1. The engagement of temporary staff shall be directed to securing for the Agency the services of persons of the highest standard of ability, efficiency and integrity, recruited on the broadest possible geographical basis from among nationals of Member States participating in the Agency.
Temporary staff shall be selected without distinction as to race, political, philosophical or religious beliefs, sex or sexual orientation and without reference to their marital status or family situation.
No posts shall be reserved for nationals of any Member State. However, in the event of an observation of a significant imbalance between nationalities among temporary staff which is not justified by objective criteria, the principle of equality of Union citizens shall allow the Agency to adopt appropriate measures. Those appropriate measures shall be justified and shall never result in recruitment criteria other than those based on merit. Before such appropriate measures are adopted by the AACC, the Steering Board shall adopt general provisions for giving effect to this paragraph.
2. A member of the temporary staff may be engaged only on condition that:
(a)
he is a national of one of the participating Member States and enjoys his full rights as a citizen;
(b)
he has fulfilled any obligations imposed on him by the laws concerning military service;
(c)
he produces the appropriate character references as to his suitability for the performance of his duties;
(d)
he is physically fit to perform his duties; and
(e)
he produces evidence of a thorough knowledge of one of the languages of the participating Member States and of a satisfactory knowledge of another language of the participating Member States to the extent necessary for the performance of his duties.
3. The AACC shall adopt specific provisions on the procedures for recruitment of temporary staff, as necessary, within the framework of Decision (CFSP) 2015/1835.
Before being engaged, a member of the temporary staff shall be medically examined by a medical officer authorised by the Agency in order that the Agency may be satisfied that he fulfils the requirements of Article 37(2)(d).
Where a negative medical opinion is given as a result of the medical examination provided for in the first subparagraph, the candidate may, within 20 days of being notified of this opinion by the Agency, request that his case be submitted for the opinion of a medical committee composed of three doctors chosen by the AACC from among the Agency's medical officers. The medical officer responsible for the initial negative opinion shall be heard by the medical committee. The candidate may refer the opinion of a doctor of his choice to the medical committee. Where the opinion of the medical committee confirms the conclusions of the medical examination provided for in the first paragraph, the candidate shall pay 50 % of the fees and of the incidental costs.
1. A member of the temporary staff may be required to serve a probationary period not exceeding nine months.
Where, during his probationary period, a member of the temporary staff is prevented, by sickness, maternity leave under Article 52, or accident, from performing his duties for at least one month, the AACC may extend his probationary period by the corresponding length of time. The total length of the probationary period shall in no circumstances exceed 15 months.
2. A report on a probationary member of temporary staff may be made at any time during the probationary period if his work is proving obviously inadequate.
The report shall be communicated to the person concerned, who shall have the right to submit his comments in writing within 8 working days. The report and the comments shall be transmitted immediately by the immediate superior of the member of the temporary staff to the AACC. On the basis of the report, the AACC may decide to dismiss that member of the temporary staff before the end of the probationary period, giving him one month's notice, or in exceptional circumstances, extend the probationary period for a maximum of six months and possibly assign that member of the temporary staff to another department for the remaining time of the probationary period.
3. Not less than one month before the expiry of the probationary period, a report shall be made on the ability of the member of the temporary staff to perform the duties pertaining to his post and also on his conduct and efficiency in the service. The report shall be communicated to the person concerned, who shall have the right to submit his comments in writing within 8 working days.
Should it recommend dismissal or, in exceptional circumstances, extension of the probationary period, the report and the comments shall be transmitted immediately by the immediate superior of the member of the temporary staff to the AACC.
A member of the temporary staff whose work has not proved adequate to justify retention in his post shall be dismissed.
The final decision shall be taken on the basis of the report referred to in this paragraph, as well as on the basis of elements available to the AACC relating to the conduct of the member of the temporary staff with regard to Chapter 2 of Title II.
1. A member of temporary staff shall be recruited at the first step in his grade.
The AACC may allow additional seniority up to a maximum of 24 months to take account of his professional experience. General implementing provisions shall be adopted to give effect to this Article.
2. A member of temporary staff who has been at one step in his grade for two years shall automatically advance to the next step in that grade, unless his performance has been evaluated as unsatisfactory pursuant to the annual report referred to in Article 41. A member of temporary staff shall advance to the next step in his grade within four years at the latest.
If a member of temporary staff is appointed head of unit, director or director-general, and provided that he has performed his new duties satisfactorily during the first nine months, he shall retroactively benefit from advancement by one step in his grade at the time the appointment comes into effect. This advancement shall lead to an increase in his basic monthly salary corresponding to the percentage between the first and the second step in each grade.
3. Where a member of the temporary staff is assigned to a post corresponding to a higher grade, as provided for in Article 10(2), he shall be placed in the initial step in that grade. However, members of the temporary staff in grades AD 9 to AD 13 carrying out the duties of head of unit who are appointed to a higher grade shall be placed in the second step of the new grade. The same arrangement shall apply to any member of the temporary staff who upon promotion is appointed director or above.
The ability, efficiency and conduct in the service of each member of temporary staff shall be the subject of an annual report. That report shall state whether the performance level of the staff member has been satisfactory. The AACC shall lay down provisions conferring the right to lodge an appeal within the reporting procedure, which shall be exercised before lodging a complaint as referred to in Article 168(2).
The report shall be communicated to the member of temporary staff. He shall be entitled to make any comments thereon which he considers relevant.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
