BEREC

Draft Decision of the BEREC Office MC on the non-application of the Commission Decision on the maximum duration for the recourse to non-permanent staff in the Commission services

Document number: MC (16) 103
Document date: 22.09.2016
Date of registration: 10.10.2016
Document type: Decisions of the Management Committee
Author: BEREC Office

In June 2016, the Commission informed the BEREC Office that it adopted Decision C(2016)2421 of 26 May 2016 on giving agencies an ex ante agreement to the non-application of the Commission Decision on the maximum duration for the recourse to non-permanent staff in the Commission services C(2013)9028.Pursuant to Article 110(2) of the Staff Regulations, implementing rules such as those referred to shall apply by analogy to BEREC Office. By way of derogation, an agency may request the Commission’s agreement to the non-application of certain implementing rules. In BEREC Office, all temporary staff other than those referred to in Article 2(a) of the CEOS are those referred to in Article 2(f) of the CEOS and all contract staff are the ones referred to in Article 3(a) of the CEOS. The majority of temporary staff in the Agency, namely those referred to in Article 2(f) of the CEOS, they do not fall under the scope of Commission Decision C(2013)9028. The same applies to the unique category of contract staff employed in the Agency, namely those referred to in Article 3(a) of the CEOS. Commission Decision C(2013)9028 is therefore not adapted to BEREC Office's realityTaking into account the way the BEREC Office operates, it is not appropriate to set a maximum duration of recourse to non-permanent staff, because such a rule could be detrimental to the functioning of the Agency. The current document is part of the internal decision making process and is not available to the public.