Article 9 Authority staff
1. Fifteen (15) positions for special scientific personnel within the meaning of Article 2 of Presidential Decree 50/2001 (Government Gazette 39A) under private law contracts of employment are hereby established at the Authority, eight (8) of which shall be filled by jurists, three (3) by qualified engineers, one (1) by a chemist, two (2) by computer scientists and one (1) position by an economist. The positions for jurists may be filled by lawyers. The employment of a special scientist by the Authority is incompatible with and shall result in suspension of the relevant freelance profession or function. Breach of this obligation shall constitute good cause for termination of their employment relationship by the Authority.
2. The positions referred to in the previous paragraph shall be occupied by scientists with at least a three-year experience in the field of public procurement, in accordance with the provisions of Law 2190/1994 (Government Gazette 28A), as amended, following publication of a notice by the Authority specifying the formal and material qualifications required in accordance with the provisions of Article 2 of Presidential Decree 50/2001. In order to satisfy the immediate needs of the Authority in terms of specialist staff, these positions, may be filled, as a matter of priority, by the staff of Community Support Framework Management S.A. (Law 2372/1996, Government Gazette 29A) with the same formal and material qualifications on a three-year secondment, which may be renewed once. These positions may be filled, in accordance with the conditions laid down in the first subparagraph, by transferring or seconding on a three-year secondment, renewed once, personnel of any grade or brunch or with any employment relationship from the state agencies or the agencies referred to in Article 1 par. 6 of Law. 1256/1982 (Α` 65) or in the third Article of Law. 2372/1996 (Α` 29). The said staff shall be seconded or transferred notwithstanding any general or specific provisions to the contrary, by only decision of the Minister for Development, Competitiveness, Infrastructures, Transports and Networks without required the procedure referred to article 68(1) of Law 4002/2011 (Α`180).
3. For the administrative support of the Authority, seven (7) permanent staff positions of PE grade (university level) administration/finance are hereby established, to which staff shall be recruited in accordance with the provisions of Law 2190/1994 (Government Gazette 28A), as in force, following publication of a notice by the Authority specifying the required formal and material qualifications. The positions of administrative staff of any grade or specialization, may be filled by transferring or seconding on a three-year secondement, renewed once, personnel, which serves with any employment relationship at government agencies or agencies referred to in Article 1 par. 6 of Law. 1256/1982. Said staff shall be seconded or transferred by way of derogation from any general or specific provisions to the contrary, by only by decision of the Minister for Finance and Development without following the procedure referred to in article 68 par. 1of Law. 4002/2011 (Α` 180). The said staff shall be paid remuneration provided for under current legislation. The staff transferred shall maintain the same employment relationship and shall continue to be insured by the same main and auxiliary insurance agencies.
4. For the secretarial support to the President and Vice-President of the Authority, two (2) secretarial positions are hereby established, to be filled by seconding staff for a three year secondment, renewed once, from agencies in the broader public sector as defined in Article 14(1) of Law 2190/1994, as in force. Said staff shall be seconded, by way of derogation from any general or specific provisions to the contrary, only by decision of the Minister for Finance and Development at the proposal of the President or Vice-President, respectively. This staff shall automatically return to their position on the departure, of the said member of the Authority, for any reason whatsoever, without any further procedure. Similarly, said staff shall return to their position at any time by decision of the Minister for Development, Competitiveness and Shipping, at the proposal of the President or Vice-President, as applicable.
5. Article 4 para. 2, 3, 5 and 6 of Law 3051/2002, as amended, shall also apply to the Authority’s staff. The seconded staff, holding special scientific and administrative personnel positions, shall receive remuneration of their grade and salary scale according to the current legislation. In any case, their total remunerations shall be not lower than those received from the agency from which they were seconded and their salaries shall burden the budget of the Authority, and their payment shall be also made by the Authority. The total period of service in their agency of origin of the staff transferred and time recognized as previous service shall be construed as actual service at the Authority for the purpose of promotion and pay rises and for all other purposes.
6. a)The position of General Director of the Authority is established. The General Director shall:
aa) head the departments under the General Directorate of Public Procurement and ensures that the necessary actions are taken, in accordance with the decisions of the Authority and directions of its President,
bb) act as the administrative head of staff,
cc) exercise the President’s responsibilities, which are entrusted to him by the President’s decision. Until the appointment of the General Director or if he is not present, the powers of subpar. aa) and bb) are exercised by the Authority’s President,
dd) have the powers of the General Manager of the Department of Finance, as they are each time described by the provisions on public accounting.
b) The General Director must have three years of experience in the area of financial management or managerial control and administrative experience in the public or private sector, while any experience in a module related to the Authority’s objectives shall be also taken into account. Additional formal and material qualifications may be defined in the invitation for the fulfillment of the position issued by the Authority and published in at least two daily newspapers.
c) The General Director shall be employed on a full-time and exclusive basis and is appointed for a three-year term, which can be renewed once, with an Authority’s decision. The General Director’s term of office may be terminated prior to its expiry on grounds related to inability or defective execution of his duties, by an act of the President, issued following a specifically reasoned opinion of the Authority.
d) Candidates for the position of the General Director may be civil servants, public officials or employees of the public sector, as defined in par. 1 of Article 1B of Law 2362/1995(A’ 247). The General Director is chosen by the Authority and is appointed by decision of the President, by way of derogation from the provisions of Ministerial Cabinet Act 33/2006, as in force each time. A three-member committee, established by the Authority and consisting of its President, one of its members and a member of ASEP, gives to the Authority its proposal on the choice.
e) If the General Director comes from an agency of the public sector, after the expiry or the non-renewal of its term, by joint decision of the Ministers for Administrative Reform and eGovernment, Finance, Development, Competitiveness and Shipping and the competent Minister in each case, shall return, after submitting a relevant application, to the agency of origin and shall occupy a vacant position corresponding to the position he held in the same agency, or, failing any such position, occupy a personal position with the same employment relationship, of the same category, grade and brunch or specialty, established by the same decision. His service at the position of the General Director of the Authority constitutes real public service for all consequences and is taken into account for his further career and salary promotion as previous experience in the position of the head of General Director. f) The remunerations of General Director shall be stipulated by joint decision of the Ministers for Finance and Development, Competitiveness and Shipping.
7. The remuneration of employees seconded from the Authority to another agency shall be paid by the service in which they are placed, by any exception of general or special provision.
8. In order to assist the President in the exercise of his duties, , in addition to the positions referred to in the Regulation of the Authority, three (3) positions with private-law fixed-term employment contract, in which article 5 par. 6 of Law. 3297/2004 (Α` 259) and the chapter Β` of Law. 4354/2015 (Α` 176), concerning the remunerations, apply mutatis mutandis.
In case of secondment to fill the positions of the previous sentence, the provision of the fourth sentence of par. 2 of the present article shall apply.