union in mind and shall, in the exercise of his duties, accept no instructions from his/her employer or any national government. __________ 1Council Decision 2007/829/EC of 5 December 2007 concerning the rules applicable to national experts and military staff on secondment to the General Secretariat of the Council and repealing Decision 2003/479/EC (OJ L 327, 13.12.2007, p. 10).
Amendment  4 Proposal for a regulation – amending act Recital 7
Text proposed by the Commission	Amendment
(7) In order to take account of specific situations in a flexible manner (for example an urgent need to fill a post or future transfers of support tasks from the Council or the Commission to the EEAS), a transfer of officials in the interests of the service, that is without prior publication of the vacant post, from the Council or the Commission to the EEAS should also be made possible in exceptional cases. Similarly, it should be possible to transfer officials in the interest of the service from the EEAS to the Council or the Commission.	(7) In order to take account of specific situations in a flexible manner (for example an urgent need to fill a post or future transfers of support tasks from the Council or the Commission to the EEAS), a transfer of officials in the interests of the service, that is without prior publication of the vacant post, from the Council or the Commission to the EEAS should also be made possible in duly-justified exceptional cases. Similarly, it should be possible to transfer officials in the interest of the service from the EEAS to the Council or the Commission.
Justification
In order to avoid arbitrary nominations, it seems necessary to duly justify this kind of transfer.
Amendment  5 Proposal for a regulation – amending act Recital 12
Text proposed by the Commission	Amendment
(12) In order to ease the administrative burden of the EEAS, the Disciplinary Board established in the Commission should also serve as the Disciplinary Board for the EEAS, unless the High Representative of the Union for Foreign Affairs and Security Policy and Vice-President of the Commission decides to establish a Disciplinary Board for the EEAS.	(12) In order to ease the administrative burden of the EEAS, the Disciplinary Board established in the Commission should also serve as the Disciplinary Board for the EEAS.
Justification
In order to avoid unnecessary duplications, the Disciplinary Board of the Commission should serve also as Disciplinary Board for the EEAS.
Amendment  6 Proposal for a regulation – amending act Article 1 - point 9 Staff Regulation of Officials of the European Communities Title VIIIa - Article 95 a (new)
Text proposed by the Commission Amendment   Article 95a The selection procedures for EEAS staff shall be undertaken through a transparent procedure based on merit in terms of the skills and expertise relevant for the tasks of the EEAS, with the objective of securing the services of staff of the highest standard of ability, efficiency and integrity and with the aim of establishing regional, geographical and gender balance in the EEAS. The staff of the EEAS should comprise a meaningful presence of nationals from all Member States.
Amendment  7 Proposal for a regulation – amending act Article 1 - point 9 Staff Regulation of Officials of the European Communities Title VIIIa - Article 98 a (new)
Text proposed by the Commission Amendment   Article 98a Notwithstanding the provisions of the Financial Regulation, under no circumstances may any official or temporary agent of the EEAS receive any payments, supplementary financial or other contributions of any kind from any source outside the EEAS.
Amendment  8 Proposal for a regulation – amending act Article 1 - point 9 Staff Regulation of Officials of the European Communities Title VIIIa - Article 98 b (new)
Text proposed by the Commission Amendment   Article 98b The Code of Professional Conduct to be drawn up by the High-Representative of the Union for Foreign Affairs and Security Policy and Vice-President of the Commission shall be followed and respected by all EEAS staff.
Amendment  9 Proposal for a regulation – amending act Article 1 - point 9 Staff Regulation of Officials of the European Communities Title VIIIa - Article 99 - paragraph 1- subparagraph 1
Text proposed by the Commission Amendment 1. Unless the High Representative of the Union for Foreign Affairs and Security Policy and Vice-President of the Commission decides to establish a Disciplinary Board for the EEAS, the Disciplinary Board of the Commission shall also serve as the Disciplinary Board for the EEAS. 1. The Disciplinary Board of the Commission shall also serve as the Disciplinary Board for the EEAS.
Justification
In order to avoid unnecessary duplications, the Disciplinary Board of the Commission should serve also as Disciplinary Board for the EEAS.
Amendment  10 Proposal for a regulation – amending act Article 1 - point 9 Staff Regulation of Officials of the European Communities Title VIIIa - Article 99 a (new)
Text proposed by the Commission Amendment   Article 99a The individual officials and agents of the EEAS shall work in the closest cooperation with the European Anti-Fraud Office, which has exclusive competence in the area of fight against fraud in respect of the EEAS.
Amendment  11 Proposal for a regulation – amending act Article 2 - point 10 Conditions of Employment of Other Servants of the European Union Article 50b - paragraph 2 a (new)
Text proposed by the Commission Amendment 2a. They shall be held liable, under Article 66 of the Financial Regulation, for their actions as temporary agents of the EEAS even after their return to their national diplomatic services .

PROCEDURE

Title	Amendment of the Staff Regulations of Officials of the European Communities and the Conditions of Employment of Other Servants of those Communities
References	COM(2010)0309 – C7-0146/2010 – 2010/0171(COD)
Committee responsible	JURI
Opinion by        Date announced in plenary	CONT 23.6.2010
Rapporteur        Date appointed	Edit Herczog 23.3.2010
Discussed in committee	26.4.2010		31.5.2010		22.6.2010		12.7.2010
Date adopted	27.9.2010
Result of final vote	+: –: 0:	25 2 0
Members present for the final vote	Marta Andreasen, Jean-Pierre Audy, Inés Ayala Sender, Zigmantas Balčytis, Andrea Češková, Jorgo Chatzimarkakis, Andrea Cozzolino, Ryszard Czarnecki, Luigi de Magistris, Tamás Deutsch, Martin Ehrenhauser, Jens Geier, Gerben-Jan Gerbrandy, Ingeborg Gräßle, Ville Itälä, Cătălin Sorin Ivan, Iliana Ivanova, Jan Olbrycht, Crescenzio Rivellini, Christel Schaldemose, Theodoros Skylakakis, Bart Staes, Georgios Stavrakakis, Søren Bo Søndergaard
Substitute(s) present for the final vote	Christofer Fjellner, Edit Herczog, Véronique Mathieu

PROCEDURE

Title	Amendment of the Staff Regulations of Officials of the European Communities and the Conditions of Employment of Other Servants of those Communities
References	COM(2010)0309 – C7-0146/2010 – 2010/0171(COD)
Date submitted to Parliament	9.6.2010
Committee responsible        Date announced in plenary	JURI 23.6.2010
Committee(s) asked for opinion(s)        Date announced in plenary	AFET 23.6.2010		DEVE 23.6.2010		INTA 23.6.2010		BUDG 23.6.2010
	CONT 23.6.2010		ENVI 23.6.2010		AFCO 23.6.2010		FEMM 23.6.2010
Not delivering opinions        Date of decision	INTA 23.6.2010		ENVI 22.6.2010		AFCO 6.9.2010		FEMM 23.9.2010
Rapporteur(s)        Date appointed	Bernhard Rapkay 18.1.2010
Discussed in committee	8.3.2010		29.4.2010		23.6.2010		2.9.2010
Date adopted	18.10.2010
Result of final vote	+: –: 0:	18 7 0
Members present for the final vote	Alfredo Antoniozzi, Raffaele Baldassarre, Sebastian Valentin Bodu, Françoise Castex, Marielle Gallo, Lidia Joanna Geringer de Oedenberg, Klaus-Heiner Lehne, Antonio López-Istúriz White, Antonio Masip Hidalgo, Jiří Maštálka, Bernhard Rapkay, Evelyn Regner, Francesco Enrico Speroni, Dimitar Stoyanov, Alexandra Thein, Diana Wallis, Cecilia Wikström, Zbigniew Ziobro, Tadeusz Zwiefka
Substitute(s) present for the final vote	Jan Philipp Albrecht, Paolo Bartolozzi, Luis de Grandes Pascual, Sajjad Karim, Kurt Lechner, Eva Lichtenberger, Arlene McCarthy, Angelika Niebler
Substitute(s) under Rule 187(2) present for the final vote	Emine Bozkurt, Elmar Brok, Takis Hadjigeorgiou, Metin Kazak, Georgios Koumoutsakos, Baroness Sarah Ludford, Kyriakos Mavronikolas, Antigoni Papadopoulou, Georgios Papastamkos, Kyriacos Triantaphyllides