Date: 2019-05-17Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Decision (EU) 2019/792 of 13 May 2019 entrusting to the European Commission — the Office for the Administration and Payment of Individual Entitlements (PMO) — the exercise of certain powers conferred on the appointing authority and the authority empowered to conclude contracts of employment
**Executive Summary:**
Council Decision (EU) 2019/792 entrusts the European Commission's Office for the Administration and Payment of Individual Entitlements (PMO) with the exercise of certain powers of the appointing authority and the authority empowered to conclude contracts of employment regarding staff of the General Secretariat of the Council (GSC). This decision aims to improve the effectiveness and cost efficiency of managing individual entitlements. A service-level agreement (SLA) will extend the scope of services provided by the PMO. A transitional period is set until December 31, 2021, allowing the Council to address potential detrimental effects on GSC staff.
**Key Points / Main Content:**
* **Delegation of Powers to PMO:**
* The European Commission (PMO) is entrusted with the exercise of powers conferred on the appointing authority and the authority authorized to conclude contracts of employment regarding GSC staff.
* This delegation applies to specific articles within the Staff Regulations and Conditions of Employment, concerning individual entitlements, the pension scheme, termination entitlements, unemployment allowances, and recovery of overpayments.
* **Scope of Entitlements Covered:**
* Individual entitlements include articles related to remuneration, allowances, and other financial benefits as specified in the Staff Regulations.
* Pension scheme and termination entitlements encompass provisions related to retirement, invalidity, survivors' pensions, and other benefits upon termination of service.
* Unemployment allowances are specifically included in the scope of delegated powers.
* Recovery of overpayments related to the above entitlements also falls under the PMO's responsibility.
* **Transitional Period and Council's Intervention:**
* Until December 31, 2021, the PMO must notify the Council of any complaints received regarding decisions made under the delegated powers related to individual entitlements.
* During this period, the Council retains the right to exercise its powers in individual cases where a different interpretation of rules applied by the PMO could negatively impact GSC staff.
**Impact Analysis:**
**General Secretariat of the Council (GSC) Staff:**
* Impact: GSC staff will have their individual pecuniary entitlements, pension rights, and sickness insurance benefits administered and paid by the PMO through Sysper.
* Action Required: Staff may need to familiarize themselves with the PMO's procedures and the Sysper system for managing their entitlements.
**European Commission (PMO):**
* Impact: The PMO will take on the responsibility for administering and paying individual entitlements for GSC staff, requiring additional resources and coordination.
* Action Required: The PMO needs to prepare for the increased workload and ensure a smooth transition of responsibilities, including implementing the service-level agreement and utilizing Sysper.
**Council (Appointing Authority/Authority Empowered to Conclude Contracts of Employment):**
* Impact: The Council delegates certain powers to the PMO but retains oversight and intervention rights during the transitional period to protect staff interests.
* Action Required: The Council must monitor the PMO's implementation of the delegated powers and be prepared to address any complaints or potential detrimental effects on GSC staff until December 31, 2021.
Key Entities Referenced
European Commission: The executive branch of the European Union, responsible for implementing decisions and managing the EU budget.
Office for the Administration and Payment of Individual Entitlements PMO: A department of the European Commission responsible for the administration and payment of individual financial entitlements of staff.
General Secretariat of the Council GSC: The body providing support and advice to the European Council and the Council of the European Union.
Council of the European Union: One of the main legislative bodies of the European Union, composed of government ministers from each member state.
Staff Regulations of Officials of the European Union: The legal framework governing the rights and obligations of EU civil servants.
Conditions of Employment of Other Servants of the European Union: The legal framework governing the rights and obligations of other staff working for the EU institutions who are not officials.
Sysper: A human resources IT management tool used for the administration and payment of individual pecuniary entitlements of staff.
Brussels: The location where the decision was adopted.
17.5.2019 EN Official Journal of the European Union L 129/3
DECISIONS
COUNCIL DECISION (EU) 2019/792
of 13 May 2019
entrusting to the European Commission — the Office for the Administration and Payment of
Individual Entitlements (PMO) — the exercise of certain powers conferred on the appointing
authority and the authority empowered to conclude contracts of employment
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Staff Regulations of Officials of the European Union and the Conditions of Employment of Other
Servants of the European Union, laid down in Council Regulation (EEC, Euratom, ECSC) No 259/68 (1), and in particular
Article 2(2) of those Staff Regulations and Article 6 of those Conditions of Employment,
Having regard to Council Decision (EU) 2017/262 of 6 February 2017 determining, for the General Secretariat of the
Council, the appointing authority and the authority empowered to conclude contracts of employment, and repealing
Decision 2013/811/EU (2),
Whereas:
(1) The Office for the Administration and Payment of Individual Entitlements (PMO) of the European Commission is
responsible for the administration and payment of individual financial entitlements of staff of the European
Commission and, by way of service-level agreements, certain other Union institutions and bodies. As regards staff
of the General Secretariat of the Council (GSC), the PMO is responsible for the administration and payment of
pension rights and sickness insurance benefits. In those fields, the PMO exercises powers of the appointing
authority and the authority empowered to conclude contracts of employment, except with regard to the handling
of individual complaints concerning sickness insurance benefits. The PMO also provides a growing number of
other services and makes available its IT tools to the GSC.
(2) Management of individual entitlements by a single specialised body has proven to be more effective and cost-
efficient. It allows for the uniform application of the Staff Regulations of Officials of the European Union (‘the
Staff Regulations’) and the Conditions of Employment of Other Servants of the European Union (‘the Conditions
of Employment’) throughout the institutions, thus ensuring equal treatment of and enhancing legal certainty for
Union civil servants. It also allows for further administrative simplification and interinstitutional cooperation.
(3) In this context, the GSC and the PMO are to sign a service-level agreement (‘SLA’) extending the scope of services
provided by the PMO to the administration and payment of individual pecuniary entitlements of staff through
Sysper, a human resources IT management tool. In order to allow for the proper functioning of the agreement,
the exercise of relevant powers conferred on the appointing authority and on the authority empowered to
conclude contracts of employment for GSC staff should be entrusted to the European Commission (PMO).
Furthermore, as the new SLA replaces a previous service-level agreement on pension rights, unemployment
allowances and other entitlements upon termination of service, the PMO's powers in that field should be
confirmed.
(4) In the initial transitional period after the transfer to Sysper, the appointing authority and the authority
empowered to conclude contracts of employment of the Council should be able to exercise the powers in relation
to GSC staff in cases where a possible different interpretation of rules on individual entitlements applied by the
PMO compared to the interpretation applied in the GSC prior to the transfer to Sysper could have detrimental
effects for GSC staff,
(1) OJ L 56, 4.3.1968, p. 1.
(2) OJ L 39, 16.2.2017, p. 4.L 129/4 EN Official Journal of the European Union 17.5.2019
HAS ADOPTED THIS DECISION:
Article 1
1. Without prejudice to paragraph 2 of this Article, the exercise of powers conferred by the Staff Regulations on the
appointing authority and by the Conditions of Employment on the authority authorised to conclude contracts of
employment as regards GSC staff is entrusted to the European Commission — the Office for the Administration and
Payment of Individual Entitlements (PMO) - in relation to the application of the following:
(a) concerning individual entitlements:
— Articles 67 to 69, 71, 74 and 75 of the Staff Regulations and Articles 1 to 13 and 17 of Annex VII to the Staff
Regulations;
— Articles 19 to 27, 29, 92, 93, 94 and 97 of the Conditions of Employment;
(b) concerning the pension scheme and other entitlements upon termination of service:
— Articles 70 and 77, the second, third and fourth paragraphs of Article 78, and Articles 79, 80, 81, 81a and 82
of the Staff Regulations; Annex IV to the Staff Regulations; Article 4 of Annex IVa to the Staff Regulations;
Articles 2 to 12, Article 13(1), the first and third paragraphs of Article 14, and Articles 17 to 34 and 40 to 44
of Annex VIII to the Staff Regulations; and Articles 20 to 28 of Annex XIII to the Staff Regulations;
— Article 31, Article 33(1), Articles 34 to 40 and 43, the first paragraph of Article 44, Articles 99 and 101,
Article 102(2), and Articles 103 to 110 and 113 to 116 of the Conditions of Employment;
(c) concerning unemployment allowances: Articles 28a and 96 of the Conditions of Employment;
(d) concerning the recovery of overpayments made under the provisions referred to in points (a) to (c) of this
paragraph:
— Article 85 of the Staff Regulations and Article 46 of Annex VIII to the Staff Regulations;
— the second paragraph of Article 44, Article 45, Article 114(2) and Article 116 of the Conditions of
Employment.
2. Until 31 December 2021, the PMO shall notify the appointing authority or the authority authorised to conclude
contracts of the Council of any complaint received under Article 90(2) of the Staff Regulations or Articles 46 and 117
of the Conditions of Employment against a decision regarding a member of GSC staff taken under point (a) of
paragraph 1 of this Article, and provide information regarding its intended response. If in an individual case the
appointing authority or the authority authorised to conclude contracts of the Council so requests, the PMO shall
relinquish the exercise of the powers delegated under paragraph 1 of this Article, and the appointing authority or the
authority authorised to conclude contracts of the Council shall exercise its powers in such a case.
Article 2
This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.
Done at Brussels, 13 May 2019.
For the Council
The President
F. MOGHERINI