STAFF REGULATIONS

APPENDIX II: Regulations on appointments[1]

Article 1 – Scope. 2

Article 2 – Definitions. 2

Article 3 – Qualifications required for appointment to the various categories of posts or positions. 2

Article 4 – Medical fitness. 3

Article 5 – Staff movements. 3

A.     Transfers. 3

B.     Secondments. 3

Article 6 – Choice of appointment procedure. 3

Article 7 – Advertising of vacant posts or positions. 4

Article 8 – Applications. 4

Article 9 – Appointments Board.. 5

Article 10 – Composition of the Board.. 5

Article 11 – Validity of the Board’s decision.. 6

Article 12 – Functions of the Director of Human Resources with regard to recruitment, transfers and promotions. 6

Article 13 – Functions of the Board with regard to recruitment and promotions. 6

Article 14 – Functions of the Board with regard to underperformance measures  6

Article 15 – Recruitment procedure. 7

Article 15A – Recruitment for indefinite-term contracts. 7

Article 15B – Recruitment for fixed-term contracts. 7

Article 16 – Junior professional programmes and profiles with planned turnover  7

Article 17 – Probation.. 8

Article 18 – Probationary period.. 8

Article 19 – Appraisal during the probationary period.. 8

Article 20 – Confirmation in employment for an indefinite duration or for a fixed term    8

Article 20 bis – Maximum length of fixed-term employment. 9

Article 21 – Internal competition.. 9

Article 21 bis – Promotions within the same Major Administrative Entity. 10

Article 22 – Equality of opportunity. 10

Article 23 – Access for serving staff to category A posts by competitive examination   10

Article 24 – Beginning-of-career appointments and passage between categories of posts or positions. 10

Article 25 – Procedure for appointment to grades A6 and A7.. 12

5a.        External candidates. 12

5b.        Internal candidates. 12

5c.        Scope. 13

Article 26 – Special appointments procedures. 13

Article 27 – Appointment to posts in the Private Office of the Secretary General 14

Article 28 – Supernumerary transfer. 14

Article 29 – Exercise of responsibilities attaching to a higher post or position.. 14

Article  1 – Scope

1.         These regulations, issued in accordance with Part II of the Staff Regulations, set out the conditions under which staff members are recruited, transferred, seconded or promoted.

2.         These regulations shall be completed by a General Rule of the Secretary General detailing the procedures for their implementation.

Article 2 – Definitions[2]

1.         Recruitment is the appointment to a vacant post or position of a candidate following an external competitive selection procedure.

2.         Employment is the occupation for which the staff member is paid.

3.         Post is an employment approved by the Committee of Ministers, included in the Table of Posts.

4.         Position is an employment which is established for a fixed term.

5.         Transfer is the appointment of a staff member to another post or position carrying the same grade.

6          Secondment is the placement of a staff member, with or without remuneration, with another international organisation or with a national, regional or local administration.

7.         Promotion is the appointment of a staff member to a post or position carrying a higher grade.

8.         Vacancy refers to a post or position which is not filled.

Article 3 – Qualifications required for appointment to the various categories of posts or positions[3]

1.         Candidates for posts or positions in category A, which comprises staff members engaged in professional and/or managerial duties, must have a suitable higher education degree or qualification. Exceptionally, the degree or qualification requirement may be waived if the candidate has equivalent professional experience.

2.         Candidates for posts or positions as interpreters and translators in category L must have a higher education qualification and appropriate professional training or experience.

3.         Candidates for category B posts or positions involving administrative and/or team-supervisory duties must have reached an educational standard equivalent to a full course of general secondary education and possess appropriate professional qualifications.

4.         Candidates for category B posts or positions involving support duties must have reached an educational standard equivalent to an intermediate level of general secondary education and possess appropriate professional qualifications.

5.         Candidates for category C posts or positions, which involve technical, manual or service duties, must have reached an educational standard equivalent to a general primary education and, if need be, possess appropriate professional qualifications.

Article 4 – Medical fitness[4]

The candidate’s medical fitness to carry out the duties attaching to the employment applied for must be attested by a certificate in one of the two official languages of the Organisation issued following a medical examination by a physician chosen by the Secretary General.

Article 5 – Staff movements

A.        Transfers[5]

1.         When vacancies occur, the Secretary General may decide that they should be filled by transfer without an internal competition. In such cases, the staff members considered for transfer shall be invited to express their views.

2.         Heads of Major Administrative Entities[6], as defined by the Secretary General in a General Rule, may transfer or exchange staff within the administrative entity for which they are responsible. In such cases, they shall invite the staff members concerned to express their views and inform them in writing of the decision and of their new duties. The Director of Human Resources shall be informed before the transfer takes effect.

3.         Any staff member confirmed in employment may inform the Secretary General, via the Director of Human Resources, that he or she wishes to be assigned to another post or position in the same grade.

B.        Secondments

4.         Any staff member confirmed in employment for an indefinite duration may be seconded to work with or without maintenance of his or her remuneration for a limited period for another international organisation, or national, local or regional administration.

5.         The maximum period of secondment shall not exceed three years in the career of a staff member. This period may be extended in exceptional cases by a maximum period of three years by decision of the Secretary General. Periods of secondment shall not be taken into account within the context of Appendix VII to the Staff Regulations (Regulations on leave for personal reasons). If the staff member accepts a secondment at the request of the Secretary General, the time spent on such a secondment shall not be taken into account for the purposes of the calculation of the maximum period foreseen by this Article.

6.         The Secretary General will establish, by a General Rule, the modalities for and conditions under which such secondments will take place, with the proviso that staff members’ obligations and entitlements under the provisions of the Staff Regulations will not be diminished.

7.         In the cases referred to under Articles 25 and 26, the Secretary General shall also comply with the special procedures laid down.

Article 6 – Choice of appointment procedure[7]

1.         In the case of a vacant post or position and without prejudice to the provisions of Articles 5 (paragraph 1) 25, 26 and 27, the Secretary General shall decide, having regard to the provisions of Article 12 of the Staff Regulations:

a.         whether the post or position in question should be filled through recourse to the external recruitment procedure or be opened to internal competition among existing staff and;

b.         in the case of external recruitment, whether it is envisaged to fill the post or position in question by recourse to the procedure for indefinite-term contracts (Article 15 A) or to the procedure for fixed-term contracts (Article15 B);

c.         where the employment is to be for a job profile for which he/she has taken a decision under Article 16 of these Regulations, whether the post or position in question should be filled by recruiting a candidate from an existing reserve list or by recourse to the recruitment procedure provided for in that Article.

2.         In the case of a vacant post or position the Secretary General may also decide to appoint a suitable candidate named in a valid reserve list established under Article 15, paragraph 2, of these Regulations without having recourse to the recruitment procedure or an internal competition.

3.         In the case of beginning-of-career recruitment in category A, the Secretary General may hold a recruitment procedure confined to the nationals of one or more of the member states which are underrepresented in the Secretariat. Further, in exceptional cases, the Secretary General may hold for a vacant post or position a recruitment procedure confined to the nationals of one or more member states, whatever the category and grade of the post or position concerned and regardless of whether the state or states in question are underrepresented.

Article 7 – Advertising of vacant posts or positions[8]

1.         Except in the cases provided for in Articles 5 (paragraphs 1 and 2), 6 (paragraph 2), 26 and 27 and subject to the provisions of Article 25 of these regulations, all vacancies shall be advertised in accordance with the provisions of this article.

2.         If the external recruitment procedure is followed, the vacancy shall be brought to the knowledge of:

a.         the Permanent Representations, if the post or position is in category A, L or B;

b.         members of the Secretariat, by means of a suitable notice, so that they can compete, subject to the provisions of Article 6, paragraph 3;

c.         the public by means of suitable advertisements.

3.         If the internal competition procedure is followed, the vacancy shall be suitably notified within the Secretariat.

4.         The notice shall describe the duties attaching to the vacant post or position and state the conditions for eligibility, the qualifications required of candidates, the documents to be provided in support of the application and the time-limit for submission of applications. The time-limit shall not be less than two weeks in the case of internal competition and not less than three weeks in the case of external recruitment. ^[9]

5.         If the recruitment procedure is followed, the notice shall set out whether the recruitment is for employment on an indefinite-term contract or for employment on a fixed-term contract.

6.         In the case of recruitment under a job profile which the Secretary General has decided falls under the provisions of Article 16 of these Regulations, the notice shall stipulate the maximum duration of employment under such profile.

Article 8 – Applications[10]

Applications shall be admissible only if they comply with the conditions set out in the vacancy notice and all required information is provided.

Article 9 – Appointments Board[11]

1.         The Appointments Board (hereafter referred to as “the Board”) is the Secretary General’s advisory body in matters of appointment by recruitment or promotion, and in such other cases as are explicitly provided for in these Regulations. Its deliberations, reports, opinions and recommendations shall be confidential. The Board may indicate in its report which information may be communicated to unsuccessful candidates. In no case must personal information on a candidate be revealed to other candidates or third persons.

2.         Notwithstanding paragraph 1, the Board shall not be consulted in the case of:

·         appointments to A6 and A7 posts, which are covered by Article 25;

·         appointments to posts which are covered by Article 26;

·         appointments to posts in the Private Office of the Secretary General, which are covered by Article 27;

·         appointments to posts and positions which are filled by means of Article 5 or other transfers.

·         appointments to posts and positions under a job profile which the Secretary General has decided falls under the provisions of Article 16 of these Regulations.

·         promotions covered by Article 24, paragraphs a to d of these Regulations.

3.         Opinions and recommendations submitted to the Secretary General by the Board shall set out the reasons on which they are based, be signed by all persons having participated in the deliberations and, should the occasion arise, be accompanied by their dissenting opinions.

4.         The members of the Board shall be completely independent in the discharge of their duties: they shall not receive any instructions.

5.         The Board’s membership and functions are set out in Articles 10, 11, 13, 14, 17, 18, 20, 21 and 24 of these Regulations.

Article 10 – Composition of the Board[12]

1.         The Board shall comprise the following members with voting rights:

·         the Director of Human Resources or a staff member designated to this end by the Director of Human Resources;

·         a staff member of grade A5 at least appointed to this end for two years by the Secretary General (or his or her alternate);

·         a staff member designated by the Staff Committee;

·         in the case of recruitment or internal competition to fill a post or position in a specific Major Administrative Entity, a representative of this entity of at least the same grade as that of the post or position to be filled; in the case of recruitment to fill posts or positions in several Major Administrative Entities, a representative of one of these entities of at least the same grade as that of the post or positions to be filled;[13]

·         in the case of underperformance of a staff member, a representative of the same Major Administrative Entity of a higher grade than the staff member concerned;

2.         The Chair of the Board shall be the Director of Human Resources or his/her representative.

3.         The Deputy Secretary General and the Director General of Administration may decide to sit on the Board.  If the Deputy Secretary General sits on the Board, he or she shall take the Chair. If the Director General of Administration sits on the Board and the Deputy Secretary General does not, the former shall take the Chair. In such cases, the more senior person shall cast the vote of the Director of Human Resources.

4.         In the case of a parity vote, the Chair of the Board shall have the casting vote.

5.         The equal opportunities officer in the Directorate of Human Resources may sit on the Board in an advisory capacity.

6.         The Secretary General may invite up to two more persons, from outside the Council or from among serving staff, to sit on the Board in an advisory capacity.

Article 1 1 – Validity of the Board’s decision

Sessions of the Board shall be valid if at least three members are present.

Article 12 – Functions of the Director of Human Resources with regard to recruitment, transfers and promotions[14]

The Director of Human Resources shall be responsible for managing recruitment and internal competition procedures, for ensuring that the selection process is appropriate and consistent with the needs of the Organisation and for taking the necessary decisions in this regard. In the case of a procedure to fill a vacancy in a specific Major Administrative Entity, the Director of Human Resources shall work in close co-operation with the Major Administrative Entity concerned.

Article  13 – Functions of the Board with regard to recruitment and promotions[15]

At the end of a recruitment procedure or an internal competition which may result in the promotion of a staff member, the Board shall assess the procedure and submit a recommendation to the Secretary General on the basis of all the relevant information at its disposal. Where a number of applicants are included in the recommendation, they shall be listed in order of merit.

Article  14 – Functions of the Board with regard to underperformance measures[16]

1.         In the case of continued underperformance by a staff member who has undergone an individual performance enhancement procedure the Head of the Major Administrative Entity concerned shall transmit the relevant appraisal reports to the Appointments Board as well as a reasoned proposal for  one of the underperformance measures provided for in Article 22 bis, paragraph 3, of the Staff Regulations.

2.         The Appointments Board shall make a reasoned recommendation to the Secretary General on the imposition of an underperformance measure. Before making a recommendation the Appointments Board shall hear the staff member concerned (who may be accompanied by a person of his or her choice) and the Head of the Major Administrative Entity or his/her representative. The staff member may also submit written observations prior to the hearing. The recommendation shall be made within eight weeks of the referral by the Head of the Major Administrative Entity. The recommendation and any supporting documentation sent to the Secretary General shall also be sent to the staff member.

Article  15 – Recruitment procedure[17]

1.         Recruitment procedures shall consist of shortlisting of applications, assessments, and interviews:

·         shortlisting shall be based on the eligibility criteria detailed in the vacancy notice. Candidates who best match the requirements shall be invited to the next stage of the selection process;

·         assessments can include written papers, ability tests, knowledge tests, simulation exercises, situational judgement exercises, assessment centres, questionnaires, or any other type of assessment deemed appropriate for the recruitment needs; at least one assessment must be eliminatory;

·         interviews shall be conducted by the Appointments Board. The Secretary General may invite up to two more persons, from outside the Council or from among serving staff, to take part in the interviews in an advisory capacity.

2.         When the number of successful applicants in a recruitment procedure exceeds the number of vacant posts or positions open to competition, a reserve list placing applicants in order of merit may be drawn up.  Successful applicants shall be notified that their name appears on the reserve list.  A reserve list shall be valid for two years; its validity may be extended up to a maximum of four years.  

Article 15A – Recruitment for indefinite-term contracts[18]

In accordance with Article 6 of these Regulations, the Secretary General can decide that a recruitment procedure for an indefinite-term contract shall be held. The vacancy notice shall clearly state that the recruitment is for the career path leading to an indefinite-term contract.

Article 15B – Recruitment for fixed-term contracts[19]

In accordance with Article 6 of these Regulations, the Secretary General can decide that a recruitment procedure for a fixed-term contract shall be held. The vacancy notice shall clearly state that the recruitment is for the career path leading to a fixed-term contract.

Article  16 – Junior professional programmes and profiles with planned turnover[20]

1.         The Secretary General may determine, by means of a Rule, specific job profiles which shall exclusively be filled in the framework of junior professional programmes or for which it is in the interest of the Organisation that a regular turnover takes place. In such a Rule, the Secretary General shall also set a maximum duration for employment under such profiles. Total employment with the Organisation under such profiles shall not exceed that maximum duration.

2.         Profiles for which a Rule under the preceding paragraph has been drawn up shall be filled only by recruitment. Vacant posts or positions under such profiles shall not be open to internal competition.

3.         A recruitment procedure for such a profile shall, as a minimum, include the shortlisting of applicants and an interview. If necessary, assessments may be held after the shortlisting and may be eliminatory. The provisions of Article 15, paragraphs 1 and 2, of these Regulations, shall apply accordingly.

4.         Staff members recruited under such profiles shall not be eligible for any subsequent internal competition, promotion or transfer, or for secondment.

Article  17 – Probation[21]

1.         Staff members recruited in accordance with the provisions of Articles 15 and 16 of these Regulations on appointments shall be subject to a two^[22]-year probationary period during which time they shall be appointed on the basis of fixed-term contracts.

2.         During this period, either side may terminate the contract at two months’ notice. Should this notice period extend beyond the term of the initial contract, then that contract shall be extended accordingly.

3.         Termination of the contract on the initiative of the Secretary General shall be decided by him or her on the advice of the Board.

Article  18 – Probationary period[23]

1.         The probationary period is a trial and training period and may be extended by one year, in the case provided for in Article 20, paragraph 3.

2.         Where the probationary period has been interrupted for reasons outside the staff member’s control, the Secretary General may, on the advice of the Board, extend it by the length of the interruption.

3.         During the probationary period, the staff member shall be assigned to a Major Administrative Entity or to different Major Administrative Entities in turn. He/she shall be entrusted with duties corresponding to his or her grade to enable him or her to acquire the necessary training under the supervision of his or her superiors. The staff member shall take part in induction activities organised by the Director of Human Resources and covering the aims, structure and functioning of the Council.[24]

4.         During the probationary period, staff members cannot apply for internal competitions or be promoted.[25]

Article  19 – Appraisal during the probationary period

The conditions governing the appraisal of staff members during their probationary period are laid down in a General Rule. The provisions of Article 22 of the Staff Regulations apply, mutatis mutandis, to the appraisal of staff members during their probationary period.

Article 20 – Confirmation in employment for an indefinite duration or for a fixed term[26]

1.         Before the probationary period expires, the Board shall examine the staff member’s file and, in particular, his or her appraisal reports made in accordance with Article 19.

2.         If the staff member’s work is satisfactory, the Board shall recommend that the Secretary General confirm him or her in his or her employment.

3.         If the staff member’s work is the subject of conflicting opinions, the Board may, in exceptional cases, recommend that the Secretary General extend the probationary period in accordance with the provisions of Article 18, paragraph 1.

4.         If the staff member’s work is unsatisfactory, the Board shall recommend that the Secretary General terminate the employment, subject to the required notice being given. The staff member concerned shall be notified of this recommendation and shall have the right to submit observations to the Secretary General within eight working days.

5.         A fixed-term contract may initially be offered for a duration of at least six months and for a maximum duration of two years. It may be extended or renewed one or more times, each time for a maximum period of five years. When deciding whether a fixed-term contract shall be prolonged or not, the Secretary General shall take at least three criteria into account: the need of the Organisation in terms of competencies, secured funding and satisfactory performance of the staff member. The Secretary General may determine the application of these criteria and add additional criteria in a Rule.

6.            Staff members recruited for the career path leading to indefinite-term contracts shall be granted such a contract upon confirmation in employment.

7.         Following confirmation in employment, a staff member recruited for employment on fixed-term contracts shall be offered a fixed-term contract which may be renewed in accordance with the provisions of paragraph 5. Before a renewal which would bring the staff member’s service on fixed-term contracts with the Organisation to more than nine years, the Director General of Administration, having consulted the Major Administrative Entity concerned, shall examine the file and make a recommendation to the Secretary General whether the contract should be extended beyond nine years or expire.

8.         For staff members employed on fixed-term contracts following a competition under Article 15B of these Regulations and who are confirmed in employment, the Secretary General may decide to hold a special formal assessment procedure for specific profiles in specific grades allowing the successful candidates to be employed on indefinite-term contracts.

Article 20 bis – Maximum length of fixed-term employment[27]

Deleted.

Article 2 1 – Internal competition[28]

1.         Internal competitions are open to staff members holding the same grade or a grade lower than the grade of the vacancy to be filled.

2.         In cases of equal merit, preference shall be given first, to the applicant who already holds the grade of the post in question, second, to the applicant who has served longer in the grade immediately below and, as a subsidiary criterion, with the Council.

3.         The Secretary General may decide that the successful staff member be required to undergo a probationary period in the higher post for which he or she has applied before a decision is taken regarding his or her promotion. This period shall not exceed one year, at the end of which the Secretary General shall take a firm decision on the basis of a report by the staff member’s superiors; Article 19 shall apply by analogy. If the promotion is accorded, it shall have retroactive effect.

4.         Should an employment with duties and qualification requirements identical to those of the advertised post or position be vacant in the same Major Administrative Entity or become vacant within a time-frame of six months as a result of a decision of the Secretary General following an internal competition, the Secretary General may decide that the applicant ranked next in order of merit in accordance with Article 13, be appointed to the vacancy in question.

4 bis[29]. Staff members who are appointed to a new post or position following an internal competition shall not be eligible to apply for internal competitions for transfer which are advertised during the two years following that appointment.

5.         In the event of a post being upgraded, the Board shall consider whether the incumbent meets the requirements for promotion. If the incumbent does not satisfy the requirements for promotion, the post shall be opened for internal competition. The Secretary General shall establish, by a General Rule, the modalities for and conditions under which this provision will be applied.

Article 21 bis – Promotions within the same Major Administrative Entity[30]

Deleted.

Article 22 – Equality of opportunity[31]

1.         In the event of equal merit between a woman and a man both of whom are candidates in an external recruitment or internal competition procedure, preference shall be given, notwithstanding the provisions of Article 21 paragraph 2, to the candidate of the sex which is under-represented in the grade and category to which the vacancy belongs.

2.         A sex is under-represented in relation to the other when the proportion of staff of that sex in the grade and category to which the vacancy belongs is below 40%.

3.         The corrective measure set out above does not constitute discrimination prohibited by Articles 3 and 13 of the Staff Regulations.

Article 23 – Access for serving staff to category A posts by competitive examination[32]

Subject to the provisions of Article 6, paragraph 3, any serving staff member may apply for a post or position in category A thrown open to competition under the recruitment procedure. If successful, he or she shall be subject to the provisions of Articles 17, 18, 19 and, as appropriate, of Article 20, paragraphs 1, 2 and 3 or Article 21, paragraphs 1, 2 and 3. If his or her work has not proved satisfactory during the probationary period, he or she shall revert to his or her previous administrative status.

Article 24[33] – Beginning-of-career appointments and passage between categories of posts or positions[34]

a.         Conditions for appointment to grades A1, A2 and A3

1.         Staff members may be promoted from A1 to A2 and from A2 to A3 without changing post/position.

2.         The entry grade to this group of grades shall be A1. However, external candidates with six years’ professional experience involving duties similar to those exercised by A grade staff members shall be appointed to grade A2. The Secretary General shall set out, in a Rule, the conditions for granting additional steps to candidates with more extensive professional experience.

3.         Staff members shall be promoted to A2 on the date upon which their confirmation in employment takes effect.

4.         Staff members may be promoted to A3 after six years of service in the A2 grade upon a proposal by the Head of their Major Administrative Entity on the minimum condition that they have fully met the requirements of their post/position during the previous three years. On receipt of the proposal, the Director of Human Resources shall verify the relevant appraisals of the staff members concerned and submit the file to the Secretary General for his/her decision.

5.         Deleted.[35]

b.         Conditions for appointment to grades B1 and B2

6.         Staff members may be promoted from B1 to B2 without changing post/position.

7.         The entry grade to this group of grades shall be B1.  However, external candidates with four years’ professional experience involving duties similar to those exercised by B grade staff members shall be appointed to grade B2. The Secretary General shall set out, in a Rule, the conditions for granting additional steps to candidates with more extensive professional experience.

8.         Staff members shall be promoted to B2 on the date upon which their confirmation in employment takes effect.

c.         Conditions for appointment to grades C1 and C2

9.         Staff members may be promoted from C1 to C2 without changing post/position.

10.       The entry grade to this group of grades shall be C1. However, external candidates with four years’ professional experience involving duties similar to those exercised by C grade staff members shall be appointed to grade C2. The Secretary General shall set out, in a Rule, the conditions for granting additional steps to candidates with more extensive professional experience.

11.       Staff members shall be promoted to C2 on the date upon which their confirmation in employment takes effect.

d.         Conditions for appointment to grades L1 and L2

12.       Staff members may be promoted from L1 to L2 without changing post/position.

13.       The entry grade to this group of grades shall be L1. However, external candidates with six years’ professional experience involving duties similar to those exercised by L grade staff members, or with three years’ such professional experience and a post-graduate doctoral qualification, shall be appointed to grade L2. The Secretary General shall set out, in a Rule, the conditions for granting additional steps to candidates with more extensive professional experience.

14.       Staff members shall  be promoted to L2 on the date upon which their confirmation in employment takes effect.

e.         Special procedure for L and B grade staff wishing to become eligible for appointment to category A posts and positions

15.       The Secretary General shall organise on a regular basis a formal assessment procedure, which shall include a competitive examination, for L and B grade staff members wishing to become eligible for appointment to category A posts or positions. The procedure shall be open to all L grade staff members who have, in the opinion of the Appointments Board, fully met the requirements of their post/position during the previous three years. It shall be open also to B grade staff members who fulfil all of the following conditions: they have served for six years in the Organisation and they have, in the opinion of the Appointments Board, fully met the requirements of their post/position during the previous three years. A positive assessment will result in the staff member concerned being able to participate in internal competitions for vacant category A posts or positions.

f.          Eligibility of C grade staff for appointment to category B posts or positions

16.       Staff of category C may participate in internal competition procedures for category B posts or positions.

Article 25 – Procedure for appointment to grades A6 and A7

1.         Any vacancy at grade A6 or A7 shall be notified to Permanent Representations and published within the Secretariat unless, where particular circumstances so require, the Committee of Ministers shall decide otherwise on a proposal by the Secretary General.

2.         The Secretary General shall make an appointment after an informal exchange of views with the Committee of Ministers, during which he or she shall make known his or her intentions and the reasons for his or her choice.

3.         In the case of a post in the Secretariat of the Parliamentary Assembly, the Secretary General shall also inform the Bureau of the Assembly of his or her intentions at an informal exchange of views.

4.         The procedures provided for in paragraphs 2 and 3 above shall also apply to exchanges of staff members of the same grade.

5a.      External candidates

Recruitment to an A7 or A6 post shall be governed by an initial contract for a fixed term of two years, corresponding to a probationary period subject to the provisions of Articles 17 (paragraph 2) and 18 (paragraphs 1 and 4) of these Regulations on Appointments.

If the Secretary General decides to confirm the staff member’s appointment, such appointment shall be extended for one or more periods varying in length between one and five years.

If the Secretary General decides not to confirm the staff member’s appointment, he/she shall terminate it with three months’ notice.

Where the probationary period has been interrupted for reasons outside the staff member’s control, the Secretary General may extend it by the length of the period of interruption.

5b.      Internal candidates

Appointment to an A7 or A6 post shall initially be for a trial period of two years. During this period, staff so appointed shall retain their previous grade but be paid a monthly basic salary which corresponds to the remuneration they would have received if they had been promoted to the grade concerned (A7 or A6).

If the Secretary General decides to confirm the staff member in employment at the end of the trial period, he/she shall be promoted retroactively and re-appointed for three years. At the end of the period of five years, he/she shall be either kept in post, or assigned to another post at the same grade.

If the staff member is not confirmed in post at the end of the trial period, he/she shall be transferred to a post at his/her existing grade level (A5 or A6).

If the staff member is not maintained or assigned to another employment of the same grade, at the end of the five year period, he/she shall be assigned to a post of a lower grade but retain the grade he/she had reached. However, in the latter case, he/she shall receive no further increments for as long as his or her remuneration remains higher than he/she would have received if they had retained their previous grade.

5c.     Scope[36]

Paragraphs 5a and 5b shall not apply to appointments to elective positions of grades A6 and A7 in the Registry of the European Court of Human Rights and in the Congress of Local and Regional Authorities of the Council of Europe.

6.         Appointment of the Secretary to the Committee of Ministers shall not become effective until approved by the latter Committee. The Secretary General may terminate his or her appointment only after consulting that Committee.

7.         Deleted.[37]

Article 26 – Special appointments procedures[38]

1.         The Registrar and the Deputy Registrar of the European Court of Human Rights shall be elected by the Plenary Court[39]; the Secretary General shall make the appointments accordingly.

2.         Without prejudice to the other provisions of these regulations, appointment of the staff members listed below shall be subject to observance of the following existing procedures:

a.         Deleted.[40]

b.         The Director of the European Directorate for the Quality of Medicines is appointed by the Secretary General on the advice of the Directorate and of the Commission for the European Pharmacopoeia;[41]

c.         The Secretary General of the Congress of Local and Regional Authorities of the Council of Europe (Congress) shall be elected by the Congress for a renewable term of five years; the Secretary General of the Council of Europe shall make the appointment accordingly. The Secretary General of the Council of Europe shall also appoint a Director of the Congress following consultation with the Bureau of the Congress.[42]

In relation to the Executive Secretaries of each Chamber, the Secretary General of the Council of Europe shall appoint them after an informal exchange of views with the President of the Chamber concerned, during which he or she shall communicate his or her intentions and the reasons for his or her choice.

d.         The Executive Council of the Audiovisual Observatory designates the Executive Director of the Observatory, with a view to his or her appointment by the Secretary General of the Council of Europe[43].

e.         The Executive Director of the Support Fund for the co-production and distribution of creative cinematographic and audiovisual works “Eurimages” shall be appointed for two years by the Secretary General of the Council of Europe, after consultation with the Board of Management of the Fund. The appointment shall be renewable.^[44]

f.          The Secretary General shall appoint an Internal Auditor. S/he shall be appointed for a period of six years, including a probationary period of two years. His/her appointment, which shall be renewable once only, shall become effective only after approval by the Committee of Ministers.^[45]The term of office may be shortened to comply with the age limits laid down in Article 24, paragraph 1, and, if applied by the Secretary General, Article 24bis, paragraph 1, of the Staff Regulations. If the candidate appointed is already a staff member at the moment of his/her appointment and is not confirmed in post at the end of the probationary period, he/she shall be transferred to a post at his/her previous grade level.  If the mandate of such a candidate comes to an end, paragraph 3 of this Article shall apply accordingly.

3.         Those elected to a post under this Article who were already staff members at the moment of their election, whose mandate comes to an end and who are not re-elected shall be assigned to a post of the same grade, or a post of a lower grade but retain the grade they had reached. However, in the latter case, they shall receive no increments for as long as their remuneration remains higher than the one they would have received if they retained their previous grade.

Article 27 – Appointment to posts in the Private Office of the Secretary General

1.         Articles 6 to 21 and Article 25 of these regulations shall not apply to appointments to posts in the Private Office of the Secretary General. Before appointing the Head of the Private Office, the Secretary General shall inform the Committee of Ministers of his or her intentions.

2.         A staff member recruited from outside to a post in the Private Office shall be given a contract of fixed duration for not more than two years, which shall be renewable but whose final date of expiry shall not be later than that of the Secretary General’s term of office.

3.         A staff member transferred to a post in the Private Office carrying a higher grade than his or her present one, or an official assigned to a post of a higher grade during his or her work in the Private Office, shall be paid a personal allowance equivalent to the difference between the salary attaching to the post he or she occupies in the Private Office and the salary attaching to his or her grade. He or she may not be promoted until two years after the date of the transfer.

Article 28 – Supernumerary transfer

1.         Where a staff member is to be transferred and there is no vacant post in his or her own grade, the Secretary General may transfer the staff member as an exception and for a limited time to a post in a lower grade without prejudice to his or her rights and subject to the provisions of Article 5, paragraph 2, of these regulations.

2.         The supernumerary staff member shall be transferred to a post in a grade corresponding to his or her own and in keeping with his or her qualifications as soon as a vacancy occurs.

3.         For A6 and A7 staff members, the Secretary General shall make a supernumerary transfer after an informal exchange of views with the Committee of Ministers, during which he or she shall make known his or her intentions and the reasons for his or her decision.

Article 29 – Exercise of responsibilities attaching to a higher post or position

1.         A staff member may be called upon by the Secretary General, on an exceptional basis and in the interest of the service, to assume the responsibilities attaching to a post or position carrying a grade immediately higher than his or her own which is vacant or whose holder is temporarily unable to carry out his or her duties.

2.         In such cases, an extra duties allowance shall be paid to the staff members concerned during the period in question.