BEREC Office MC Decision on general implementing provisions regarding Article 87(3) of the Conditions of Employment of Other Servants of the EU

Document number: MC/2016/07

Document date: 03-06-2016

Date of registration: 06-06-2016

Author: BEREC Office MC

The BEREC Office is an Agency of the European Union (EU) established with the objective of providing administrative and professional support to the Body of European Regulators for Electronic Communications (BEREC). BEREC contributes to the development and better functioning of the internal market for electronic communications networks and services. BEREC and the BEREC Office were established by Regulation (EC) No 1211/2009 of the European Parliament and of the Council of 25 November 2009 (‘the BEREC Regulation’).

The BEREC Regulation refer to the Staff Regulations and the Conditions of Employment of Other Servants of the EU (CEOS) as the common legal framework for staff matters. The texts of these acts, however, are further detailed in implementing rules, which lay down the technical measures necessary to implement the Staff Regulations and the CEOS.

The current implementing rules which apply to the reclassification of contract staff at the BEREC Office are provided by the Commission Decision C(2014)2222 of 7 April 2014 on general provisions for implementing Article 87(3) of the CEOS amending Commission Decision C(2013)2529 of 3 May 2013.

However, Decision C(2014)2222 is suitable to contract staff of the EU agencies provided that certain adjustments are made to take into account their specifies. Therefore, to take into account the specific situation of the EU agencies and other EU bodies, the European Commission, with the assistance of a standing working party, composed of representatives of all interested parties, drafted a model decision for decentralised agencies and joint undertakings on the reclassification of contract agents.

Therefore the BEREC Office requested its Management Committee (MC) to examine the model adopted by the Commission and to agree on its application to the BEREC Office with some minor adjustments, which take into account the BEREC Office specificities.

The MC examined the Decision and approved it during its 27th ordinary plenary meeting, which took place on 3 June 2016 in Vienna (Austria), kindly hosted by the Austrian Regulatory Authority for Broadcasting and Telecommunications  (RTR).

The new Decision entered into force on the day of its adoption by the MC, namely 3 June 2016, and shall apply as from the 2016 reclassification exercise.