Explanatory Memorandum to COM(2012)377 - Proposal for introducing, on the occasion of the accession of Croatia, special temporary measures for the recruitment of officials and temporary staff of the EU

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1. CONTEXT OF THE PROPOSAL

The attached draft of this Regulation concerns recruitment issues arising from the accession of Croatia to the European Union on 1 July 2013.

In previous enlargements, specific measures were adopted to recruit nationals of the countries that were joining the Union. This required a Council Regulation temporarily derogating from the relevant provisions of the Staff Regulations[1] concerning recruitment.

The main features of the proposal are:

1. The proposed expiry date for the derogation from the Staff Regulations is 30 June 2018.

2. The Regulation provides for the organisation of competitions for the selection of officials from Croatia on a national basis.

3. Competitions for Croatian nationals may be held, and lists of successful candidates drawn up, before the accession of that country to the Union. However, a country must have joined the Union before its nationals may be appointed as officials to a post with the Institutions.

4. The Institutions have the possibility of derogating from the requirement to advertise vacant posts within the Institutions. They may, however, publish vacant posts if they so wish.

Each Institution will determine the number of officials and temporary staff from the candidate country to be recruited under this derogation Regulation.

1.

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS



Not applicable.

2.

LEGAL ELEMENTS OF THE PROPOSAL



A derogation from Article 4(2) and (3), Article 7(1), Article 27, and Article 29(1)(a) and (b) of the Staff Regulations is proposed, as is a derogation from the Conditions of Employment of Other Servants of the European Union in so far as they provide for application of these provisions of the Staff Regulations to the recruitment of temporary staff.