Updated 05 May 2017
Updated text is marked in blue
CONFIDENTIAL – INTERNAL USE ONLY
Q&A on Brexit
What happens to staff who are UK nationals?
For the moment the position of UK staff is the same as for all other staff: your contracts
remain in place, and UK staff will be treated equally with other staff, whether in relation
to contract renewals, reclassification or otherwise.
The Staff Regulations/CEOS provide that TA and CA contracts terminate if a staff member
no longer has an EU nationality. So once withdrawal occurs that could affect some UK
staff who do not have another nationality. But that is some distance away, and the
Executive Director can make exceptions. It is also possible that there will be specific
arrangements made as part of the withdrawal process. We will keep UK staff updated as
and when decisions need to be taken.
UK staff at EU bodies, including the EBA, have established informal networks to share
information and to raise issues relating to their position.
Can UK nationals still be employed by the EBA?
Yes – see above for existing staff.
While the UK remains an EU Member State, UK nationals are free to apply for jobs that
we advertise and we will continue to treat them in the same way as other applicants.
While recruits usually need to have an EU nationality, it is possible to make exceptions
(our vacancy notices already provide for applications by nationals of the EEA EFTA States),
and we will review our policy closer to the time of formal withdrawal.
What happens to my contract of employment when the EBA moves? Do I keep it? Do I
have to move?
We will be engaging with Commission, Council and European Parliament and will keep
staff informed of the proposals for changes to the EBA’s seat.
The EBA intends to honour the contracts that it has made in line with the terms of the
Staff Regulations and CEOS, including as and when the EBA’s seat changes.
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The general position is that EU civil servants can be asked to relocate within the Union.
We realise that can be a difficult process, particularly for those with families. Once we
know more about how the EBA will be affected by the UK’s withdrawal we will engage
with you all to explain the process and to listen and respond to concerns you may have.
When will the move happen? Where will we move to?
Any change to the EBA’s seat will need to be proposed by the Commission and decided by
the co-legislators – the Parliament and Council – as it means amending the EBA
Regulation. We will be engaging with the Commission, European Parliament and Council
and will keep you informed as and when we know more. When engaging with the EU
institutions we will take into account staff views, including the need for swift decisions
accompanied by reasonable implementation periods.
Following the European Council meeting at the end of April 2017 the indications are that
the June 2017 European Council could discuss criteria for the relocations of the EBA and
EMA, with a view to decisions being taken in Autumn 2017. A number of countries have
indicated that they would like to host the EBA.
What happens with the correction coefficient and salary exchange rate?
The exchange rate element of the calculation of the correction coefficient will be based
on the exchange rate on 1 July, but has no effect on the salary received by staff: it affects
only the budgetary charge to the EBA. The calculation of the correction coefficient will
continue as usual, with the final decision on its value being made in December by the
European Parliament1.
What should I do about my house/flat rental/school arrangements?
There are no decisions to be made immediately. We expect the withdrawal process to
take some time, and we will communicate to staff the plans for the EBA as they develop.
We recognise the difficult process that lies ahead as and when the EBA is moved and we
will engage with you all to explain the process and to listen and respond to concerns you
may have.
Will the EBA’s size change as a result of the move?
The EBA’s annual budgets continue to be developed in the usual way and in 2017 this led
to a small increase in the number staff at the EBA. Once more information is known on
the relocation timing and destination we expect to prepare an amending budget to cover
relocation costs. Future budgets will need to take into account any decisions on the EBA’s
location and on the possible future move of the ESAs to a system of industry funding.
1 https://myintracomm.ec.testa.eu/hr_admin/en/pay/Pages/adapt.aspx
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My spouse is a non-EU citizen. In the UK spouses of EBA staff receive a card from the
Foreign and Commonwealth Office, which waives the holder from border controls and
allows my spouse the right to take on employment. Can these rights be assured with the
Foreign Office of the country of the new location?
While the EBA has no formal say in its location, when we engage with the Commission,
European Parliament and Council we do raise issues such as the importance of a family-
friendly environment including multilingual European-oriented schooling and work
opportunities for spouses when choosing a new host for the EBA. Indeed such issues are
among the objective criteria which t
he inter-institutional joint statement on decentralised
agencies suggests may be taken into account. Once a new host has been chosen the EBA
will engage with that Member State to seek a new headquarters agreement which sets
out the facilities and specific rules that will apply to the EBA and its staff.
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