REF.: ACER/2012/010 ******

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1 Vacancy for a post of a Senior Legal and Policy Officer (Grade AD7) in the Market Monitoring Department at the Agency for the Cooperation of Energy Regulators (ACER) REF.: ACER/2012/010 Publication Title of function Parent Directorate-General / Service External Senior Legal and Policy Officer in the Market Monitoring Department (ACER) DG ENER (BXL) ****** 1. WE ARE The Agency for the Cooperation of Energy Regulators (hereinafter referred to as ACER), established by Regulation (EC) No 713/2009 1, will be central in the liberalisation of the EU's electricity and natural gas markets. The purpose of the Agency is to assist National Regulatory Authorities in exercising, at Community level, the regulatory tasks that they performed in the Member States and, where necessary, to coordinate their action. ACER will in particular: (a) complement and coordinate the work of National Regulatory Authorities; (b) participate in the creation of European network rules; (c) take, under certain conditions, binding individual decisions on terms and conditions for access and operational security for cross border infrastructure; (d) give advice on electricity and natural gas related issues to the European institutions; 1 Regulation (EC) No 713/2009 of the European Parliament and of the Council of 13 July 2009 (OJ L 211, , p. 1).

2 (e) monitor the internal markets in electricity and natural gas and report on its findings. Regulation (EU) No 1227/ on Wholesale Energy Market Integrity and Transparency (REMIT) has introduced new rules prohibiting abusive practices affecting wholesale energy markets and provides for the monitoring of these markets by ACER in close collaboration with national regulatory authorities (NRAs), to detect and deter market abuse. Some provisions in REMIT apply from its entering into force (28 December 2011). Wider reporting obligations of transactions concluded in the wholesale energy markets will apply only once the related Implementing Acts are adopted (expected in 2013). ACER is in the process of defining its strategy and adapting its internal structure for implementing REMIT. ACER currently has a staff of around 55 and an annual budget estimated at 7.3 million for ACER's internal structure currently comprises four departments (Electricity, Gas, Market Monitoring and Administration) and the Director s Office. ACER s headquarters are located in Ljubljana. 2. WE PROPOSE The tasks of the Senior Legal and Policy Officer in the Market Monitoring Department will include the following: - Advising on legal issues relating to REMIT; - Developing regulatory guidance and assuring the legislative quality control regarding the drafting of Guidelines and Recommendations relating to REMIT by ACER; - Providing legal advice and assistance on ACER s tasks and powers, including its powers regarding the breach of market abuse prohibitions of REMIT and other Union Law, in particular EU financial market legislation, and coordination of NRAs under REMIT; - Providing legal advice to the other staff members in the Market Monitoring Department on the interpretation and correct application of relevant provisions in REMIT and on broader administrative issues; - Legal review, in particular legal assessment of compliance with the requirements of REMIT; - Assisting the cooperation with national competent authorities and third-country supervisors under existing cooperation agreements; 2 Regulation (EU) No 1227/2011 of the European Parliament and of the Council of 25 October 2011 on wholesale energy market integrity and transparency (OJ L 326, , p. 1). 2

3 - Handling of applications to access to ACER documents and of information requests; - Preparation of annual reports to the European Commission according to Article 7(3) of REMIT; - Contribution to other legal and/or policy issues related to REMIT. The jobholder will work in the Market Monitoring Department, under the direct supervision of the Head of the Market Monitoring Department. The jobholder may be required to assist in other areas of work of the Agency, according to needs and priorities and to perform other legal tasks (also outside the REMIT area) as planned and defined by the Director and the Head of the Market Monitoring Department. 3. WE LOOK FOR: A) Eligibility criteria Candidates will be considered eligible for selection on the basis of the following formal criteria to be fulfilled by the deadline for applications: 1. To have a level of education which corresponds to completed university studies attested by a diploma, when the normal period of university education is four (4) years or more or a level of education which corresponds to completed university studies attested by a diploma, followed by professional experience in that field of at least one year when the normal period of university education is three (3) years (Only study titles that have been awarded in EU Member States or that are subject to the equivalence certificates issued by the authorities in the said Member States shall be taken into consideration). 2. By the closing date for applications candidates must, after obtaining the qualifications mentioned in point 3.A.1, have acquired at least 6 years of relevant professional experience; 3. To have a thorough knowledge of one of the official Union languages and a satisfactory knowledge of a second of these languages to the extent necessary to perform his/her duties; 4. Be a national of a Member State of the European Union; 5. To be entitled to his or her full rights as a citizen; 6. To have fulfilled any obligations imposed by the applicable laws concerning military service; 3

4 7. To meet the character requirements for the duties involved; 8. To be physically fit to perform the duties linked to the post 3. B) Selection criteria Essential 1. University degree and/or post-graduate degree in law; 2. By the closing date for applications candidates must, after obtaining the qualifications mentioned in point 3.A.1, have acquired at least 6 years of professional experience out of which at least 5 years in the energy sector or financial market sector in positions closely related to the profile of the post 4. Candidates are invited to briefly explain in their motivation letter in which positions they acquired this experience; 3. Good understanding of and/or experience in the application of REMIT and the EU financial market regulatory framework; 4. Sound knowledge of the EU institutional framework; 5. Excellent written and oral command (level C2 5 ) of the English language; candidates are invited to specify in their CV any language certificate they have obtained and which can demonstrate their language skills (no copies needed at this stage); 6. Good written and oral command (level B2 5 ) of a second official language of the European Union including the mother tongue; for languages other than the mother tongue, candidates are invited to specify in their CV any language certificate they have obtained and which can demonstrate their language skills (no copies needed at this stage); 3 Before the appointment, a successful candidate shall be medically examined by one of the institutions medical officers in order that ACER may be satisfied that he/she fulfils the requirement of article 28(e) of the Staff Regulations of the Officials of the European Union. 4 Professional experience is counted only from the time the candidate obtained the diploma required for being eligible. At a later stage, the candidate will be asked to provide supporting documents confirming the length and the level of his/her professional experience. 5 cf. Language levels of the Common European Framework of Reference: 4

5 7. High degree of organisational skills and ability to work in a team and under pressure; candidates are invited to specify in their CV or (briefly) in their motivation letter which type of processes or projects they worked on simultaneously and how they managed pressure and set their priorities; 8. Ability to use electronic office equipment (word processing, spread sheets, presentations, electronic communication, internet etc.); 9. Familiarity with the mission, organisation and functioning of the Agency. Advantageous 1. Previous experience in an EU institution or body, a national regulatory authority or a financial market authority is a strong asset; 2. Work experience in an international environment; 3. Knowledge of and professional experience with energy regulation and/or knowledge of financial services law in areas relevant to ACER s tasks; candidates are invited to briefly explain in their motivation letter in which positions they acquired their knowledge and professional experience with energy regulation; 4. Good written and oral command (level B2 5 ) of a third official language of the European Union; candidates are invited to specify in their CV any language certificate they obtained and which can demonstrate this language skill (no copies needed at this stage); 5. Knowledge of and experience with the organisation, structure and working procedures of the European Union, its institutions and decision making processes; candidates are invited to briefly specify in their CV or motivation letter any studies (including post graduate studies) and experience relevant for acquiring sufficient familiarity with the European Union, its institutions and decision making processes such as past professional experience in one of the European institutions (including a traineeship). 4. SELECTION AND APPOINTMENT The Regulation which provides the legal basis for ACER was adopted on 13 July 2009 (Official Journal of the European Union L 211 of ). A Selection Committee will evaluate the applications and select those candidates meeting the eligibility criteria and matching best the selection criteria. The Selection Committee will invite the selected candidates to an interview and test. The interview and test will focus on the following aspects: 5

6 - General aptitudes and language abilities to the extent necessary for the performance of their duties in accordance with article 12.2.e. of the Conditions of Employment of other Servants of the European Communities (CEOS); - Knowledge on European integration, the institutions and in particular in the domain of ACER; - Specific competences with reference to the applicants' profiles in line with the selection criteria of the present Vacancy Notice. The Selection Committee will propose a short list of successful candidates to the Appointing Authority. Candidates will be informed of the outcome of the interview. A reserve list of the most suitable candidates will be drawn up by ACER. In line with the Director Decision 2012/017, candidates achieving the qualifying mark in the competency test and interview of a minimum of 65% will be placed on the reserve list. 5. EQUAL OPPORTUNITIES ACER applies an equal opportunities policy and accepts applications without distinction on the grounds of sex, race, colour, ethnic or social origin, genetic features, language, religion, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation. 6. CONDITIONS OF EMPLOYMENT The successful candidate will be appointed by the Director of ACER as a temporary agent at grade AD7 pursuant to Article 2a of the CEOS for a period of 5 years which may be renewed. Pay and welfare benefits The pay of staff members consists of a basic salary supplemented with various allowances, including family allowances. Salaries are exempted from national tax, instead a Community tax at source is paid. The indicative gross basic monthly salary for grade AD7, step 1, is 5.568,11 EUR. Nevertheless, this basic salary is adapted through a series of allowances (e.g. household allowance, dependent child allowance, pre-school or education allowance, expatriation allowance, installation allowance, etc.) according to the personal situation. Staff members may also be entitled to the reimbursement of removal costs and an initial temporary daily subsistence allowance. The provisions guiding the calculation of these allowances can be consulted in Annex VII of the Staff Regulations available at the following address: The place of employment is Ljubljana (Slovenia). 7. APPLICATIONS PROCEDURE For applications to be valid, candidates must submit: 6

7 a detailed curriculum vitae in European CV format in English a letter of motivation (2 pages maximum) in English Applications should be sent by to SELECTIONS-ACER @acer.europa.eu quoting the reference number of the vacancy notice. Supporting documents (e.g. certified copies of degrees/diplomas, references, proof of experience etc.) should not be sent at this stage but must be submitted at a later stage of the procedure if requested. In order to facilitate the selection process, all communications to candidates concerning this vacancy will be in English. Under no circumstances should candidates approach the selection committee, directly or indirectly, concerning this recruitment. The authority authorised to conclude contracts reserves the right to disqualify any candidate who disregards this instruction. Applications must be sent by by 07 December 2012 extended until 11 January 2013 (closing time 23:59 Ljubljana time). If at any stage in the procedure it is established that any of the information a candidate provided is incorrect, the candidate in question will be disqualified. In case of appeal, the candidates are invited to consult FAQ on ACER website: ACER.aspx. 7