Chapter C1 - BASIC PRINCIPLES
Article 1 -
Article 2 -
Article 3 -
Chapter C2 - ARRANGEMENTS FOR IMPLEMENTING MOBILITY
Article 4 -
Chapter C3 JOINT MOBILITY COMMITTEE
Article 5 -
Chapter 4 TRANSITIONAL AND FINAL PROVISIONS
Article 6 -
Article 7 -
Article 8 -
Regulation governing staff mobility
THE BUREAU OF THE EUROPEAN PARLIAMENT,
- Having regard to the Staff Regulations of officials of the European Union (hereinafter ‘the Staff Regulations’) and the Conditions of Employment of Other Servants laid down by Council Regulation (EC, Euratom, ECSC) No 259/68 and, in particular, Articles 7(1) and 29(1) thereof,
- having regard to Rule 25(6) of Parliament’s Rules of Procedure,
- having regard to its decision of 13 March 2017 authorising the Secretary-General to draw up a proposal for a new regulation governing the mobility policy,
- having regard to the proposal from the Secretary-General,
- whereas mobility, accompanied by a career development plan, backed up by appropriate professional training and with suitable administrative support, will enable officials to acquire new skills, test their adaptability and extend their knowledge of the Institution;
- whereas, if designed in such a way, mobility will enhance the ability of officials, especially those involved in supervisory posts, to exercise duties at a higher level;
- whereas mobility can play an important role as a tool to motivate staff, foster their personal and professional development and reward merit, and as a means of maintaining a balance in the allocation of posts between men and women;
- whereas, however, it will not be possible to achieve these beneficial objectives unless the mobility system takes greater account of both the requirements of Parliament’s services and the personal aspirations and competences of the staff members involved and eschews any kind of inflexibility;
- having regard to the importance of ensuring that all categories of officials in Parliament enjoy the benefits of mobility;
- whereas the Legal Service was consulted and delivered an opinion on 19 December 2017;
- whereas the Data Protection Officer was consulted and delivered an opinion on 23 November 2017;
- whereas the Staff Committee was consulted and delivered an opinion on 12 December 2017;
- whereas the Committee on Equal Opportunities and Diversity was consulted and delivered an opinion on 19 December 2017;
HAS ADOPTED THIS DECISION:
Chapter C1 - BASIC PRINCIPLES
Article 1 -
This Decision is designed to encourage the mobility of officials employed in Parliament’s Secretariat.
Article 2 -
1. Within the meaning of this Decision, mobility shall be defined as a change of duties. Such change of duties may be undertaken within the same type of post or in a different type of post.
2. A promotion not involving a change of duties shall not be deemed to constitute mobility.
Article 3 -
1. The mobility system established by this Decision shall apply to posts in the function groups for administrators (AD), assistants (AST) and secretaries and clerks (AST/SC).
2. By way of derogation from that rule, the system shall not apply to
(a) specific posts in respect of which, account being taken of specialist qualifications acquired through university study or its equivalent and subsequent professional experience, compulsory mobility would not be in the interests of the service;
(b) officials over the age of 60 or who have completed 30 years of service in the European institutions.
3. After consulting the directorates-general concerned, the Directorate-General for Personnel shall draw up and update a proposal for a list of specific posts.
4. The Secretary-General shall adopt the list of specific posts on the basis of the proposals from the Directorate-General for Personnel and after consulting the Joint Mobility Committee provided for in Article 5 below.
5. The list of specific posts adopted by the Secretary-General shall be the subject of a notice which shall be distributed to all staff.
Chapter C2 - ARRANGEMENTS FOR IMPLEMENTING MOBILITY
Article 4 -
1. Mobility shall be implemented either by the appointment of an official to a post following the publication of a notice of vacancy, or by reassignment following the publication of a call for expressions of interest, or by a decision to reassign an official in the interests of the service. It shall be the subject of a decision of the appointing authority, taken after hearing the official concerned.
2. After an official has been assigned to a post for four years, the Career Counselling and Professional Guidance Service (SCOP) set up by the Directorate-General for Personnel shall contact the official concerned and offer him or her career guidance on the basis of his or her profile and the Institution’s requirements.
3. Without prejudice to Article 3(2), after an official has been assigned to the same post for seven years, the appointing authority shall take a decision to reassign the official, in the interests of the service, in accordance with Article 7 of the Staff Regulations. Notwithstanding this provision, the Secretary-General may decide whether, in the interests of the service, a derogation from the mobility process should be granted. Any such derogation, proposed by the directorate-general concerned, must be shown to be in the interests of the service. In such cases, the Secretary-General shall submit to the Joint Mobility Committee, for its opinion, the request for a derogation.
4. The reference period of seven years laid down in paragraph 3 shall commence on the date on which the person concerned was assigned to his or her most recent post. Officials must take up their new duties at the latest on 31 December of the year in which they are deemed to be subject to the mobility policy within the meaning of this Decision.
5. Without prejudice to Article 3(2), officials newly recruited by Parliament shall be subject to the mobility policy after five years in their first post. This paragraph shall not apply to officials transferred from other European institutions to the European Parliament.
6. The Legal Service shall carry out an internal mobility procedure within the meaning of this
Decision for officials assigned to posts for which the job description is ‘member of the Legal Service’.
7. Account shall be taken of the professional training requirements of officials subject to the mobility process when further training programmes organised by the Institution are being devised.
8. Flanking measures shall be taken to extend the scope for officials to take advantage of mobility and facilitate their integration into the services to which they are reassigned.
9. Where the requirements of the service so dictate, and subject to the written agreement of the service to which the official has been reassigned, at the request of the director-general concerned the Secretary-General may decide to defer the date of departure of a staff member so that the person concerned may successfully complete a mission or a specific assignment. Transfers may be deferred for no more than nine months. In the absence of such an agreement, the official concerned shall be transferred on the first day of the second month following the signing of the decision.
10. In early January each year, the posts of Director-General and Director subject to mobility and which on 31 December of the previous year had been occupied for more than seven years by the same person shall be the subject of a Communication from the SecretaryGeneral to Parliament’s Bureau. On the basis of the interests of the Institution, the Bureau shall decide whether or not to apply the mobility policy to the persons holding those posts.
11. The implementation of the mobility policy shall be the subject of an annual assessment on the basis of an anonymous questionnaire forwarded by the Directorate-General for Personnel to officials who have completed a transfer under the mobility policy and to the directorates-general concerned. The findings of that assessment shall be forwarded to the Secretary-General and to the Joint Mobility Committee provided for in Article 5.
Chapter C3 JOINT MOBILITY COMMITTEE
Article 5 -
1. A Joint Mobility Committee, consisting of three representatives of the appointing authority
- the Head of the Strategic Human Resources Planning Unit, the Head of the Learning and Development Unit in the Directorate-General for Personnel and an official in the AST or AST/SC function group - and of three representatives of the Staff Committee, one each from the AD, AST and AST/SC categories, shall be set up to advise the appointing authority on the implementation of the mobility policy. One member of the Committee on Equal Opportunities and Diversity shall attend meetings as an observer. The Joint Mobility Committee shall be chaired by the Director-General of Personnel.
2. The Joint Committee may forward to the appointing authority any opinion or recommendation concerning mobility which it deems appropriate. It shall receive all the information that it requires in order to carry out its task.
3. The Joint Committee shall also be required to propose to the Secretary-General any changes to this Decision required in the light of the experience acquired with regard to mobility.
4. The decision laying down the Joint Committee’s operating procedures shall be adopted by the Secretary-General, on a proposal from the Joint Committee.
Chapter 4 TRANSITIONAL AND FINAL PROVISIONS
Article 6 -
A transitional scheme for AST officials deemed to be subject to mobility when this Decision enters into force shall be set up by the Secretary-General for a period of three years.
Article 7 -
The practical arrangements for implementing the mobility policy, whose purpose is to facilitate the mobility procedure, shall be adopted by means of a decision of the Secretary-General. These practical arrangements shall consist only of the timetable for the mobility procedure, flanking measures and measures to encourage mobility between directorates-general.
Article 8 -
This Decision shall replace that adopted by the Bureau on 29 March 2004 and shall enter into force on 1 February 2018.