Commission: article 49 of the Service Regulations, the case of the British nationality
HR – APPLICATION OF THE STATUTORY CONDITION OF BEING A NATIONAL OF ONE OF THE MEMBER STATES OF THE UNION TO MEMBERS OF STAFF WHO WILL NO LONGER FULFIL THIS CONDITION DUE TO THE WITHDRAWAL OF THE UNITED KINGDOM FROM THE EUROPEAN UNION
The Commission has decided to give the following commitments:
*In the case of UK officials who will no longer fulfil the condition of being nationals of one of the Member States of the Union following the withdrawal of the United Kingdom from the European Union, the Appointing Authority will not use its discretionary power under Article 49 of the Staff Regulations, except where duly justified in specific cases such as conflicts of interest or by virtue of international obligations;
*in the case of temporary or contract agents of British nationality who will no longer fulfil the condition of being nationals of one of the Member States of the Union following the withdrawal of the United Kingdom from the European Union, the Commission is legally obliged to carry out a case-by-case analysis in order to authorise duly justified exceptions to the nationality requirement laid down in the Conditions of Employment of Other Servants; the Commission undertakes, however, that the AACC will make generous and transparent use of this possibility of derogation; its assessment will be based on the interests of the service.
Interview of Félix Géradon (General Secretary of USB) about the article 49 of Service Regulations :