1. Contract staff shall be selected on the broadest possible geographical basis from among nationals of participating Member States and without distinction as to racial or ethnic origin, political, philosophical or religious beliefs, age or disability, gender or sexual orientation and without reference to their marital status or family situation.
2. Recruitment as a member of the contract staff shall require at least:
(a)
in function group I, successful completion of compulsory education;
(b)
in function groups II and III:
(i)
a level of post-secondary education attested by a diploma; or
(ii)
a level of secondary education attested by a diploma giving access to post-secondary education, and appropriate professional experience of at least three years; or
(iii)
where justified in the interests of the service, professional training or professional experience of an equivalent level;
(c)
in function group IV:
(i)
a level of education which corresponds to completed university studies of at least three years attested by a diploma; or
(ii)
where justified in the interests of the service, professional training of an equivalent level.
3. A member of the contract staff may be engaged only on condition that he:
(a)
is a national of one of the Member States participating in the Agency and enjoys his full rights as a citizen;
(b)
has fulfilled any obligations imposed on him by the laws concerning military service;
(c)
produces the appropriate character references as to his suitability for the performance of his duties;
(d)
is physically fit to perform his duties; and
(e)
produces evidence of a thorough knowledge of one of the official languages of the institutions of the Union and of a satisfactory knowledge of another official language of the institutions of the Union to the extent necessary for the performance of his duties.
4. In the initial contract, the AACC may waive the requirement that the person concerned should produce documentary evidence that he fulfils the conditions in points (a), (b) and (c) of paragraphs 2 and 3 where his engagement is for not more than three months.
5. The AACC shall adopt specific provisions on the procedures for engagement of contract staff, as necessary.
Before being engaged, a member of the contract 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 105(3)(d).
Article 38 shall apply by analogy.
1. A member of the contract staff whose contract is concluded for a duration of at least one year shall serve a probationary period for the first six months of his period of employment if he is in function group I and for the first nine months if he is in any other function group.
Where during his probationary period a member of the contract staff is prevented by sickness or accident from performing his duties for one month or more, 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 the member of the contract staff may be made at any time before the end of the probationary period if his work is proving obviously inadequate.
This report shall be communicated to the person concerned, who shall have the right to submit his comments in writing within a period of eight working days. The report and the comments shall be transmitted immediately by the immediate superior of the member of the contract staff to the AACC. On the basis of the report, the AACC may decide to dismiss the member of the contract staff before the end of the probationary period by giving him one month's notice, or in exceptional circumstances, extend the probationary period for a maximum of six months and possibly assign the member of the contract staff to another department for the remaining time of the probationary period.
3. One month at the latest before the expiry of the probationary period, a report shall be made on the ability of the member of the contract staff to perform the duties pertaining to his post and also on his efficiency and conduct in the service. This report shall be communicated to the member of the contract staff, who shall have the right to submit his comments in writing within a period of eight 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 contract staff to the AACC.
A member of the contract staff whose work or conduct has not proved adequate for establishment 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 contract staff with regard to Chapter 2.
4. A dismissed member of the contract staff shall be entitled to compensation equal to one-third of his basic salary per month of probation completed.
The contracts of contract staff may be concluded for a fixed period of at least three months and not more than four years. They may be renewed not more than once for a fixed period of not more than five years. The initial contract and the first renewal must be of a total duration of not less than six months for function group I and not less than nine months for the other function groups.
1. Contract staff shall only be recruited:
(a)
in grades 13, 14, or 16 for function group IV;
(b)
in grades 8, 9 or 10 for function group III;
(c)
in grades 4 or 5 for function group II;
(d)
in grade 1 for function group I.
The grading of such contract staff within each function group shall take account of the qualifications and experience of the persons concerned. To address specific needs of the Agency, labour market conditions prevailing in the European Union may also be taken into account. Within their grade, such contract staff shall be recruited in the first step.
2. Where a member of the contract staff moves to a new post within a function group, he shall not be classified in a lower grade or step than in his former post.
Where a member of such contract staff moves to a higher function group, he shall be classified at a grade and step such that his remuneration is at least equal to that to which he was entitled under the preceding contract.
1. The first paragraph of Article 41 shall apply by analogy to contract staff engaged for a period of not less than one year.
2. A member of the contract staff who has been at one step in his grade for two years shall automatically advance to the next step in that grade.
3. In the case of contract staff, classification in the next higher grade in the same function group shall be by decision of the Agency. It shall be effected by classifying such contract staff in the first step of the next higher grade. Such advancement shall be exclusively by selection from among contract staff with a contract of at least three years who have completed a minimum period of two years in their grade, after consideration of the comparative merits of such contract staff eligible for advancement to a higher grade and of the reports on them. When considering comparative merits, the AACC shall in particular take account of the reports on the members of contract staff, the use of languages in the execution of their duties other than the language for which they have produced evidence of thorough knowledge in accordance with Article 105(3)(e) and, where appropriate, the level of responsibilities exercised by them.
4. A member of the contract staff may change to a higher function group only through participation in a general selection procedure.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
