Regulation 2010/1080 - Amendment of the Staff Regulations of Officials of the EC and the Conditions of Employment of Other Servants of those Communities - Main contents
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official title
Regulation (EU, Euratom) No 1080/2010 of the European Parliament and of the Council of 24 November 2010 amending the Staff Regulations of Officials of the European Communities and the Conditions of Employment of Other Servants of those Communities| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2010/1080 |
| Original proposal | COM(2010)309  |
| CELEX number i | 32010R1080 |
| Document | 24-11-2010 |
|---|---|
| Publication in Official Journal | 26-11-2010; OJ L 311 p. 1-8 |
| Effect | 27-11-2010; Entry into force Date pub. +1 See Art 5 |
| End of validity | 31-12-9999 |
26.11.2010 |
EN |
Official Journal of the European Union |
L 311/1 |
REGULATION (EU, EURATOM) No 1080/2010 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 24 November 2010
amending the Staff Regulations of Officials of the European Communities and the Conditions of Employment of Other Servants of those Communities
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 336 thereof,
Having regard to the proposal from the European Commission, submitted following consultations with the Staff Regulations Committee,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the Court of Justice (1),
Having regard to the opinion of the Court of Auditors (2),
Acting in accordance with the ordinary legislative procedure (3),
Whereas:
(1) |
According to Article 27 of the Treaty on European Union, the High Representative of the Union for Foreign Affairs and Security Policy (the High Representative) is to be assisted by a European External Action Service (EEAS). This service is to work in cooperation with the diplomatic services of the Member States and is to comprise officials from relevant departments of the General Secretariat of the Council and of the Commission as well as staff seconded from national diplomatic services of the Member States. It is to form part of the Union’s open, efficient and independent European administration, as provided for in Article 298 of the Treaty on the Functioning of the European Union (TFEU). |
(2) |
In view of its specific tasks, the EEAS should be granted autonomy within the framework of the Staff Regulations. Therefore, for the purposes of the Staff Regulations and the Conditions of Employment of Other Servants (4) (hereinafter referred to as the ‘Staff Regulations’, and the ‘Conditions of Employment of Other Servants’, respectively), the EEAS should be treated as an institution of the Union. |
(3) |
The High Representative should act as Appointing Authority and Authority to Conclude Contracts for the staff of the EEAS, with the possibility of delegating powers in that capacity to the EEAS. As the Heads of Delegations will have to carry out tasks for the Commission as part of their normal duties, provision should be made for the participation of the Commission in certain decisions concerning those staff members. |
(4) |
Officials of the Union and temporary agents coming from the diplomatic services of the Member States should have the same rights and obligations and be treated equally, in particular as concerns their eligibility to assume all positions under equivalent conditions. No distinction should be made between temporary agents coming from national diplomatic services and officials of the Union as regards the assignment of duties to perform in all areas of activities and policies implemented by the EEAS. |
(5) |
It is appropriate to clarify that staff of the EEAS who carry out tasks for the Commission as part of their duties should, in accordance with Article 221(2) of the TFEU, follow instructions given by the Commission. Likewise, Commission officials working in Union delegations should follow instructions from the Head of Delegation. |
(6) |
For the avoidance of doubt, it should be confirmed that officials and temporary staff occupying a post in an organisational entity which is transferred from the General Secretariat of the Council or the Commission to the EEAS pursuant to Council Decision 2010/427/EU of 26 July 2010 establishing the organisation and functioning of the European External Action Service (5) are deemed to be transferred with the post. This should apply mutatis mutandis to contract and local staff assigned to such an organisational entity. The staff concerned by... |
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