eca decision07 2006.pdf

CONTENTS
page
CHAPTER 1: PRINCIPLES AND OBJECTIVES
4
CHAPTER 2: ADMINISTRATIVE RESPONSIBILITIES
IN THE AREA OF TRAINING
5
CHAPTER 3: DETERMINATION OF TRAINING REQUIREMENTS
AND COURSE PLANNING
6
CHAPTER 4: TRAINING COURSES
7
SECTION 1: GENERAL PROVISIONS
7
SECTION 2: COURSES IN THE SOLE INTEREST OF THE COURT
8
SECTION 3: COURSES IN THE JOINT INTEREST OF THE MEMBER OF STAFF AND THE COURT
9
CHAPTER 5: APPLICATIONS TO ATTEND A TRAINING COURSE
10
SECTION 1: GENERAL PROVISIONS
10
SECTION 2: APPEAL PROCEDURES
11
CHAPTER 6: PROVISIONS SPECIFIC TO LANGUAGE COURSES
12
SECTION 1: LANGUAGE COURSES ORGANISED WITHIN AN INTERINSTITUTIONAL FRAMEWORK
12
SECTION 2: LANGUAGE COURSES OUTSIDE THE INTERINSTITUTIONAL FRAMEWORK
13
CHAPTER 7: TRANSITIONAL AND FINAL PROVISIONS
15

TRIBUNAL DE CUENTAS EUROPEO
IL-QORTI EWROPEA TA’ L-
AWDITURI
EVROPSKÝ ÚČETNÍ DVŮR EUROPESE
REKENKAMER
DEN EUROPÆISKE
EUROPEJSKI TRYBUNAŁ
REVISIONSRET
OBRACHUNKOWY
EUROPÄISCHER RECHNUNGSHOF

TRIBUNAL DE CONTAS EUROPEU
EUROOPA KONTROLLIKODA
CORTE DEI CONTI EUROPEA
EURÓPSKY DVOR AUDÍTOROV
ΕΥΡΩΠΑΪΚΟ ΕΛΕΓΚΤΙΚΟ
EIROPAS REVĪZIJAS PALĀTA EVROPSKO
RAČUNSKO SODIŠČE
ΣΥΝΕ∆ΡΙO
EUROPEAN COURT OF AUDITORS EUROPOS
AUDITO
RŪMAI
EUROOPAN
TILINTARKASTUSTUOMIOISTUIN
COUR DES COMPTES
EURÓPAI SZÁMVEVŐSZÉK EUROPEISKA
REVISIONSRÄTTEN
EUROPÉENNE

DECISION NO 7-2006 LAYING DOWN THE RULES OF THE EUROPEAN COURT OF
AUDITORS ON TRAINING
THE EUROPEAN COURT OF AUDITORS
Having regard to
the Staff Regulations of officials of the European Communities, and in
particular Article 24a thereof,
Having regard to
the Conditions of employment of other servants of the European
Communities, and in particular Articles 11 and 54 thereof,
Having regard to
Decision No 87-10 of 26 February 1987 by the Appointing Authority
setting up a Joint Committee on Training,
Having regard to
Opinion No 3/05 by the Joint Committee on Training of 19 October
2005,
Having regard to
Decision No 1-2002 of 30 January 2002 laying down the Rules of the
European Court of Auditors on Training,
Having regard to
the discussions of the Court of Auditors at its 774th meeting on 12
January 2006,
Whereas training is an important and permanent aspect of the Court's activities;
Whereas training assists in achieving the objectives conferred upon the Court by the Treaties
and specified by the latter in its audit policies and standards;
Whereas training is also an important part of the Court's human resources' management
policy;
Whereas the Rules on Training should be adapted to the ever-changing working environment
of Court staff,
HAS DECIDED:
12, RUE ALCIDE DE GASPERI
TÉLÉPHONE 43 98 – 1 TÉLÉFAX 43 93 42

L - 1615 LUXEMBOURG
ADRESSE TÉLÉGRAPHIQUE : EURAUDIT LUXEMBOURG
TÉLEX 3512 EURAUD LU

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CHAPTER 1: PRINCIPLES AND OBJECTIVES

Article 1
Within the context of these Rules, the terms below should be understood in the meanings
given:
-
"member of staff": any official or temporary, auxiliary or contract member of staff at the
Court, with the exception of persons recruited for a period of less than one year;
-
"hierarchical superior": the authority to whom the member of staff is directly and
immediately responsible, i.e. usually the Head of Division or Head of Unit or, in their
absence, the Director of the Group concerned;
-
"managing department": the Training Unit;
-
"Committee": the Joint Committee on Training;
-
"working day": any day normally worked at the Court excluding Saturdays, Sundays and
public holidays;
-
"authority responsible for appeals": the Secretary-General, who is responsible for
training, or a Member appointed by the Administrative Committee where the member of
staff who is lodging an appeal in respect of a decision concerning him/her comes under
the hierarchical authority of the Secretary-General.
Article 2
The purpose of training is to increase the quality of the work produced by Court staff and to
promote their further training and instruction and staff mobility. It should enable them to
acquire the knowledge required to apply the Court's working methods and to keep their
specialised knowledge up-to-date. Its final objective should be to improve the performance of
the Court's work and activities from the viewpoint of effectiveness, efficiency and economy.
In order to achieve these objectives, taking into account the resources available, such
training courses shall be organised as are consistent with the sound functioning of the
Court's departments and are in the mutual interest of the Court and its staff.
Article 3
Training is aimed at all Court staff, irrespective of their grade or post.
Article 4
Training comprises the following:
-
the initial training of newly-recruited staff;
-
the on-going training of all Court staff, including:
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-
courses to promote the acquisition of the know-how required for members of staff to
carry out present and future duties;
-
courses to be attended at specific stages throughout a member of staff's career;
-
general on-going courses covering the Court's sectors of activity.
Article 5
Some course modules may be made compulsory, in particular in the following cases:
-
during the probationary period following recruitment or hiring by the Court;
-
during moves from one category to another or from one career bracket to another;
-
on taking up managerial duties;
-
within the context of an on-going training programme.
The compulsory nature of a course module results froma Court Decision. The courses of
which each module is composed shall be determined by a decision of the Secretary-General.
The compulsory nature of a course may also be established by a substantiated decision by
the hierarchical superior, approved by the Member responsible, in accordance with the
administrative provisions adopted by the Audit Groups or, where appropriate, by the
Secretary-General.

CHAPTER 2: ADMINISTRATIVE RESPONSIBILITIES IN THE AREA OF TRAINING

Article 6
The Secretary-General shall be responsible for all activities related to training. He/she may
delegate this responsibility to the Director who, on account of his/her position, supervises the
work of the managing department.
Article 7
The managing department shall ensure the practical management of training activities and,
in particular, the implementation of the training programme.
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Article 8
The Members of the Court or, where necessary, the Secretary-General, shall authorise
applicant members of staff subordinate to them to attend training courses. The Members of
the Court may delegate this responsibility to members of staff subordinate to them, in
accordance with the administrative provisions adopted by the Audit Groups. The Secretary-
General may also delegate this responsibility to members of staff subordinate to him/her.

CHAPTER 3: DETERMINATION OF TRAINING REQUIREMENTS AND COURSE
PLANNING

Article 9
Training requirements shall be determined by the Court, on the one hand, and by each
individual member of staff, on the other hand.
Article 10
The Court shall adopt a directional plan, in principle once every four years, and an annual
training programme every year.
These documents aim to enable the Court to take decisions and to inform Court staff of the
general guidelines adopted in the area of training, as well as the planning and
implementation of professional courses.
The procedure for drafting these documents and their contents are laid down in the
Implementing Provisions for these Rules.
Article 11
The Court may give the managing department additional guidelines on the basis of its overall
priorities and requirements.
Article 12
Members of staff shall determine their individual training requirements after consulting their
hierarchical superiors. In this light, and in order to promote the achievement of the objectives
referred to in Article 2 above, a personal development plan shall be drawn up for each
member of staff. The detailed objectives, structure, implementation period and contents of
this plan are defined in the Implementing Provisions for these Rules.
Article 13
When it is drawing up the annual training programme, the managing department shall take
account of the guidelines given by the Court and record the training requirements of staff set
out in Article 12 above.
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Article 14
The audit divisions shall incorporate their staff's training plans in their annual work
programmes.
The other departments shall take account thereof in planning their activities.
In order to facilitate the drawing-up of work programmes and to ensure that staff are
available for training courses, the managing department shall inform Court staff, where
possible, of the probable dates of the training courses mentioned in the training programme.

CHAPTER 4: TRAINING COURSES

SECTION 1: GENERAL PROVISIONS

Article 15
The Court offers three types of training course to its staff:
-
compulsory courses, organised by the managing department,
-
optional courses, organised by the managing department, i.e. at its own initiative, or
following a request by a member of staff, a division or a Court Department,
-
courses organised at interinstitutional level.
Self-study courses followed by staff at the European Commission's "Learning Centre" during
working hours fall into this last category.
Article 16
Members of staff may also request at their own initiative to attend an external training course
not provided for by the managing department, whether the course be continuous or take
place at intervals over a longer period.
External training courses at the member of staff's sole initiative shall be defined as any
training course given by a public or private body attendance at which is requested at the
applicant member of staff's own initiative, whether at the prompting or not of the hierarchical
superior, although the course concerned is neither proposed nor organised by the Court.
If the course is spread over several days or split between one or more working days' rest, it
shall be deemed to be discontinuous.

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Article 17
The training courses covered by these Rules fall into two categories:
(a)  training that is in the sole interest of the Court;
(b)  training that is in the joint interest of both the Court and the member of staff.
All the member of staff's entitlements as regards docking leave, granting of special leave or
travelling time and financial cover shall depend upon the value of the course for the Court
and the member of staff.
Article 18
The value may be assessed on the basis of the relation existing between the subject matter
of the training course and the nature of duties to be carried out or likely to be carried out by
the applicant member of staff on the basis of the criteria set out in the following Articles. It
may also be assessed on the basis of the objectives referred to in Article 2 and, in particular,
the improvement of staff's knowledge.
Article 19
The assessment of the value of a training course is made on the day that the application is
submitted by the member of staff concerned, taking into account his/her position at that date
and also his/her subsequent career prospects corresponding to his/her service or category.
Article 20
The extent of the value that a training course may have for a member of staff and for the
Court results from the managing department's assessment, based on the criteria established
below and on those contained in the Implementing Provisions for these Rules.

SECTION 2: COURSES IN THE SOLE INTEREST OF THE COURT

Article 21
Training shall be considered to be in the sole interest of the Court if its subject matter is
immediately related to the nature of the duties carried out or likely to be carried out by the
applicant member of staff, taking into account his/her category and the post he/she occupies
or that he/she may be required to occupy.
Article 22
Any courses included in the annual programme shall be deemed to be in the sole interest of
the Court provided that the member of staff satisfies the eligibility requirements for
attendance.
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Article 23
The language courses organised at interinstitutional level, notwithstanding the limits referred
to in Article 39 and subject to Article 40 below, shall by definition be presumed to be followed
in the sole interest of the Court independently of the post held by the member of staff,
provided however that they are Community languages or languages knowledge of which is
essential to enable the member of staff to carry out his/her present or future duties.
Article 24
Courses not listed in the annual programme:
-
shall be considered to be of sole interest to the Court when they are organised at the
sole initiative of the managing body;
-
may be of sole interest to the Court on condition that they fulfil the conditions laid down
in the Implementing Provisions for these Rules.
Article 25
The time required to attend a training course classified as being in the sole interest of the
Court shall be considered as working time.
If the course is held outside the place of employment, a mission order should be drawn up in
the name of the staff member's department. For courses which take place in Luxembourg, it
is not necessary to draw up such a document, the convening letter being tantamount to a
mission order without any allowance due.
Any enrolment fees shall be covered by the Court, on submission of supporting documents,
out of the training budgetary appropriations, except for all other expenditure or allowance
related to transport and subsistence, which shall be covered by the staff member's
department.

SECTION 3:  COURSES IN THE JOINT INTEREST OF THE MEMBER OF STAFF
AND THE COURT

Article 26
A course in the joint interest of the Court and the member of staff shall be any course that is
not listed in the annual programme dealing with areas which may be of interest to the Court
without, however, there being a direct link between the subject matter of the course and the
nature of the applicant member of staff's present or future duties, provided that it fulfils the
conditions laid down in the Implementing Provisions for these Rules.

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Article 27
Courses classified as being in the joint interest of the member of staff and the Court may,
under the conditions laid down in the Implementing Provisions for these Rules, give
entitlement to special leave for training, on the one hand, and special leave for examinations,
on the other hand, and to the partial reimbursement of enrolment fees, on submission of the
supporting documents.

CHAPTER 5: APPLICATIONS TO ATTEND A TRAINING COURSE

SECTION 1: GENERAL PROVISIONS

Article 28
In order to qualify as admissible by the managing department, all requests to attend courses
must be endorsed by the Member or the Secretary-General for staff under their authority, in
accordance with the procedures laid down in Article 8.
Refusal of endorsement by the Member or the Secretary-General must be justified in writing
and sent to the applicant member of staff. A copy of the refusal decision shall be sent to the
managing department.
Article 29
All requests to attend training courses shall be subsequently examined by the managing
department. The latter shall assess whether the applicant member of staff fulfils the eligibility
requirements, evaluate the application in the light of the criteria set out in Article 2 and shall
decide upon the value of the course in accordance with the criteria set out in Section 1 of
Chapter 4.
Article 30
In the case of persons recruited for a period of less than one year, the managing department
shall assess the course applications in accordance with the criteria laid down in the
Implementing Provisions for these Rules.
Article 31
In the absence of endorsement by the managing department, any attendance, should
enrolment go ahead, will be considered as being neither in the sole interest of the Court, nor
in the joint interest of the latter and the member of staff.
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Article 32
In the event of endorsement by the managing department, the member of staff attending the
training course shall undertake to observe the obligations set out in the Implementing
Provisions for these Rules.
Article 33
The provisions in respect of forms and the closing-date for applications are contained in the
Implementing Provisions for these Rules.

SECTION 2: APPEAL PROCEDURES

Article 34
Appeals may be lodged against:
-
any individual decision taken by the managing department, involving either the eligibility
criteria or the value of attending the course;
-
the decision reiterated by the Member concerned or the Secretary-General to refuse the
endorsement referred to in Article 28 in respect of the same training course.
Article 35
Appeals should be submitted to the authority responsible for appeals within a three-month
period as from the day the member of staff receives notification of the decision.
At the same time and within the same time-limits, the member of staff shall send a copy of
his/her appeal to the Chairman/Chairwoman of the Committee, who shall officially
acknowledge receipt thereof, this act of forwarding being tantamount to referral to the
Committee for opinion.
Article 36
The Chairman/Chairwoman of the Committee shall convene the said Committee as soon as
possible. The Committee shall deliver its opinion after having heard the various parties by no
later than the month following receipt of the copy of the appeal. The opinion shall be
forwarded confidentially to the authority responsible for appeals. The Committee may request
any further information deemed necessary for forming its opinion.
Article 37
Within fifteen working days as from the date of receipt of the Committee's opinion, the
authority responsible for appeals shall make an ultimate and final decision. Where the
authority responsible for appeals is absent, the deadline shall be extended accordingly.
His/her decision, together with the Committee's opinion, shall be notified in writing to the
member of staff and duly substantiated in the event of refusal. Where the appeal is lodged
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against a decision to refuse the endorsement referred to in Article 28, the appeal decision
shall also be notified to the Member concerned or the Secretary-General.
The authority responsible for appeals should ensure that the decision is taken in enough time
to allow, where necessary, the applicant member of staff to enrol for the training course
concerned.
Article 38
The decision of the authority responsible for appeals shall constitute the decision within the
meaning of Article 90 of the Staff Regulations against which the member of staff shall be
entitled to lodge a complaint.

CHAPTER 6: PROVISIONS SPECIFIC TO LANGUAGE COURSES

SECTION 1: LANGUAGE COURSES ORGANISED WITHIN AN INTERINSTITUTIONAL
FRAMEWORK

Article 39
The Court of Auditors, in conjunction with the other institutions located in Luxembourg and
the European Investment Bank, makes available to its staff a series of language courses
which aim to facilitate the learning and perfecting of languages. These jointly-organised
courses are held in Luxembourg. They take several forms and cover more especially the
official Community languages but also some other languages whose knowledge is important
in view of the geographic spread of Community activities and possible accessions.
Within this framework, staff shall be entitled, except where the service requires otherwise, to
an annual language course credit in the sole interest of the Court, including repeats, which
shall be determined in the Implementing Procedures for these Rules. In this area Article 30
shall apply to persons recruited for a period of less than one year.
Before starting a new level of language course, the member of staff must give evidence that
he has completed the previous cycle. Where this has not been completed, the member of
staff's enrolment shall be subject to prior endorsement by the managing department.
If a member of staff is prevented from attending a course, either for professional reasons
which are duly justified by his/her hierarchical superior or on account of circumstances
outside his/her control, for a period exceeding the duration of 30 hours' teaching, this course
shall not be deducted from his/her annual language training credit.
Once the annual credit of language courses laid down in the Implementing Provisions has
been exhausted, any other language course shall be considered to have been attended in
the joint interest of the member of staff and the Court.

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Article 40
By way of derogation from subparagraphs 2 and 5 of Article 39 above, any Community
language which is being learnt by a translator or reviser shall, on account of the specific
nature of their work, be considered as being in the sole interest of the Court. The same shall
apply for non-Community languages whose knowledge is essential for the current and future
functioning of the Translation Directorate. The need for a translator or reviser to learn a non-
Community language should be expressly attested to and justified by his/her hierarchical
superior. On applying this last provision and in the absence of a sufficient link with the
member of staff's present or future duties, the managing department may refuse an
application in the sole interest of the applicant member of staff.
Article 41
The detailed provisions in respect of this section are contained in the Implementing
Provisions.

SECTION 2: LANGUAGE COURSES OUTSIDE THE INTERINSTITUTIONAL
FRAMEWORK

Article 42
Attendance of a language course outside the interinstitutional framework existing in
Luxembourg shall be considered as being in the joint interest of the member of staff and the
Court.
Members of staff who, for the language course concerned, have studied beyond course level
4, including at least one level at interinstitutional level, may apply to attend a language
course held outside the interinstitutional framework
This type of course must take the form of an intensive summer course during the period from
the beginning of June until the end of September. The contents of the course should at least
be equivalent to the level for which the member of staff could have applied at interinstitutional
level. By way of derogation, in duly justified cases, the managing department may accept the
application of a member of staff who has not fulfilled these criteria.
If a non-Community language is involved, the member of staff may be authorised to attend
courses in the country whose language is being learnt provided that the number of hours
does not exceed that specified for a course organised at interinstitutional level.
Article 43
By way of derogation from Article 42 and subject to the budgetary resources available,
translators and revisers shall be entitled in the sole interest of the Court, and once only
during a cycle of courses to learn a Community or non-Community language, to attend a
course in the country of the language being learnt. These courses may only concern
languages declared to be priority by the Director of Translation. The number of hours for
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whichthese courses last may not exceed that specified for a course organised at
interinstitutional level.
By way of derogation from Article 42 and subject to the availability of budgetary resources,
members of the Court's staff other than translators and revisers shall be entitled in the sole
interest of the Court, and once only during a cycle of courses to learn French or English, to
attend a course in the country of the language being learnt. Members of staff who, for the
language course concerned, have studied beyond course level 4, may apply to attend a
language course held outside the interinstitutional framework.
This last type of course must take the form of an intensive summer course during the period
from the beginning of June until the end of September. The contents of the course should at
least be equivalent to the level for which the member of staff could have applied at
interinstitutional level. The number of hours for the course may not exceed that specified for
a course organised at interinstitutional level. Only applications supported by a reasoned
justification from the hierarchical superior, approved by the Member responsible or the
Secretary-General in accordance with the procedures laid down in Article 8, shall be taken
into consideration.
Article 44
The certificate providing evidence of having passed the examinations preliminary to these
courses or, in the absence of tests, the attestation issued at the end of the course, shall
determine the corresponding interinstitutional level. The managing department ensures the
equivalence of level both as regards the content and duration of the course.
The member of staff shall be required to submit certificates attesting to his/her regular
attendance at the courses and showing the results obtained to the managing department.
Article 45
By way of derogation from Articles 42 and 43 above, and in exceptional cases duly justified
by the urgency and interest of the institution, members of staff may be authorised by the
managing department to attend, in the sole interest of the Court, intensive courses held
outside the interinstitutional framework, including outside the European Communities.
Only those applications supported by a reasoned justification from the hierarchical superior,
approved by the Member responsible or the Secretary-General, shall be taken into
consideration.
Article 46
The detailed provisions in respect of this section are contained in the Implementing
Provisions.
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CHAPTER 7: TRANSITIONAL AND FINAL PROVISIONS

Article 47
For training courses on the date of entry into force of these Rules, the course value
qualification obtained under the former rules shall be automatically maintained by
equivalence, except where the terms are more favourable for the member of staff.
Article 48
The Court shall adopt these Rules and any subsequent amendments after consulting the
Joint Committee on Training for an opinion. The Administrative Committee shall be
authorised to adopt the Implementing Provisions for these Rules and any subsequent
amendments after consulting the Joint Committee on Training for an opinion.
Article 49
Any courses not provided for in the annual programme, not organised by the managing
department and not having formed the subject of provisions in the preceding articles shall be
considered to be neither in the sole interest of the Court, nor in the joint interest of the latter
and the member of staff.
Article 50
These Rules shall be notified to staff by the Secretary-General. They shall take immediate
effect and repeal Decision No 1-2002 of 30 January 2002.

Luxembourg, 3 February 2006
For the Court of Auditors
(s) H. Weber
President
* * * * * *

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