PUBLIC COUNCIL OF THE EUROPEAN UNION. Brussels, 5 January 2004 (07.04) (OR. en,fr) 16256/03 ADD 3. Interinstitutional File: 2002/0100 (CNS) LIMITE

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1 Conseil UE COUNCIL OF THE EUROPEAN UNION Brussels, 5 January 2004 (07.04) (OR. en,fr) Interinstitutional File: 2002/0100 (CNS) PUBLIC 16256/03 ADD 3 LIMITE STAT 103 FIN 639 ADDDUM TO COVER NOTE from : Hungarian, Czech and Slovak delegations to : Working Party on the Staff Regulations No. Cion prop. : 15185/03 STAT 97 FIN 538 Subject : Amended proposal for a Council Regulation amending the Staff Regulations of officials and the Conditions of Employment of other servants of the European Communities contributions from the Hungarian, Czech and Slovak delegations Delegations will find attached contributions from the Hungarian, Czech and Slovak delegations /03 ADD 3 dey/as/mm 1

2 To the Chairman of the Working Party on the Staff Regulations Brussels, 18 December 2003 Subject: Hungarian reservation on Article 2 of Annex XIII to the amended proposal for a Council Regulation amending the Staff Regulations of officials and the Conditions of Employment of other servants of the European Communities Sir, Please find details of the Hungarian reservation below. Article 2 of Annex XIII does not specify whether persons who have taken part in competitions for A8 posts before 1 May 2004 are automatically eligible for A*7 posts after that date. Nor does it state whether they are also eligible for A*5 and A*6 posts, or for A*7 posts only. Yours faithfully, András Szörényi 16256/03 ADD 3 dey/as/mm 2

3 The position of the Czech Republic on selected issues within the currently discussed proposal for amendment of the Staff Regulations (Council doc /03, STAT 97, FIN 538) THIRD LANGUAGE REQUIREMT ARTICLE 45.2 Article 45.2 introduces the obligation to demonstrate working knowledge of a third language, effectively a second foreign language, before the first promotion after recruitment. This means that the ability to work in three languages will be the condition for promotion only for the officials recruited after the date of entry into force of the new Staff Regulations (SR) and those recruited before that date but not at all yet promoted. As such, this condition creates a situation whereby no new employee will be eligible for promotion unless trilingual. At the same time, those recruited and promoted at least once before the entry into force of the new SR will be eligible for promotions even if just bilingual. This duality would in theory as well as practice continue to apply until the last official hired and at least once promoted before the date of entry into force of the new SR retires, i.e. most likely for the next several decades. Such a practice does not only seem unfair to all the new recruits of the next several decades, but also seems to unduly limit the potential of the Commission renown for the high professional qualities of its employees. We urge the Member States and the Commission to change the proposed text so that equal conditions for promotion apply as soon as possible/practical to all officials, regardless of the date of their entry into service. The Czech Republic will be happy to actively participate in drafting appropriate alternative proposal within the Working Party B Transitional Measures Annex XIII Annex XIII sets out the details how current employees as well as future recruits will be classified in grades. Current employees in grade A8 should be reclassified as A*7 in the interim system (at the moment of entry into force of the new SR) and as AD7 in the new one (in effect after an interim period of 2 years). Officials recruited after the entry into force of the new SR will be entering at the level A*5-AD 5, i.e. two levels lower. This rule should apply universally to all recruits, i.e. including those selected through competitions originally published as for A8 post. This effectively means that even two persons who successfully passed the very same A8 competition in the recent past may find themselves, after the date of entry into force of the new SR, separated by two grades if one of them is hired just before the entry into force of the new SR and the other just after that date. A difference of one day in the date of recruitment can thus mean a difference of at least four years in career (assuming it would take just the minimum two years to achieve each promotion to the next grade). This discrepancy will thus create significant difference in the minimum time/advancement through grades that each individual must expect to have to progress in his/her career before he/she can reach the grade where he/she qualifies for a management post (head of unit and higher, i.e. grade at least A*9 - AD9). Although it is indisputable that the new career system has 16256/03 ADD 3 3

4 to have a clear-cut date from which it should apply, and do so in full force, it does not seem desirable to create such a gap in the career prospects of the new vs. current officials. Since the implementation of the new SR assumes an interim period of several years for a smooth transition from the current system to the new system, it seems that it should be possible for the Member States and/or the Commission to modify the proposed text in a way that avoids the creation of similar discrepancies between career prospects and career paths of the various groups of officials and recruits. To this effect, the Czech Republic will be happy to actively participate in drafting proposals for a text change within the Working Party B /03 ADD 3 4

5 MISSION OF THE SLOVAK REPUBLIC TO THE EUROPEAN COMMUNITIES 18 December 2003 from: Miroslav Adamis, Ambassador to: Maurizio Pulcianese, Chairman of the Working Party on the Staff Regulations, GS of the Council Sir, With reference to the amended proposal for a Council Regulation amending the Staff Regulations of officials and the Conditions of Employment of other servants of the European Communities, and further to the Polish request concerning Article 2 of the Council proposal introducing, on the occasion of the accession of Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia, special temporary measures for recruitment of officials of the European Communities (11975/03). Slovakia proposes that the said amended proposal for a Council Regulation should include a transitional provision whereby nationals of new Member States who have taken competitions under the terms of the current Staff Regulations, i.e. before 1 May 2004, will be recruited in accordance with the current career structure, applying to staff in post on 30 April Yours faithfully, Miroslav ADAMIS Ambassador 16256/03 ADD 3 dey/as/mm 5