EBA欧洲银行-Annual-Report-2018-on-Art-162832920SR_Final_3页_288kb

Summary of the Annual Report 2018 on Occupational Activities of Senior Officials after Leaving the Service

Core Content

The Annual Report 2018 provides an overview of the implementation of Article 16, fourth paragraph, of the Staff Regulations, which govern the publication of information concerning the occupational activities of senior officials after they leave service. This regulation is aligned with the principles of professional secrecy and the need to ensure integrity and discretion in post-service activities.

Main Points

• Professional Secrecy and Post-Service Obligations:
  According to Article 70 of the EBA founding Regulation, senior officials, including members of the Board of Supervisors, the Management Board, the Executive Director, and staff, are subject to professional secrecy even after leaving service. Article 16 of the Staff Regulations applies to these individuals, imposing obligations of integrity and discretion.

• Post-Service Reporting Requirements:
  Senior officials must inform the institution if they intend to engage in occupational activities within two years of leaving service. The institution then has the authority to decide whether to approve or prohibit such activities, subject to appropriate restrictions.

• Definition of Senior Officials:
  The term "senior officials" is defined in the Commission Decision C(2018) 4048 final. The Chairperson and the Executive Director are included in this definition.

• Lobbying and Advocacy Restrictions:
  Article 16(3) of the Staff Regulations prohibits former senior officials from engaging in lobbying or advocacy activities for 12 months after leaving service, specifically in relation to matters they were responsible for in the last three years.

  • Lobbying Activities: Activities aimed at influencing EBA staff in decision-making processes or other EBA-related activities, either directly or indirectly, for the benefit of their current or future employer.
    • Direct influence includes direct contact or communication with EBA staff.
    • Indirect influence includes managing a team, designing activities, or providing advice to the organisation they are employed by.
  • Advocacy Activities: Activities that relate to the EBA's scope of action and aim to influence its work or public perception, carried out through media, meetings, conferences, campaigns, or social events.

• Implementation of Article 16(4):
  Under Article 16(4), institutions are required to publish annually information on the implementation of the third paragraph, including a list of cases assessed. This transparency measure ensures accountability and compliance with the rules.

Key Cases in 2018

• Andrea Enria, former Chairperson:
  On 6 December 2018, the Council appointed Andrea Enria as the head of the Supervisory Board of the European Central Bank, effective 1 January 2019.
  • The position does not involve lobbying or advocacy activities vis-à-vis the EBA, as per Article 16(3).
  • According to the Decision on outside activities and assignments, taking up employment at a European Union institution does not trigger the obligation to inform the Commission under Article 16(2), as it does not result in leaving the service.
  • Therefore, the transition of Andrea Enria to this new role did not conflict with the legitimate interests of the EBA, and no decision under Article 16 was required.

Conclusion

The Annual Report 2018 confirms that the EBA has implemented the relevant provisions of the Staff Regulations regarding the post-service occupational activities of senior officials. The report highlights the importance of maintaining professional integrity and transparency, and it provides specific examples, such as Andrea Enria’s appointment, to illustrate how these rules are applied in practice. The EBA ensures that its former officials do not engage in activities that could compromise its interests or the public trust.