Documents considered by the Committee on 6 November 2013 - European Scrutiny Committee Contents


3 Reform of the EU's Staff Regulations

(33552)

18638/11

COM(11) 890

Draft Regulation amending the Staff Regulations of Officials and the Conditions of Employment of other Servants of the European Union
Legal baseArticle 336 TFEU; QMV; co-decision
Document originated 13 December 2011
Deposited in Parliament 15 December 2011
DepartmentForeign and Commonwealth Office
Basis of consideration Minister's letter of 24 July 2013
Previous Committee Reports HC 83-xviii (2013-14), chapter 4 (23 October 2013); HC 83-iv (2013-14), chapter 11 (5 June 2013); HC 86-xii (2012-13), chapter 3 (12 September 2013); HC 428-liii (2010-12), chapter 4 (7 March 2012)
Discussion in Council June 2013
Committee's assessment Legally and politically important
Committee's decision Recommended for debate in European Committee B on 23 October 2013; further information provided

Background

3.1 The draft proposal seeks to amend the European Union Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Union. These two documents, referred to as the "Staff Regulations", set terms and conditions for all staff working within the European institutions — the first document covers permanent officials and the second contract staff. The Staff Regulations constitute the legal framework for employment and working conditions for approximately 55,000 officials and other agents employed by more than 50 institutions and agencies in the European Union and in third countries.

3.2 We have reported on this proposal on four occasions over the last four years. Those Reports set out the relevant background to the proposals, and the Government's policy on them.

3.3 On the last occasion we noted the disappointing outcome of the negotiations. We had expected a far greater reduction in costs to the EU budget to come of them, and, given the levels involved, for them not to be concluded in a hurry. We said that we would like to explore with the Minister in far greater detail the reasons for the haste in concluding the negotiations; the contents of the compromise text agreed by COREPER on 28 June; the estimated future annual costs of the revised Staff Regulations to the EU budget; and why the Government was so unsuccessful in the negotiations. We said we would like to do so in the form of a debate in European Committee, which we recommend to take place once we had received and reported on the following further information:

    "We ask the Minister to deposit, in accordance with the Cabinet Office Guidance, the compromise text with a Supplementary Explanatory Memorandum explaining the changes from the original text which was deposited in Parliament in December 2011. This Explanatory Memorandum should quantify the costs of each of the main heads of expenditure foreseen by the revised Staff Regulations. In an accompanying letter we ask the Minister to explain why the negotiations were hurried and so unsuccessful for the Government."

The Minister's letter of 31 October

3.4 The Minister for Europe says he will write shortly with the additional information that we requested, but in the meantime he confirms that, as anticipated, the Staff Regulations were approved at the Transport, Telecommunications and Energy Council on 10 October. This was despite the UK, the Netherlands, the Czech Republic, Austria and Denmark voting against. After being signed by the President of the European Parliament and the President of the Council, the legislative act will be published in the Official Journal of the European Union.

3.5 The Minister repeats that this package was a disappointment to the Government in that it did not go far enough to reform the EU civil service. In light of this, the UK tabled a joint statement with the Netherlands, Czech Republic, Austria and Denmark at the Council:

    "As Council votes on the Staff Regulations today, it is a good opportunity to reflect on the negotiations and the next steps. The delegations which voted against the Presidency compromise want to outline why they did so and their hopes for the future of the EU civil service.

    "The review of the Staff Regulations was an opportunity to modernise the EU civil service, to rein in administrative spend and to ensure that the EU Institutions will be able to afford their future commitments on pensions and salaries. This is an opportunity that only comes every few years. Unfortunately, after nearly two years of intensive work by all parties, and despite broad agreement for those objectives, our delegations felt that the compromise presented did not match the comprehensive reforms which many Member States are already delivering in their domestic civil services. All of our public services are changing and the EU civil service will be left behind at its peril. A modern, effective and dynamic civil service is vital for the EU to be able to deliver on the important issues which matter to our citizens. We should not under-estimate how strongly the public's support for the EU is linked to their perception of the EU Civil Service. In the next few years, we will continue to work constructively to ensure that EU citizens have the EU civil service they should expect, one that reflects our 21st century EU and one that the EU can afford to maintain."

3.6 The Minister says that the Commission is likely to need to propose further amendments to the Staff Regulations before the next Multiannual Financial Framework in 2021. In the meantime, "this Government will continue to fight against unnecessary administrative spending at every opportunity; most frequently through the annual budget negotiations". As the Committee is aware, the Staff Regulations determine spending on pay, pensions and allowances which together comprise 70% of EU administrative spending in MFF Heading 5. Nevertheless, the annual budgets will be an essential tool for ensuring that other areas of administrative spending are restrained, that the reforms agreed as part of the updated Staff Regulations, such as the 5% headcount reduction, are being met, and for making certain that the institutions are not falling behind their own targets for reform.

Conclusion

3.7 We thank the Minister for informing us of the joint declaration the UK tabled with other like-minded Member States in the Council; we welcome its contents.

3.8 We look forward to receiving the further information we requested before the Staff Regulations are debated in European Committee.

3.9 In the meantime we retain the document under scrutiny.


 
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Prepared 27 November 2013