EN Official Journal of the European Union C 219/1

Communication from the Commission — Statement by the Commission with regard to the entry into force on 19 May 2009 of the Second Protocol to the Convention on the protection of the European Communities’ financial interests

2009/C 219/01

The Second Protocol to the Convention on the protection of the European Communities’ financial interests enters into force, according to its Article 16, ninety days after the notification to the Secretary-General of the Council of the European Union of the completion of the national procedures required for adopting that Protocol, by the State which, being a member of the European Union on the date of the adoption by the Council of the act drawing up that Protocol, is the last to fulfil that formality.

As the last of these notifications took place on 18 February 2009, the Second Protocol to the Convention on the protection of the European Communities’ financial interests entered into force on 19 May 2009.

The Commission reaffirms its commitment to accept the tasks entrusted to it under Article 7 of the Second Protocol to the Convention on the protection of the European Communities’ financial interests, as enshrined in the Commission Declaration on Article 7 enclosed to that Protocol.

The Commission notes that:

— the processing of personal data carried out by the Commission is subject to Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data. Regulation (EC) No 45/2001 also provides that the monitoring and enforcement of compliance with the provisions of this Regulation and any other Community act relating to the protection of the fundamental rights and freedoms of natural persons with regard to the processing of personal data by a Community institution or body is done by an independent supervisory authority, the European Data Protection Supervisor,

— in the context of the exchange of information under Article 7(2) of the Second Protocol, and pursuant to its Article 8 as regards processing of personal data, a level of protection equivalent to the level of protection set out in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (1) is ensured within the Commission (OLAF) through the application of Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (2),

— the supervisory authority for the purpose of exercising the function of independent data protection supervision over personal data held by the Commission (OLAF) required under Article 11 of the Second Protocol is the European Data Protection Supervisor, being the independent supervisory authority established by Regulation (EC) No 45/2001,

— the Court of Justice of the European Communities has jurisdiction to hear all disputes which relate to the provisions of Regulation (EC) No 45/2001, as requested under Article 15 of the Second Protocol.

Consequently, having complied with its obligation to publish the data protection rules pursuant to Article 9 of the Second Protocol and the terms of Article 11 of the Second Protocol concerning the supervisory authority, the Commission considers that it has implemented its obligations with the result that Article 7(2) of the Second Protocol becomes fully applicable between itself and the Member States having ratified that Protocol.

Done at Brussels, 11 September 2009. For the Commission Siim KALLAS Member of the Commission

(1) OJ L 281, 23.11.1995, p. 31.

(2) OJ L 8, 12.1.2001, p. 1.