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Draft Multi-annual Staff Policy Plan 2013-2015

1 - GENERAL OVERVIEW OF THE CURRENT SITUATION OF THE AGENCY.

1.1 General information on the Agency's activities.

1.1.1 Description of the agency, its mission and programmed tasks.

The European Fundamental Rights Agency (FRA) is an EU Agency based in Vienna. The Agency is established by the Council Regulation 168/2007 of 15 February 2007. The objective, the scope and the tasks of the Agency are set out in Articles 2 to 4 of the abovementioned Regulation. Its objective is to provide the relevant institutions, bodies, offices and agencies of the Community and its Member States when implementing Community law with assistance and expertise relating to fundamental rights in order to support them when they take measures or formulate courses of action within their respective spheres of competence to fully respect fundamental rights. The Agency deals with fundamental rights issues in the European Union and in its Member States when implementing Community law. To achieve this objective and within its competences, the Agency:

(a) collects, records, analyses and disseminates relevant, objective, reliable and comparable information and data, including results from research and monitoring communicated to it by Member States, Union institutions as well as bodies, offices and agencies of the Community and the Union, research centres, national bodies, non-governmental organisations, third countries and international organisations and in particular by the competent bodies of the Council of Europe;

(b) develops methods and standards to improve the comparability, objectivity and

reliability of data at European level, in cooperation with the Commission and the Member States;

(c) carries out, cooperates with or encourages scientific research and surveys,

preparatory studies and feasibility studies, also, where appropriate and compatible with its priorities and its annual work programme, at the request of the European Parliament, the Council or the Commission;

(d) formulates and publishes conclusions and opinions on specific thematic topics, for

the Union institutions and the Member States when implementing Community law, either on its own initiative or at the request of the European Parliament, the Council or the Commission;

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(e) publishes an annual report on fundamental rights issues covered by the areas of the Agency's activity, also highlighting examples of good practice;

(f) publishes thematic reports based on its analysis, research and surveys; (g) publishes an annual report on its activities; and

(h) develops a communication strategy and promote dialogue with civil society, in

order to raise public awareness of fundamental rights and actively inform about its work.

The Agency fulfills its tasks, as defined by its Regulation, by implementing specific projects and horizontal activities within the thematic areas of its five-year Multi-annual Framework, which fall broadly under different chapters of the Charter of Fundamental Rights. According to the Multiannual Framework, which was adopted on 28th February 2008, for the period 2007-2012, the Agency is focused on the following thematic areas:

• racism, xenophobia and related intolerance; • discrimination based on sex, race or ethnic origin, religion or belief, disability, age or

sexual orientation and against persons belonging to minorities and any combination of these grounds (multiple discrimination);

• the rights of the child, including the protection of children; • asylum, immigration and integration of migrants; • visa and border control; • participation of the citizens of the Union in the Union's democratic functioning; • information society and, in particular, respect for private life and protection of

personal data; • access to efficient and independent justice • compensation of victims.

At the time of writing, the Multi-annual Framework for the period 2013-2017 is pending approval. According to Article 5 of its Regulation, the Agency may also carry out other tasks at the request of the European Parliament, the Council or the Commission that could be outside these thematic areas. Under Article 4(1)(c) and (d) of the Regulation the Agency is also expected to respond to requests from the European Parliament, the Council or the Commission outside these thematic areas provided the Agency’s financial and human resources so permit. The Agency shall ensure appropriate cooperation and coordination with relevant Community bodies, offices and agencies, Member States, international organisations and civil society, under the terms of Articles 7, 8 and 10 of Regulation (EC) No 168/2007, for the implementation of this Framework. In particular, the Agency shall coordinate its activities with those of the Council of Europe under the terms of Article 9 of Regulation (EC) No 168/2007 and in the agreement referred to in that Article.

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1.1.2 Figures reflecting staff population and evolution.

Staff population (category, grade, function)

Staff population actually filled at 31.12.2010

Staff population envisaged in 2011

Staff population actually filled at 31.12.2011





Officials

AD - - - - - - - AST - - - - - - -

TA AD 37 44 44 47 50 50 50 AST 22 28 26 28 28 28 28

Total AD+AST

59 72 70 75 78 78 78

CA GFIV 6 14 6 17 18 18 18 CA GF III 7 9 10 9 9 9 9 CA GF II 1 2 3 2 2 2 2 CA GFI - - - - - - - Total CA3 14 25 19 28 29 29 29 SNE 4 9 3 9 9 9 9 Prestataires de services (e.g. IT service providers. Interim staff)

17 17 17 10 8 8 8

1.1.3 Current annual staff-related expenditure, in absolute terms and as percentage of the overall annual expenditure.

2012

Agency

Budget (€) EXPENDITURE Title 1 : Staff 10 887 000 Title 2 : Administrative 1 938 020

Title 3 : Operational 7 551 000

Total 20 376 020

1 The figures for 2013, 2014 and 2015 should reflect the staff cut policy presented by the Commission (to the agency's best estimate). 2 A reduction of 5% in the number of posts in the establishment plan and the positions financed under administrative expenditures will be implemented in order to comply with the staff cutting policy as announced in the communication “A Budget for Europe 2020” by the Commission in June 2011. 3 FTE/Headcounts

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1.1.4 Organisation and organisational chart at 31.12.2011.

The Agency reorganised its structure in July 2011 aiming at increasing the efficiency and operations while maintaining high quality of outputs. As of 01.07.2011 the structure of the Agency is composed of the Directorate and five departments. The organisational chart of the Agency is as follows:

1.2 General presentation of the staff policy followed by the Agency.

1.2.1 The agency's recruitment policy as regards the selection procedures, the entry grades of different categories of staff, the type and duration of employment and different job profiles.

Of the 75 posts in the Establishment Plan for the year 2012, 47 posts are in category AD and 28 in category AST. All 75 posts are temporary posts. The selection procedures of Temporary Agents follow the Executive Board Decision 2009/3 which was adopted following the procedure under Article 110 of the Staff Regulations. The main steps are as follows:

DIRECTORATE 2AD, 3AST, 1CA, 1SNE

ADMINISTRATION 2AD, 1CA

Accountant 1AD

HUMAN RESOURCES &

PLANNING 1AD, 1CA

EQUALITY & CITIZEN'S RIGHTS

1AD, 1AST

FREEDOMS & JUSTICE

1AD, 1AST

COMMUNICATION2AD,1CA

Team Quality Management 1AD, 1CA

Team Finance & Procurement 1AD, 3AST, 4CA

Team ICT & Facility Services 1AD, 5AST, 2CA

Team Racism, Integration and Roma Issues 4AD, 1SNE

Team LGBT & Gender 4AD, 1AST, 1CA, 1SNE

Team Human Resources 2AD, 2AST, 2CA

Team Planning 1AD, 1AST, 1CA

Team Rights of the Child, Age, Family 2AD, 1AST, 1SNE

Team Access to Justice 4AD, 1AST, 1CA, 1SNE

Team Asylum, Migration 3AD, 2CA,1SNE

Team Right to Privacy 2AD, 1SNE

Team Communication & outreach 2AD, 3AST, 1CA, 1SNE

Team Online Communication & Documentation 1AD, 1AST, 1CA

Team Editing & Production 1AD, 2AST, 2CA

Team EU Institutions & EU Member States1AD, 1AST, 1CA, 1SNE

Team Statistics 3AD

National Human Rights Structures & Civil

Society1AD, 1AST, 1CA, 1SNE

Section Conferences 1AST, 1CA

Policy Advisor1AD

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- Publication of vacancy notice on FRA’s website, on the EPSO website, on the EU Agencies’ mailing address, the members of the Agency’s Management Board, the Permanent Representations of the Members States to the European Union, the International Organisations based in Vienna and if necessary in the international and specialist press, stating eligibility and selection criteria, indicating type and duration of contract and recruitment grade and the main steps of the selection procedure. - Setting up of a Selection Committee of minimum three members covering the required expertise and of a grade level at least equal to that of the post and including representation of the staff committee. - First evaluation of the candidates’ application forms, on the basis of eligibility requirements, and further evaluation of eligible candidates on the basis of essential and advantageous criteria is done by the Selection Committee. - Shortlisted candidates are invited for interviews with the Selection Committee and undergo a written test on the basis of pre-determined questions covering the specific competences in the area of expertise, knowledge of FRA and EU institutions, and language abilities. - The Selection Committee establishes a reserve list of successful candidates which is sent to the Appointing Authority. - The Appointing Authority decides on the basis of the established reserve list to offer contract(s) of employment. Prior of doing so, the Appointing Authority invites for a short meeting the successful candidates. The FRA in order to meet its objectives has identified the following generic job profiles: - Middle Managers: provide strategic and financial management and supervise the operational management within their respective fields covering different areas of FRA activities in respect of sound financial management. Typically these posts would be filled by Temporary Agents in the bracket AD9-AD12. - Senior Officers/Programme Managers: are typically engaged in drafting reports, analysing and advising the hierarchy in specific areas such as research, planning, human resources, procurement and, finance. Senior Officers may play a key role in general and budgetary processes and assist the hierarchy in ensuring business continuity. Programme Managers may manage a specific research project or represent FRA in external activities. Senior officers/programme managers may coordinate a team’s work content under the authority of a Middle Manager. Typically these posts would be filled by Temporary Agents in the bracket AD8-AD10. - Officers/Programme Managers: play a key role in general processes, draft reports, implement policies, coordinate specific areas of work or a team’s work content or, represent FRA in external activities. Typically these posts would be filled by Temporary Agents in the bracket AD5-AD7, Contract Agents FGIV and Seconded National Experts. Temporary agents at grades AD 5 and Contract Agents at function group IV under direct supervision will contribute to the completion of the above-mentioned tasks and may play a supporting and active role in the development of overall tasks and work. - Senior Assistants: provide support in the drafting of documents and assistance in the implementation of policies and procedures in areas such as administration, procurement, finance, human resources, research, communication, following advice from the hierarchy. Typically these posts would be filled by Temporary Agents in the bracket AST7-AST10 and with Contract Agents Function Group III.

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- Assistants/Support Officers: play a supporting role in areas such as administration, procurement, finance, human resources, research and communication, under the supervision of a Senior Assistant and or a higher level function. Typically these posts would be filled by Temporary Agents in the bracket AST1-AST6 and with Contract Agents Function Group II and III. In terms of type of contract and recruitment grade for the different type of functions presented above, FRA has identified all temporary agent posts, with the exception of the Director, as posts of long-term duration.

- Temporary agents on long term employment

The criteria of the Agency in the identification of the posts as being of a long-term duration are the following:

- for posts covering tasks of a permanent nature as resulting from the mandate and Work Programme of the agency; and

- to safeguard continuous expertise in the specific areas of human rights

Long-term temporary agents will be recruited at the levels indicated below in order to permit a long term career development:

• AST 1 to AST 4 for the AST category • AD 5 to AD 8 for the AD category.

Long-term temporary agents will also be recruited at the level of AD 9 to AD11 and in exceptional cases at grade AD 12. In all cases and before publishing any post, the Agency will carefully evaluate all options in order not to recruit at excessive level. Recruitment of experts at grades AD9-AD11, and in exceptional cases at grade AD12 shall remain within the limits of 20% of recruitments per year over a rolling period of five years for long term employment within the Agency. Long-term temporary agents are offered a contract of an indefinite period. The Agency requires technically qualified staff with specialist knowledge and experience for most of its activities, especially in the areas of specific competence linked to its regulation and strategy. This is, however, also valid for staff working in administration, finance, human resources, accounting, procurement and information communication technology since, in many cases, there is an extremely limited number of members of staff to cover each specific activity. In many cases it is of utmost importance to have staff with broad knowledge and expertise in the respective fields of work. In the past the Agency faced difficulties in recruiting staff. However since the implementation of this measure as well as other social benefits, both the quantity and quality of candidates has been increased considerably. On 31 December 2011, 70 out of 72 of the posts in the 2011 Establishment Plan of the FRA were occupied. Of the remaining two posts, one is occupied since 1st January 2012 and the other one the selection procedure is on-going and expected to be occupied at the end of the first quarter of 2012.

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- Temporary agents on short/medium term employment

The post of the Director is of a fixed period of five years and could be extended once for a period of three years (ref. Article 15 (3) of the Regulation establishing the Agency No 168/2007 of 15 February 2007) and hence is considered short term.

- Contract agents on long term employment

The criteria used to identify contract agents for long term employment are the following:

- Reinforcement of capacities in specific areas of expertise where there is a need of additional resources.

- Reinforcement of existing capacities in support functions as necessary. Contract agents are initially offered a contract of two years renewable for another limited period up to five years. A second renewal is for an indefinite contract provided the first two contracts covered a period of minimum five years without interruption. This is stipulated in the Implementing Rules for the engagement and use of contracts Agents that the Agency has adopted by its Management Board (Management Board Decision 2008/4).

Renewals of contract will depend on the future business needs for the function occupied, performance and budgetary availability. The selection procedures for the recruitment of Contract Agents follow the Management Board Decision 2008/4. In addition, the Agency signed in 2010 a Service Level Agreement with the European Personnel Selection Office by which it may uses the database of successful candidates to fulfil vacant contract agent positions. - Contract agents on short/medium term employment

The criteria used to identify contract agents for short term employment are the following:

- To work with specific, time limited projects. - To cover needs such as staff going on maternity and parental leave and staff on

long sick leave.

They are offered an initial fixed-term contract whose duration is based on the duration of the tasks to be performed. The contract may be renewed for a second fixed-term should the duration of the specific project is extended. All renewals of contract will depend on the business needs for the function occupied and available budgetary provisions.

- Seconded national experts

Three National Experts were seconded to FRA on 31 December 2011. In line with FRA’s aim to develop active networking and strengthen co-operation with Member States, the recruitment of Seconded Experts from competent organisations in the Member States will be increased to reach 9 positions in 2012 and not 11 as adopted by the MASPP 2012-2014 by the Management Board, in view of the staff reduction. In 2013, 2014 and 2015 this number will stay the same.

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Staff Distribution

On 31 December 2011 the allocation and number of staff is as follows:

Department

31/12/2011

TA CA SNE

TOTAL

AD AST

Directorate 3 3 1 1 8 Administration 6 8 8 - 22

Human Resources and Planning 4 3 4 - 11

Equality and Citizen’s Rights 13 5 3 3 24

Freedom and Justice 11 2 3 3 19 Communication and Awareness Raising 7 7 6 2 22

TOTAL 44 28 25 9 106

1.2.2 The agency's policy as regards performance appraisal and promotion/reclassification.

The FRA implements an annual career development programme. An individual career development plan is drawn up at the beginning of the year laying down the objectives and the performance indicators of the staff member in relation to the work programme. It also includes an evaluation of the training activities undertook during the previous year and a training plan for the new year. An appraisal is done at the beginning of the next year on the basis of the performance indicators in the annual development plan. A new decision following the reform by the European Commission, is under discussion i.e. consultation with the Agency’s Staff Committee, as foreseen under Article 110 of the Staff Regulations. This will replace its current decision. The rules regarding the career advancement scheme for temporary agents are laid down in Decision 2005/16. It applies to temporary agents who are eligible after having a minimum of 2 years of seniority in their grade. The reclassification takes place on an annual basis and starts after the appraisal exercise has been concluded. It is mainly based on merit and is decided by the Director based on a proposal from a specifically established career advancement board of FRA. In 2012 the Agency aims to replace its current decision by a new one pursuant Article 110 of the Staff Regulations. A similar decision for the reclassification of contract agents was adopted in December 2011 covering solely the 2011 exercise.

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Based on the 2010 individual performance, the 2011 reclassification exercise of the Temporary Agents had as a result that 4 staff members (23.5% of staff having 2 years seniority in a given grade so called ‘eligible staff’) were reclassified. For the coming years the estimation is reflected in the table in Annex II. The outcome of the appraisal exercise also leads to the training plan based on the identified needs in order to cater for career development. A training plan is designed every year based on these specific needs and in line with the Agency’s Training policy. The Agency will continue to reinforce its training activities. In-house, local and external training courses take place as well as e-learning. It is the Agency’s policy that all staff is given equal access to appropriate training according to the needs and budget availability. In 2011 the average number of training days per staff was 10 including language training.

1.2.3 Statistics and general orientations to promote equal opportunities and concrete measures planned in order to ensure equal treatment among the staff members.

The charts below illustrate the staff breakdown (by position and gender) and the gender balance.

Female

53%

Male47%

Gender Balance2011

Gender Balance2010

Female48%

Male52%

9

0

2

4

6

8

10

12

14

FG I FGII

FGIII

FGIV

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16

Staf

f Mem

bers

Function Groups (I, II, III and IV) and Grades (AD and AST)

Female

Male

The Agency systematically monitors the gender distribution of its selection procedures. To this regard and to the extent possible, selection panels are drawn up to ensure gender balance.

The Agency is fully committed to the provision of equality of opportunity for all its employees through its employment practices, policies and procedures. It undertakes to provide a working environment that is sensitive to differences in racial or ethnic origin, religion or belief, disability, age, sexual orientation and gender. The Agency’s policy is based on a model of best practice for sustaining a work ethos whereby all employees can reach their full potential. The Agency will adopt and implement during 2012 an action plan which will outline measures for ensuring best practice in equality of opportunities in the FRA with respect to gender, persons with disabilities and minorities.

Gender Balance

FUNCTION GROUP GRADE

GENDER FG I

FG II

FG III

FG IV 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16

Total per

gender

Female 0 3 6 6 0 1 2 2 8 4 12 1 1 1 0 0 0 0 0 0 47

Male 0 0 4 0 0 0 1 5 1 3 10 5 4 3 3 1 1 1 0 0 42

Total per FG/Grade 0 3 10 6 0 1 3 7 9 7 22 6 5 4 3 1 1 1 0 0 89

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With regards to reconciling professional and personal life, a range of measures have been put in place to help ensure that working for the Agency is conducive to a balanced professional, personal and family life. These measures focus on teleworking and flexitime arrangements, parental leave, childcare and schooling services (see section 3), a policy to protect the dignity of the person and to prevent psychological and sexual harassment. These measures were introduced in full compliance with the Staff Regulations. Additionally the Agency has a holistic approach towards all aspects of well-being at work e.g. monthly staff meetings, annual Staff retreat, bi-annual well-being survey, events open to staff (e.g. Christmas dinner) and their families (e.g. summer picnic) as well as language courses that are available to the staff members and to their families in an effort to facilitate the integration process in the local environment. The Agency is convinced that diversity is strength in the workplace and that harnessing diversity will create a productive environment in which everyone feels valued, where their talents are being fully utilised, and in which organisational goals are met. The Agency ensures that no employee or job applicant is treated inequitably due to gender, marital or parental status, age, sexual orientation, disability, ethnicity, colour, citizenship/nationality or religious belief with regard to recruitment and selection, training/development, pay and conditions of work and opportunities for career development and career advancement. Moreover the Agency has adopted the following provisions with regard to Equal Opportunities:

• All vacant posts are advertised containing positive statements regarding the Agency’s practices as equal opportunities employer. In addition, the Agency provides information on specific measures it undertakes in order to ensure equality of opportunities.

• The Agency’s practices and procedures allow all participants to compete on an equal basis.

• Applicants are considered only on the basis of their relevant experience, qualifications, skills and abilities.

• Selection Boards seek to represent the Agency’s Departments and each gender. The Staff Committee appoints one member thereto.

• The appointments of the final candidates take into consideration the geographical balance as well as the balance by gender in each function group.

• An equal access to training and development opportunities is offered and it is guaranteed to its entire staff, whatever the gender, grade or age.

• Teleworking and flexitime were adopted in 2010 in order to help staff members to reconcile work and private life.

• In the framework of the preventive harassment policy, in place at the FRA in 2009, a network of 3 confidential counsellors was established in 2010.

• Conducted its first well-being survey in 2009 and in 2012 will launch the second survey.

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1.2.4 Statistics on geographical balance.

On 31 December 2011 FRA staff covers 23 nationalities representing out of a total of 27 Member States. FRA will continue its effort to develop and to increase the number of nationalities.

1.2.5 Mobility policy in regard to the different types of employment.

Mobility within the agency.

Due to the limited size of the Agency there can only be limited opportunities to publish internally vacant positions in order to fill the post through reassignment of staff, where appropriate. However, FRA maintains the view that wherever possible internal needs of the Agency should be covered by re-deploying staff.

Mobility among agencies (Inter-agency Job Market).

In January 2010 the FRA joined the inter-agency job market. The basis of the Agency’s participation in the interagency job market is to offer possibilities of mobility to staff in agencies by assuring a continuation of careers and grades. FRA has not yet published any post through the inter-agency job market.

Mobility between the agencies and the institutions.

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FRA does not pro-actively pursue such mobility since it does not have any permanent posts in its Establishment Plan and therefore such mobility may not be possible. In the future by creating permanent posts the possibility for mobility in this sense will be feasible.

In 2011, one temporary agent was recruited from another EU agency and two contract agents, one from the European Commission and one form the European Parliament and none was seconded on his/her own request from other EU institutions.

2 - OVERVIEW OF THE SITUATION OVER NEXT THREE YEARS.

The development of the FRA multi-annual Staff Policy Plan has been driven by an analysis of the past trends and the following principles:

- Deploy effort to limit the increase of staff costs in Title I of the Agency budget. - Adaptation of the Establishment Plan for 2013 in order to reflect the current

situation. - A reduction of 5% in the number of posts in the establishment plan and the

positions financed under administrative expenditures in order to comply with the staff cutting policy as announced in the communication “A Budget for Europe 2020” by the Commission in June 2011.This reduction will nevertheless be modified by recruitment of 3 temporary agents and 1 contract agent positions, in order to undertake new tasks in 2013 (see section 2.2 workload).

- The staff reduction will oblige the FRA to review its working methods and look for more efficient ways of working.

- Career advancement rate of approximately 30 % per year. This threshold does not necessarily have to be achieved at all times.

2.1 Turnover due to retirement or termination of employment.

2.1.1 Turnover in the agency because of retirement.

Zero turnover in 2011.

2.1.2 Turnover in the agency because of termination of employment.

Based on historical data at the Agency the turnover is very low - e.g. zero turnover in 2009, 2.7 % in 2010 and zero in 2011. The Agency will, as indicated above, aim to reduce headcount by 5% during 2014.

2.2 Workload.

The Agency fulfils its tasks, as defined by its Regulation, by developing specific projects and horizontal activities within the thematic areas of its five-year Multi-annual Framework. The thematic areas of the Multi-Annual Framework are of a cross-cutting nature, as they have implications on fundamental rights in different chapters of the Charter on Fundamental Rights. To meet the challenges of promoting and protecting fundamental rights over the short to medium term, the Agency’s working methods must be efficient, effective and form a seamless line from inception to dissemination to ensure effective implementation and maximise impact.

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In this light, the Agency has in its Work Programme an integrated approach to the planning and implementation of its activities. This approach refers to the integration of all departments in the project, and the type of work each department undertakes within the project. In its simplest form, each project has an element of networking (e.g. stakeholders strategies and engagement), research (e.g. report commissioning and drafting), and communication (e.g. media activities, publication launch and dissemination). The Agency’s` working methods include multi-annual rolling projects to allow it to address more resource demanding issues. In addition, cross cutting activities allow the Agency to cover comprehensively a broad spectrum of fundamental rights issues and respond to needs that might arise during the year. Research is undertaken by the Equality and Citizen’s Rights (ECR) and/or Freedoms and Justice (FJ) departments and communication by the Communication and Awareness Raising (CAR) department. The networking activities are incorporated in the ECR, FJ and CAR departments since July 2011 where the new structure of the Agency took place. A central element of the Agency’s integrated approach is its work with stakeholders. The Agency does not operate in isolation from policy and legislative developments on fundamental rights at the national and European level. In addition, the Agency has to keep abreast of developments on the ground. The Agency has therefore developed a number of ways to engage with the stakeholders who are responsible for the policy and legislative developments, who support or represent particular groups and/or who have a vested interest in the outcomes of the Agency’s project. The Agency has regular meetings and has established a structure to facilitate this process. The Agency works closely with its stakeholders, who are end users of the Agency’s outputs, throughout its projects. This involvement of the stakeholders varies from project to project. They may be engaged in the consultation process that leads to the identification of the projects such as the European Commission, the Member States, the Council of Europe, civil society and others. They may be engaged in the delivery and implementation of the project and they may be involved in the evaluation and impact of the project. The aim of engaging with stakeholders is to ensure that the rationale for and projected outputs of the project are related to their needs and requirements as end users, to ensure that the evidence base is robust, quality controlled and the contents of the product match their needs, and to ensure that the final product is delivered at the right time and in the most appropriate format. In 2013, the Agency will develop its work in the following thematic areas of its Multi-annual Framework, which broadly correspond to chapters of the European Union Charter of Fundamental Rights (CFR), as outlined below:

• Asylum, immigration and integration of migrants; (CFR Freedoms) • Visa and border control; (CFR Freedoms) • Information society and, in particular, respect for private life and protection of

personal data; (CFR Freedoms) • Racism, xenophobia and related intolerance; (CFR Equality) • Discrimination based on sex, race or ethnic origin, religion or belief, disability, age or

sexual orientation and against persons belonging to minorities and any combination of these grounds (multiple discrimination); (CFR Equality)

• The rights of the child, including the protection of children; (CFR Equality) • Access to efficient and independent justice; (CFR Justice) • Compensation of victims; (CFR Justice)

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• Cross-cutting projects and activities • Bodies of the Agency and consultation mechanisms

In 2013, the Agency will also continue the implementation of the Roma multi-annual programme. Based on the 2007-2013 Financial Perspectives, the Agency should have reached 78 Temporary Agent posts by 2012. However, during the 2012 draft budget procedure the budgetary authority agreed on an increase of three Temporary Agent posts instead of six. Moreover, the Agency reorganised its structure in June 2011 aiming at increasing the efficiency and operations while maintaining high quality of outputs. In order to address the needs of its stakeholders as these have been shaped today in the area of fundamental rights, the Agency needs specialised staff as follows: • In view of the Agency's growing work in the area of discrimination on grounds of

disability there is a need for an additional legal expert specialised on issues of discrimination on grounds of disability to support the Agency's forthcoming work in this area, as proposed in the European Commission's background note: The Commission considers it appropriate that the tasks laid down in Article 33.2 of the UN CRPD are carried out jointly by four EU institutions and bodies, together forming "the EU framework": the European Parliament via its PETI Committee, the European Ombudsman, the European Commission and the Fundamental Rights Agency (FRA). In particular, the proposal considers that the Agency will have as main task in the framework to independently collect and analyse data.

• Given the complexity and the scale of the surveys that the Agency will undertake based on its Annual Work Programme, i.e. requiring the development of complex sampling frames, large-scale fieldwork and statistical analysis in the development of indicators, there is a need to allocate specialist staff who are able to undertake work in the fields of quantitative survey research and data analysis.

• The Agency reshaped its Annual Report, one of its main deliverables which examines progress on EU and Member States rights and obligations under the Charter of Fundamental Rights of the EU, covering the following topics: situation of Roma in the EU; asylum immigration and integration; border control and visa policy; information society and data protection; the rights of the child and protection of children; equality and non-discrimination; racism and ethnic discrimination; participation of EU citizens in the Unions democratic functioning; access to efficient and independent justice; and victims' protection. This new approach calls for a legal expert who is able to consolidate the Agency’s outputs. In addition, this expert will contribute to the drafting of opinions issued by the Agency.

• Croatia, after decision of the Association Council, is required to be integrated into the Agency under the observer status. The Agency is expending its activities in this country and performs the same activities as in other Member States. A new Contract Agent position is foreseen in 2013 in order to cover the additional work that results from the inclusion of Croatia in the Agency’s work. The cost of this position has been budgeted and is included in Croatia’s contribution.

For 2013 the Agency is, therefore, requesting three Temporary Agent posts and one Contract Agent position for its operational departments namely Equality and citizens’ Rights Department and Freedoms and Justice Department. The profiles and grades of the temporary agent posts and that of the contract agent are described in the following section. With these new posts the Agency will complete its ‘start-up’ phase as foreseen in the financial perspectives with 78 Temporary Agent posts. The Agency will be at ‘cruising speed’ by 2014.

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It should be noted that the Agency is aware of the fact that during the next five years a 5% decrease in human resources should be achieved. The Agency is already taken this into consideration in its two-year ahead planning exercise as described in the present document. TASKS:

a) Directorate The mission of the Directorate is to guide and manage the Agency, ensuring that its objectives and related tasks are achieved efficiently and effectively and in accordance with the direction given by the Management Board. In 2013 there will be no staff evolution. Staffing: 2013 no change Staff evolution: 2014: possible staff cut 2015: no change b) Administration The mission of the department is to support the operational work of the Agency enhancing its ability to function as a best-practice, knowledge-based, lean and service-oriented public body. The department is composed of the Head of Department office, the Accountant and three teams, namely Quality Management, Finance and Procurement, ICT and Facility Services. In 2013 there will be no staff evolution. Staffing: 2013 no change Staff Evolution: 2014: possible staff cut 2015: no change c) Human Resources and Planning Department The mission of the department is twofold. First is to provide the Agency with the necessary expertise in order to achieve high job performance, high problem solving, successful implementation of change, low turnover, low absence, low level of conflict, full utilisation of the available human recourses, and ensure the highest standards for the management and development of the Agency’s staff. Second, is to identify the Agency’s long and short term objectives, propose options on the achievement of these objectives, and to monitor and evaluate the implementation of the Agency’s Annual Work Programme.

The department is composed of the Head of Department office and two teams, namely: Human Resources and, Planning.

In 2013 there will be no staff evolution. Staffing: 2013 no change Staff Evolution: 2014: possible staff cut 2015: no change

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d) Equality and Citizens’ Rights Department The mission of this department is to carry out research, data collection, analyses and provide scientific and technical expertise in the fields of: racism, xenophobia and related intolerance; discrimination on all grounds; the participation of the citizens of the Union in the Union’s democratic functioning; and the rights of the child. The department is composed of the Head of Department office and four teams that address the core competences of the department, namely: Racism, Integration and Roma issues; LGBT and Gender; Rights of the Child, Age and Family; and, Editing and Production. Staff members are allocated to different teams as a reflection of their core competences and skills, but are also expected to work with other teams in the department, and teams in other departments within the Agency in areas that may extend beyond the remit of the department. The Agency’s regulation stresses the importance of cooperation with a variety of stakeholders to ensure that the Agency avoids duplication and can engage effectively on issues related to fundamental rights. The regulation identified additional groups of stakeholders and potential partners under articles 7 – 10 – they range from the community bodies (which have multiplied considerably over the last five years), organisations at member state level such as governmental organisations and public bodies (i.e. National Human Rights Institutions and Equality Bodies), inter-governmental organisations, the social partners and civil society. As of 1st July 2011 the Agency’s engagement with the international organisations in particular the Council of Europe, given the importance of the Agency’s cooperation highlighted in the Regulation, are taken further by this Department and the Freedom and Justice Department. All teams develop, implement and oversee data collection, analyses and research projects for the three Multi-Annual Framework thematic areas; ensure that primary and secondary data collected by the Agency, through a variety of research means, is relevant, of the highest quality, and is delivered on time and within budget. The department seeks to ensure that reliable, robust and tested research and methodologies are employed to meet the Agency’s mandate for high quality data collection and comparative analysis. Departmental expert staff members are responsible for the design of the research, methodologies, the comparative analysis, the drafting of relevant reports, as well as project development, management and execution. In addition, in the context of project implementation expert staff members are expected to organise and implement expert and stakeholder workshops and meetings and to participate in external events disseminating the work of the Agency and providing evidence based assistamnce amd expertise to EU institutions and Member States. In 2013 two temporary agents, administrators at AD 6 level, will be recruited. The profiles of the new posts are as follows:

1. Programme Manager – Legal Research (AD6): to date, the Agency has recruited two legal experts for its data collection and analysis needs with specialist knowledge on discrimination issues. Specifically, one legal expert specialised on issues of discrimination on grounds of racial or ethnic origin and one legal expert specialised on issues on discrimination on grounds of sexual orientation and gender. In view of the Agency's growing work in the area of discrimination on grounds of disability there is a need for an additional legal expert specialised on issues of discrimination on grounds of disability to support the Agency's

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forthcoming work in this area, as proposed in the European Commission's background noteas described on page 15. 2. Programme Manager – Social research (AD6): to date, the Agency has recruited three social science experts for its data collection and analysis needs with specialist knowledge on quantitative and qualitative methodology in regard to discrimination issues. Specifically, one social science expert on issues regarding discrimination on grounds of race, ethnicity and religion, one social science expert on issues regarding integration issues and one social science expert on issues regarding discrimination on grounds of disability. Given the volume of work in regard to these areas, for example three large scale surveys currently implemented on (1) sexual orientation discrimination and homophobia, including additional qualitative research, (2) violence against women, (3) experiences of discrimination and hate crime among the EU’s Jewish populations, as well as the growing focus of the Agency on other grounds of discrimination, in particular age (children and old people), gender and sexual orientation it is necessary to recruit one additional social science expert covering discrimination on age, gender and sexual orientation. Contract Agent position In 2013 there is a pressing need for one research assistant at function group IV as follows: The Accession State of Croatia was granted observer status in the Agency's Management Board. Subsequently the Agency has expended its data collection and analysis activities to cover it. Croatia is now included in large scale data collection projects, for example the large scale surveys on LGBT and violence against women, as well as the work on Roma integration. In this regard it is necessary to recruit one junior researcher to cover the increased needs in data collection and analysis. Staffing: 2013, 2 temporary agents AD 6 and 1 contract agent FGIV Staff evolution: 2014: possible staff cut 2015: no evolution

e) Freedoms and Justice The mission of this department is data collection, analyses and providing research and technical expertise in the following fields information society and, in particular, respect for private life and protection of personal data; access to efficient and independent justice; asylum, immigration and integration of migrants, as well as visa and border control. The Agency’s activities in the field of human rights education are also undertaken by this Department. After raising awareness a culture of fundamental rights will be embedded both at the national and European level. This involves human rights education and training activities targeting key sectors and structures at the national level in particular. The department is composed of the Head of Department office, and three teams that address the core competences of the department, namely: Access to Justice, Right to Privacy and Asylum/Migration. Staff members are allocated to different teams as a reflection of their core competences and skills, but are also expected to work with other teams in the department, and in other departments within the Agency in areas that may extend beyond the remit of the department.

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All teams ensure that primary and secondary data collected by the Agency, through the Agency’s network of framework contractors and a variety of other research means, are relevant, of the highest quality, and are delivered on time and within budget. Where possible the department seeks to ensure that cutting-edge research and methodologies are employed to meet the Agency’s mandate for comparative data collection and analysis. Departmental staff members are responsible for project development, management and execution. One of the department’s activities relates to the successful management of contracted research. In addition, staff members are expected to organise and implement expert workshops and meetings, and to participate in external events disseminating and promoting the work of the Agency. In 2013 one temporary agent, administration at AD 6 level, will be recruited. The profile of the new post is as follows:

1. Programme Manager – Legal Background (AD6): to date, the Agency has recruited legal experts with specialist knowledge in particular fields. It needs an expert with knowledge covering all areas of the multiannual framework who will link findings from different areas of activity and present them in an all-inclusive fashion. The expert will also contribute to the drafting of the opinions issued by the Agency. To this end, the post requires a legal researcher with an excellent combined knowledge of fundamental rights and European Union law that can be utilised with respect to the Agency’s work in various fields covered by its multi-annual framework, and in particular with regard to the development of the Agency’s annual reporting on the situation of fundamental rights in the European Union. The post also requires a legal expert with a sound knowledge of the fundamental rights architecture both within the European Union and beyond - so as to be able to situate the Agency’s work in the broader context of work undertaken by the United Nations, the Council of Europe and other key actors. Staffing: 2013, 1 temporary agent AD 6 Staff evolution: 2014: possible staff cut 2015: no evolution

f) Communication and Awareness Raising Department The mission of this department is to support the agency in its role of providing evidence-based advice through consultation, communication and cooperation activities; raise public awareness of fundamental rights in cooperation with the FRA’s partners; actively disseminate information about the FRA’s work through, for instance, its website, social media, newsletters, audio-visual products, brochures, videos, and promotional materials. The Department is composed of the Head of Department office, a section called Conferences and four teams namely: Communication and Outreach, Online Communication and Documentation, EU Institutions and EU Member States and, National Human Rights Structures and Civil Society. The department in particular supports the Agency’s task of providing “assistance and expertise” to its key partners (Art. 2) with communication and cooperation tasks. It also fulfils the Agency's functions on raising awareness and informing about FRA work (Art. 4) It leads the FRA's online communication and documentation activities via a) the FRA website b) the

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FRA social media channels c) fundamental rights documentation and online databases and d) other online communication activities and channels. As of 1 July 2011 the department furthermore develops and fosters the Agency's cooperation and communication with EU institutions and Member States in order to ensure timely presence, visibility and impact of FRA’s evidence-based advice on fundamental rights related policies, legislation and practices (Art. 2). It also develops and fosters the Agency's close cooperation, consultations and communication with civil society (FRP) and NHRBs (NHRIs, EBs and Ombudspersons) to ensure that input and knowledge from frontline actors feed into FRA work (Art 2, 8, 10). The department also assists in the organisation and administration of FRA Flagship events, manage the FRA Framework “conferences and events” and enables project teams to plan and carry out their project events efficiently. In 2013 there will be no staff evolution. Staffing: 2013 no change Staff evolution: 2014: possible staff cut 2015: no change

2.3 Consequences of 2.1. and 2.2. on the number of staff in the agency for the next 3 years.

- The FRA will maintain the temporary agents for long-term employment.

- The adaptation of the 2013 and 2014 Establishment Plans will be done in order to reflect and ensure the proper functioning of the Agency and the reduction of the staffing level as according to the Commission’s communication in June 2011 on “A budget for Europe 2020”.

- Recruitments in grade AD 6. - The number of temporary agent posts will increase by three in 2013 to fulfil its objectives as

set out in the Regulation 168/2007 establishing the Agency and strategic projections on how to implement the new responsibilities and the need for new posts that has been identified.

- In 2014 the Agency will implement the 5% staff cut announced in the Commission Communication for “A budget for Europe 2020”.

- Recruitment of one Contract Agent is essential for carrying out the additional tasks given to

the Agency as a result of the inclusion of Croatia in the Agency’s work.

3. SCHOOLING.

Schooling is a key factor in enabling FRA to attract and to retain qualified staff members. In the absence of a European School and a European Section in Austria the Management Board of the FRA has adopted two decisions, one regarding childcare facilities costs for pre-school children of FRA staff (2007/01 FRA MB) and another one on education costs for children of

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FRA staff in Vienna (2007/02 FRA MB). According to these decisions the Agency has signed several service level agreements.

Staff members enjoying the benefits of these measures are not entitled to receive the education allowances provided for in Article 3 of Annex VII of the Staff Regulations since the schools are considered as a non fee paying ones.

4. STATE OF PLAY OF IMPLEMENTING RULES ADOPTED BY THE AGENCY CONSISTENT WITH ITS STAFF POLICY.

I – ADOPTION OF COMMISSION IMPLEMENTING RULES BY ANALOGY

Art. 4 of Annex VIII SR (taking into account, for purposes of calculating pension rights, of periods of activity previously completed by staff before they resume active employment

Adopted

Art. 1d (4) SR

(facilities for disabled persons)

Adopted

Art. 11 and 12 of Annex VIII SR

(transferring pension rights)

Adopted

Art. 26 of Annex XIII SR

(transferring pension rights – transitional provisions)

Adopted

Art. 22 (4) of Annex XIII SR

(Purchase of additional pension rights)

Adopted

Art. 67 SR and Art. 1(2)(d) of Annex VII SR

(Household allowance)

Adopted

Art. 2(4) of Annex VII SR

(persons to be treated as dependent children)

Adopted

Art. 7(3) of Annex VII SR

(determining the place of origin)

Adopted

Art. 67 and 68 SR and Art. 1, 2 and 3 of Annex VII SR

common provisions on family, household and education allowances

Adopted

Art. 3 of Annex VII SR

(grant of the education allowance)

Adopted

Art. 8 of Annex VII SR

(Payment of travel expenses; place of work – place of origin)

Adopted

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Art. 42a SR

(parental leave)

Adopted

Art. 42b SR

(family leave)

Adopted

Art. 71 SR and Art. 11 to 13a of Annex VII

(Guide to missions for officials and other servants)

Adopted

Art. 15, 37 and 40 SR and Art. 11, 17, and 88a CEOS

(Leave on personal grounds for officials and unpaid leave for temporary and contract staff (CCP)

Adopted

Art. 57, 58 and 61 and Annex V SR and Art. 16, 59, 60 and 91 of COES

(Introducing IR on leave)

Adopted

Art. 59 and 60 SR and Art. 16, 59, 60 and 91 CEOS Introducing IR on absences as a result of sickness or accident

Adopted

Art. 72.1 3eme alinea

Reimbursement of medical expenditure

Adopted

II – ADOPTION OF IMPLEMENTING RULES SUBJECT TO ADJUSTMENTS

Art. 82 (6) CEOS

(Procedure governing the engagement and use of contract staff at the commission)

Adopted

Art. 55a and Annex IVa SR

(part-time work)

Adopted

Art. 5, 29, 30, 31 and 32 SR and Art. 10 and 15 CEOS

(Criteria applicable to classification in grade and step on appointment or engagement)

Adopted

Art. 8 CEOS

(New policy for the engagement and use of temporary agents)

Adopted

Art. 9 SRT and Art. 1 of annex II SR

(Setting up a Staff Committee, rules governing the election)

Adopted

Art. 12 bis

Anti-harassment policy

Adopted

Art. 1c, 11 (2), 11a, 12, 12b, 15 (2), 16, 17, 17a, Adopted

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19, 55 (1), Art. 13 and 44 of Annex VIII SR and Art. 11, 16, 54, 57, 81 and 91 of CEOS

(Outside activities and assignments)

Director’s appraisal Adopted

Art. 2, 4, 5, 7 and 29 SR

(Middle management staff)

Adopted

III. IMPLEMENTING RULES TO BE ADOPTED

Art. 7 (2) SR

(temporary occupation of management posts)

Awaiting adoption by EB in May 2012

Art. 57, 58 and 61 SR and Annex V SR and Art. 16, 59, 60 and 91 of CEOS – New rules(Implementing rule on leave)


Art. 42b SR (family leave), Art. 42a (parental leave), Art. 11 and 12 of Annex VIII SR ( transferring pension rights) – New rules


Art. 43 SR

(Appraisal exercise)

Awaiting Commission’s agreement

Art. 2 (3) and Art. 30 of Annex IX SR

(Conduct of administrative inquiries and disciplinary procedures)

Awaiting Staff Committee’s consultation

Art. 45 SR

(Promotion/reclassification exercice)

To be submitted for consultation to the Staff Committee

Art. 5 and Annexes XIII and XIII.1 SR

(Types and posts and equivalent categories and grades…)

the Inter-Agencies’ working group was dismissed without delivering a model decision. FRA will prepare a draft .

Art. 9 of Annex VIII SR and Art. 39 CEOS

(Early retirement of officials and temporary agents without reduction of pension rights)


Art. 87 (1) of CEOS

Reclassification of CAs

Model still under discussion in the Inter-Agencies’ working group.

Art. 55b SR

(job-sharing)


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IV. OTHERS

In 2011 the Agency adopted the following decision:

- Reclassification of Contract Agents - FRA Decision 2011/44 as the EC model Decision is under discussion

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Establishment plan posts

Category and grade

Establishment plan 2011

Posts actually filled at

31.12.2010

Posts filled in by external

publication in 2011

Promotion / reclassification

in 2011

Departures 2011

Posts actually filled at

31.12.2011

perm temp perm temp perm4 temp5 Perm temp perm temp perm temp

AD 16 - - - - - - - - - - - -

AD 15 - 1 - - - - - - - - - -

AD 14 - - - 1 - - - - - - - 1

AD 13 - 3 - - - - - +1 - - - 1

AD 12 - 11 - 2 - - - - - - - 1

AD 11 - - - 3 - - - - - - - 3

AD 10 - 12 - 4 - - - - - - - 4

AD 9 - 11 - 5 - - - - - - - 5

AD 8 - 1 - 4 - 1 - - - - - 5

AD 7 - 5 - 12 - 3 - +1 - - - 16

AD 6 - - - 6 - 2 - - - - - 7

AD 5 - - - - - 1 - - - - - 1

Total AD - 44 - 37 - 7 - 2 - - - 44

AST 11 - - - - - - - - - - - -

AST 10 - 1 - - - - - - - - - -

AST 9 - - - - - - - - - - - -

AST 8 - 3 - - - - - 1 - - - 1

AST 7 - 9 - 6 - - - 1 - - - 6

AST 6 - 4 - 2 - - - - - - - -

AST 5 - 1 - 8 - - - - - - - 8

AST 4 - 9 - 2 - 5 - - - - - 7

AST 3 - - - 3 - - - - - - - 3

AST 2 - 1 - 1 - - - - - - - 1

AST 1 - - - - - - - - - - - -

Total AST - 28 - 22 - 5 - 2 - - - 26

Total - 72 - 59 - 12* - 4 - - - 70

*includes one post filled in by an internal candidate

4 Recruitment + transfer 5 All new contracts, including the inter-agency job market

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PERM TEMP Perm Temp - LT

Temp - ST Perm Temp Total

AD16 0 0 0 0 0AD15 0 1 1 1 1AD14 0 0 0 0 0AD13 0 3 3 3 3AD12 0 11 11 11 11AD11 0 0 0 0 0AD10 0 15 15 15 15AD9 0 11 11 11 11AD8 0 1 1 1 1AD7 0 5 5 5 5AD6 0 0 0 3 3 3AD5 0 0 0 0 0Total AD 0 47 47 0 3 0 0 50 50AST11 0 0 0 0 0AST10 0 1 1 1 1AST9 0 0 0 0 0AST8 0 3 3 3 3AST7 0 9 9 9 9AST6 0 4 4 4 4AST5 0 1 1 1 1AST4 0 9 9 9 9AST3 0 0 0 0 0AST2 0 1 1 1 1AST1 0 0 0 0 0Total AST 0 28 28 0 0 0 0 28 28Overall Total 0 75 75 0 3 0 0 78 780 10 0 0 3

0

Officials

0

Establishment plan 2012

10

Turn-over (departures/arrivals)

4

Grade

Year 2013

Establishment Plan 2013Posts evolution Organisational evolution

Officials TA - LT TA - ST

New posts (per grade)Requested

(Provisional Draft Budget)

Promotion / Career advancement

TA - LT

00 6 0 2

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PERM TEMP TOTAL Perm Temp - LT


AD16 0 0 0AD15 1 1 1AD14 0 0 0AD13 3 3 3AD12 11 11 11AD11 0 0 0AD10 15 15 15AD9 11 11 11AD8 1 1 1AD7 5 5 5AD6 3 3 3AD5 0 0 0Total AD 0 0 50 0 0 0 0 50 50AST11 0 0 0AST10 1 1 1AST9 0 0 0AST8 3 3 3AST7 9 9 9AST6 4 4 4AST5 1 1 1AST4 9 9 9AST3 0 0 0AST2 1 1 1AST1 0 0 0Total AST 0 0 28 0 0 0 0 28 28Overall Total 0 0 78 0 0 0 0 78* 78

New posts Provisional planningPromotion / Career advancement in global figures

Turn-over in global figures (departures/arrivals)

Requested (Provisional Draft Budget)

Grade

2013 Year 2014

Establishment plan Establishment Plan 2014Staff evolution Organisational evolution

TA - LT TA - STOfficials

0

Officials TA - LT TA - ST

0 6 0 0 0 0

0 0

0 0

0 3

0 9 0 0

0

*This figure will be reduced as a result of the 5% staff cutting.

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PERM TEMP TOTAL Perm Temp - LT


AD16 0 0 0AD15 1 1 1AD14 0 0 0AD13 3 3 3AD12 10 10 10AD11 0 0 0AD10 15 15 15AD9 12 12 12AD8 1 1 1AD7 5 5 5AD6 3 3 3AD5 0 0 0Total AD 0 0 50 0 0 0 0 50 50AST11 0 0 0AST10 1 1 1AST9 0 0 0AST8 3 3 3AST7 9 9 9AST6 4 4 4AST5 1 1 1AST4 9 9 9AST3 0 0 0AST2 1 1 1AST1 0 0 0Total AST 0 0 28 0 0 0 0 28 28Overall Total 0 0 78* 0 0 0 0 78* 78

Provisional planning

Promotion / Career advancement in global figures

Turn-over in global figures (departures/arrivals)Provisional planning

Grade

2014 Year 2015

Establishment plan Establishment Plan 2015Organisational evolution

TA - STOfficials TA - LT TA - ST

New posts

Officials

0

0

0 4

Staff evolution

3 0

1 0

TA - LT

0

0 7 0

0 11 0 0

0

4

*This figure will be reduced as a result of the 5% staff cutting in 2014.

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