Personalbeurteilung

Opinion of 9 October 2007 on the notification for prior checking on "SYSPER 2: promotion" (Case 2007-192)
The Promotion module of SYSPER 2 is the IT tool the Commission uses to manage the annual promotion exercise and implement the provisions of Article 45 of the Staff Regulations of Officials of the European Communities, which provide that the Appointing Authority shall select officials eligible for promotion, after comparative consideration of their merits.
The main recommendations made by the EDPS in his opinion on the promotion procedure managed by the Promotion module of Sysper 2 concern data quality, data retention and information to be given to data subjects.

Opinion of 4 October 2007 on the notification for prior checking regarding the case "Verification of the declarations concerning special allowances at the Joint Research Centre" (Case 2007-328)
Le Centre Commun de Recherche (CCR) utilise le système d'indemnités spéciales prévu par le statut des fonctionnaires des Communautés européennes aux articles 56, 56 bis, 56 ter, 56 quater. Afin de contrôler les attributions de ces indemnités, le CCR a mis en place un système de vérification des déclarations des personnes concernées par les indemnités spéciales. Si le CEPD est globalement satisfait du traitement proposé, il a émis deux recommandations à propos de l'information des personnes concernées. Il a demandé que la finalité concernant la vérification des déclarations des indemnités spéciales et la base juridique du traitement soient clairement indiquées dans la déclaration de confidentialité.

Opinion of 4 October 2007 on a notification for prior checking on the Early Warning System (Case 2007-243)

The purpose of the Early Warning System (EWS) is to ensure the circulation of restricted information concerning third parties who could represent a threat to the Communities' financial interests and reputation or to any other fund administered by the Communities, with respect to which the Commission has a reasonable chance of entering, or has already entered, a contractual/conventional relationship with them.

As regards OLAF's function in the EWS, one has to differentiate between two separate roles:

• OLAF in its capacity as an investigative body may provide information leading to W1a and b flagging under Article 2(1) and (2) of the EWS Decision and W2a and W3b flagging under Article 3 and 4 of the EWS Decision.
• Like other DGs of the European Commission OLAF is eligible to initiate different flaggings not covered by its capacity as an investigative body. These flaggings are not analysed in the present opinion. OLAF's relation to the EWS as a 'normal Directorate-General' of the European Commission has already been prior checked by the EDPS. Access to the warnings also does not fall within the scope of this opinion.

Opinion of 3 October 2007 on the notification for prior checking regarding the "certification procedure" dosser (Case 2007-434)

The main recommendations made by the EDPS in the context of his opinion on the certification procedure concern the storage of data and the information supplied to data subjects.

Opinion of 4 September 2007 on the notification for prior checking on the "Assessment of the ability to work in a third language (application of Article 45(2) of the Staff Regulations" (Case 2007-88)

Article 45(2) of the Staff Regulations, which entered into force on 1 May 2004, provided for a process of assessment of staff's ability to work in a third language before the first promotion after recruitment. "Officials shall be required to demonstrate before their first promotion the ability to work in a third language among those referred to in Article 314 of the EC Treaty. The institutions shall adopt common rules by agreement between them for implementing this paragraph (…)."  The common rules laying down the procedure for implementing Article 45(2) of the Staff Regulations were adopted by all institutions at the end of December 2006. The assessment, based on tests or on certificates/diplomas, is carried out by EPSO in conjunction with assessment committees or by processors.

The EDPS made a number of recommendations in his opinion on EPSO's assessment of the ability to work in a third language; these chiefly concern the transfer -of data, the wording of contracts between EPSO and processors, and reviewing automated individual decisions.