AMENDING LETTER N°1 TO THE PRELIMINARY DRAFT BUDGET 2002 - SECTION VIII B - EUROPEAN DATA PROTECTION SUPERVISOR - SECTION III - COMMISSION

(presented by the Commission)

Having regard to:

- Article 272 of the Treaty establishing the European Community,

- Article 78 of the Treaty establishing the European Coal and Steel Community,

- Article 177 of the Treaty establishing the European Atomic Energy Community,

- Article 14 of the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities [1] as last amended by Regulation n° 762/2001 [2] of 9 April 2001,

[1] OJ L 356, 31.12.1977, p. 1.

[2] OJ L 111, 20.4.2001, p. 1.

The European Commission hereby presents the letter of amendment n° 1 to the 2002 preliminary draft budget for the reasons set out in the explanatory memorandum.

***

A technical annex regarding the financing of the present letter of amendment is being drawn up separately.

TABLE OF CONTENTS

EXPLANATORY STATEMENT

1. General introduction

The present proposal covers different sections of the budget: the first concerns the creation of subsection VIII b to cater for the creation of the European Data Protection Supervisor. The second is related to the development of the Schengen Information System II. The total amount in expenditures of the amending letter is ¬ 1 793 000 and ¬ 176 997 in revenues.

1.1. European data protection Supervisor

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 [3] ("the Regulation") provides for the establishment of an independent supervisory authority entrusted with ensuring the application of the provision of the Regulation. This authority is entitled the European Data Protection Supervisor ("the Supervisor") and is assisted by an Assistant Supervisor.

[3] OJ L 8 of 12.1.2001, p. 1.

On the basis of this Regulation, the Commission presented on 18.7.2001 a proposal for a Decision of the European Parliament, of the Council and of the Commission on the regulations and general conditions for the performance of the duties of the European Data Protection Supervisor [4]. There, the Commission stressed its determination to take the steps needed on its part to enable the European Data Protection Supervisor to be established and become operational as soon as possible and in particular to take action in the budget procedure to ensure that the Supervisor appointed has the necessary human and financial resources needed for the performance of his tasks upon taking office.

[4] COM(2001) 411 final

According to Treaty each institution evaluates its needs and makes the necessary financial requests to the budgetary authority. This means the Supervisor himself should rather table the present request, according to his estimates and under his responsibility. However, the fact that the Supervisor has not yet been nominated should not be an obstacle to make adequate provisions for the Supervisor within for the General Budget of the Union 2002, so that he can start his activity immediately upon taking office. It is only with that regard that the Commission is putting forward the present letter.

Therefore, the Commission submits to the budgetary authority this letter of amendment to the PDB for 2002 containing a forecast of the resources needed by the Supervisor and established on the basis of that proposal.

The present estimates rely on the assumption that a number of services related to the administrative functions of the Supervisor will be provided by the administrative services of the EP in a way similar to what is the case for the European Ombudsman. Should this not be the case, additional staff needs could amount to 5 new posts.

The present letter of amendment covers only 2002, the year of setting up when the total cost will be 1 526 000 ¬ for 15 posts and revenues of 137 000 ¬. In the medium term there would be 21 posts for a total amount of 2 899 000 ¬ and revenues of 319.000 ¬ [5] .

[5] Calculated for 1 A4 + 1 A5 + 1 B5 +1B3 + 1 C3 + 1 C4 in addition to the 15 already contained in the present document, based on the present level of salaries

1.2. Schengen Information System - SIS II

The Schengen acquis, which was incorporated into the framework of the European Union when the Treaty of Amsterdam entered into force, comprises all the measures enabling the objective of an area without internal frontiers to be achieved.

The Schengen Information System (SIS) is essential to the functioning of the Schengen area without frontiers. It has been decided to develop a second-generation SIS (SIS II) to enable the applicant countries to be incorporated into the SIS and to introduce new functionalities.

It should be stressed that the Treaty of Amsterdam overturned the budgetary principles governing the third pillar: prior to the Treaty of Amsterdam, unanimity was required to charge operational expenditure linked to the third pillar to the Community budget, failing which financing would have to be on an intergovernmental basis. The situation has now been reversed: unanimity is required for intergovernmental financing, and it is enough for only one Member State to object for the Community budget to come automatically into play (see Article 41(3) of the Treaty on European Union).

This eventuality materialised for the first time at the Justice and Home Affairs Council meeting on 28 and 29 May, when the Council, noting the lack of unanimity in favour of intergovernmental financing, concluded that SIS-II development would be financed by the Community budget from 2002.

On 20 July the Budget Council entered ¬950 000 into Article B5-840 - Schengen - to finance the launch of SIS II. Given that this is a new major and growing task decided by the Council but administered by the Commission, the Commission would ask the budgetary authority that the additional human resources needed for the new work linked to SIS II development be entered in the 2002 budget. As the preliminary draft budget does not provide any appropriations for Article B5-840 or the corresponding administrative resources (¬267 000), these are included in this letter of amendment.

2. Requested Posts and Allocations under Section VIII B - European Data Protection Supervisor

2.1. Framework

According to article 43.2 of the Regulation, the budget authority shall ensure the European Data Protection Supervisor is provided with the human and financial resources necessary for the performance of his task.

Under article 43.3 and 43.4, this Regulation mentions the European Data Protection Supervisor shall be assisted by a Secretariat and the European Data Protection Supervisor's budget shall be shown in a separate budget heading in section VIII of the general budget of the European Union. The present letter of amendment proposes the creation of the relevant structure.

This budgetary framework has mainly been based upon the DB 2002 figures for the European Ombudsman, considering this institution represents a valuable basis as regards its size as well as its type.

2.2. Establishment Plan

As regards the European Data Protection Supervisor himself and his Assistant Supervisor, they are to be considered as members of the authority itself and are therefore not to be mentioned in the establishment plan.

Concerning the Secretariat of the Supervisor, the Commission has worked on the basis of its estimates for the human and budgetary needs of the Supervisor's office which was contained in the financial statement included in the Commission original proposal for the Regulation in 1999. On that occasion, it was envisaged that the probable total staff of the office of the Supervisor would amount to 10 posts, of which 6 A grade, 2 B grade and 2 C grade.

However, it is to be noted that the tasks imposed on the Supervisor have undergone several changes since the Commission proposal of 1999, and that the resulting workload involves a revision of those estimates in order to bring the Supervisor's resources in line with his new duties. The changes are as follows:

* Article 33 of the Regulation now allows for any person employed by a Community institution or body to lodge a complaint with the Supervisor regarding an alleged breach of the provisions of the Regulation, without having to prove that the matter affects his/her tasks. This broadened scope may lead to an increase in the number of complaints which may require strengthening the staff by 0.25 A, 0.25 B and 0.50 C posts.

* Article 46 (f)(ii) of the Regulation imposes on the Supervisor the obligation to cooperate with the supervisory data protection bodies established under Title VI of the Treaty on European Union particularly with a view to improving consistency in applying the rules and procedures with which they are respectively responsible for ensuring compliance. This is likely to generate an increase in the Supervisor's workload which in turn may require a supplementary staffing estimated at 0.50 A and 0.25 B.

* Article 12.2 of the Regulation provides for the compulsory consultation of the Supervisor where an exception is established to the obligation of the controller to provide the data subject with information on the data processing where the data have not been obtained from him. Furthermore, article 19 of the Regulation allows for the Supervisor to authorise exceptions to the data subject's right not to be subject to automated individual decisions, and to provide for adequate safeguards in such case. These changes will have an impact on the Supervisor's duty to determine, give reasons for and make public the exemptions, safeguards, authorisations and conditions for certain kinds of processing, as set out in article 46 (h) of the Regulation. The implication on the Supervisor's staff could be estimated at 0.75 A, 0.25 B and 0.25 C.

* Article 46 (i) of the Regulation refers to the duty of the Supervisor to provide means of access to the registers kept by the Data Protection Officers, which refer to processing operations. According to article 26 of Regulation 45/2001, these registers may be inspected by any person directly or indirectly through the Supervisor. The Supervisor has therefore to design and organise the system of registers kept by the Data Protection Officers and in particular the procedures for consultation of the registers, so that data subject are given the means to effectively have access to them; and manage and satisfy individual requests for access to such registers, when data subjects choose to demand access through the Supervisor. These new tasks would increase the Supervisor's staff needs by an estimated 0.25 A, 1 B and 0.50 C.

* Article 27 of the Regulation make subject to prior checking by the Supervisor processing operations likely to present specific risks to the rights and freedoms of data subjects by virtue of their nature, their scope or their purposes. According to this new, wider formulation, it is no longer necessary for prior checking by the Supervisor that such processing operations make part of a list drawn by the Supervisor. This allows for a wider array of processing operations to be potentially subject to prior checking by the supervisor. The workload of the Supervisor under this heading is likely to grow and to require an increase in his staff which can be estimated at 1 A, 1 B and 1 C.

* Article 47 of the Regulation gives the Supervisor the power to refer the matter to the Court of Justice of the European Communities under the conditions provided for in the Treaty. Although the Supervisor may use this remedy only after other means of intervention have failed, the referral to the Court of Justice remains an activity with the potential to be relatively intense in the first years of the Supervisor's mandate, and until a body of Community case law on data protection has built up. The corresponding supplementary staff needs could be estimated at 0.25 A, 0.25 B and 0.25 C.

* Council Regulation (EC) No 2725/2000 of 11 December 2000 concerning the establishment of 'Eurodac' for the comparison of fingerprints [6] sets up an independent joint supervisory authority to monitor the activities of the Central Unit of 'Eurodac' and to ensure that the rights of data subjects are not violated by the processing or use of the data held by the Central Unit. In addition, it shall monitor the lawfulness of the transmission of personal data to the Member States by the Central Unit. The joint supervisory authority is to be disbanded upon the establishment of the independent supervisory body referred to in Article 286(2) of the Treaty. The Supervisor thus replaces the 'Eurodac' joint supervisory authority and exercises all its powers. Staff needs flowing from the tasks imposed on the Supervisor by the 'Eurodac' regulation have been estimated at 1 A, 1 B and 0.50 C.

[6] Council Regulation (EC) No 2725/2000 of 11 December 2000 concerning the establishment of 'Eurodac' for the comparison of fingerprints for the effective application of the Dublin Convention, OJ L 316 of 15.12.2000 p. 1.

The staff increase in the Supervisor's office arising from the new tasks which the Community legislator has given him would thus amount to 11 new posts, of which 4 A, 4 B and 3 C. Adding this to the 10 posts estimated in the original Commission proposal back in 1999, the Community Budget for 2002 should make provision for 21 posts in the Secretariat of the European Data Protection Supervisor, of which 10 A, 6 B and 5 C.

As stated above, the Supervisor himself should assess the requested posts and appropriations. Therefore the Commission limits the request to the Budgetary Authority in the present letter to the resources considered as necessary for the European Data Protection Supervisor to progressively start up his activities, once he is appointed. In this frame, the above mentioned estimated staff needs of 11 posts in relation with the new tasks assigned to the EDPS since 1999, have been limited to 5 in this letter. This calculation brings the total number of staff requested for the Secretariat of the Supervisor in 2002 to 15 posts, of which 8 A, 4 B and 3 C.

The estimates of 10 posts contained in the original Commission proposal of 1999 were based on the assumption that the Supervisor's office would be integrated into the existing infrastructure of the European Parliament in a similar way to the European ombudsman. That means a number of services relating to the administrative functions of the Supervisor would be provided by the administrative services of the European Parliament. The Commission sees no reason for discarding this assumption in the present letter. In fact, the figure of the European Ombudsman has kept a marked influence on the institutional profile of the Supervisor in the Regulation, which takes over many elements of the Ombudsman when it refers to the Supervisor. Furthermore this solution appears as the most rational and cost effective one.

However, in case none of the Institutions would accept to support the Supervisor's services with their current administrative structure, the Supervisor should then be given the resources to have his office running independently. In that case, the additional staff needs could be estimated to 5 posts, which roughly corresponds to the efficiency saving, such as realised by supporting the Ombudsman, with the European Parliament's administrative services [7].

[7] The European Ombudsman annual report 2000, page 251

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2.3. Appropriations

2.3.1. Remuneration of the European Data Protection Supervisor and the Assistant Supervisor

The Commission has proposed to place the European Data Protection Supervisor on the same footing as a judge of the Court of Justice of the European Communities as regards the determination of his remuneration, allowances, retirement pension and any other benefit in lieu of remuneration. The Assistant Supervisor should be placed on the same footing as the Registrar of the Court of Justice with that regard. The Commission expects the Supervisor may have been nominated by April 2002 according to the procedures laid out in the Regulation.

Thus, the table hereunder mentions the required appropriations for the Members, calculated as follows:

* monthly basic salary of the European Data Protection Supervisor equal to 112% of the basic salary of an official of the European Communities in the last step of grade A1;

* monthly basic salary of the Assistant Supervisor equal to 101% of the basic salary of an official of the European Communities in the last step of grade A1;

* entry upon their functions of both the European Data Protection Supervisor and the Assistant Supervisor on 1 April 2002;

* related costs under chapter 10 calculated by analogy with the DB 2002 figures for the European Ombudsman.

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2.3.2. Human resources for the Secretariat

It seems realistic to assume the Supervisor will as soon as possible recruit a central team of some 5 people (of which 1 A, 2 B and 2 C), which would be on the payroll for 8 months of the year 2002. The recruitment of the remaining 10 staff (of which 7 A, 2 B and 1 C) would take place in a second stage, and provision for them should be made in the budget for an average occupation of 4 months

The Commission has based its evaluation of the necessary appropriations for the basic salaries according to the establishment plan, assuming the engagements on the second step of concerned grades.

The other lines of chapter 11 have been calculated by analogy with the PDB 2002 figures for the European Ombudsman.

It has to be stressed that the appropriations of line 1178 "Support for Activity" have been conceived in accordance with the retained hypothesis as regards the administrative overheads, supposing these tasks will be assumed by one of the other institutions.

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2.3.3. Infrastructure

While being based on the DB 2002 figures for the European Ombudsman, the calculation of the appropriations required for the lines under title 2 has also been taking into account fixed costs related to the starting up period.

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2.3.4. Synthetic table

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3. Requested Allocations under section III - commission for the development of the SIS II (Schengen Information System)

At the Coreper meeting of 20 June last, the previous Swedish Presidency and the Belgian Presidency presented two initiatives (one based on the first pillar and the other on the third pillar) aimed at conferring responsibility for SIS II development on the Commission, to be assisted by a committee. [8] These proposals which, once adopted, will serve as a legal base have been presented to the relevant working party, and discussions are proceeding quickly.

[8] OJ C 183, 29.6.2001, p.12.

At its meeting of 20 July 2001 the Budget Council entered ¬950 000 under Article B5-840 - Schengen - of the draft budget for 2002 to finance "preparatory measures" within the meaning of the Interinstitutional Agreement of 6 May 1999 [9] which the Commission can therefore implement without waiting for the legal base to be adopted.

[9] OJ C 172, 18.6.1999; p. 1

The financial statement annexed to the Swedish and Belgian initiatives contains an estimate of expenditure (Part B) of ¬14 550 000 spread over five years (including a head of project and operators) and four posts (2 A, 1 END and 1 C) for Part A of the budget. At the current preparatory stage, the Commission considers that it would be preferable to have the whole of the amount corresponding to these posts as appropriations for support staff. The corresponding costs have been calculated at ¬224 000 for Item A-7000 - auxiliary staff - (2 x 91 000 + 42 000). In 2002 ¬43 000 will have to be provided under Item A-7003 for the post of a seconded national expert. Title A-7 would thus increase by ¬267 000. Recruitment of these staff would generate miscellaneous revenue of ¬34 043 in Article 400 (taxes) and ¬5 954 in Article 403 (contributions), a total of ¬39 997.

Of course, once the Council has adopted the legal base, it will be necessary to review medium-term requirements of both operating appropriations and human and administrative resources.

GENERAL SUMMARY OF APPROPRIATIONS FOR 2002 (euro)

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(*) including 167 m¬ for staff contributions to the pension scheme, according to footnote n°2 in the tables of he financial perspectives and the financial framework for the EU21 attached to the IIA of 6/5/1999.

STATEMENT OF REVENUE

SECTION VIII B - EUROPEAN DATA PROTECTION SUPERVISOR

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TITLE4-MISCELLANEOUS COMMUNITY TAXES, LEVIES AND CHARGES

CHAPTER4 0-DEDUCTIONS FROM REMUNERATION

Article4 0 0-Proceeds of the tax on the salaries, wages and allowances of Members of the institution, officials and other servants

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Protocol on the privileges and immunities of the European Communities, and in particular Article 13 thereof.

Council Regulation No 422/67/EEC, 5/67/Euratom of 25 July 1967 determining the emoluments of the President and members of the Commission and of the President, Judges, Advocates-General and Registrar of the Court of Justice and of the President, Members and Registrar of the Court of First Instance (OJ 187, 8.8.1967, p. 1), as last amended by Regulation (EEC, Euratom, ECSC) No 2778/98 (OJ L 347, 23.12.1998, p. 1).

Council Regulation (EEC, Euratom, ECSC) No 260/68 of 29 February 1968 laying down the conditions and procedure for applying the tax for the benefit of the European Communities (OJ L 56, 4.3.1968, p. 8),as last amended by Regulation (ECSC, EC, Euratom) No 2954/98 (OJ L 307, 17.11.1998, p. 3).

Proposal for a decision of the European Parliament, of the Council and of the Commission on the regulations and general conditions for the performance of the duties of the European Data Protection Supervisor of 18 July 2001 (COM(2001)411 final).

Article4 0 1-Staff contributions to the financing of the pension fund

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Staff Regulations of Officials of the European Communities, and in particular Article 83(2) thereof.

Article4 0 3-Proceeds of the temporary contribution applied to the salaries of members of the institutions, officials and other servants in active employment

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Protocol on the privileges and immunities of the European Communities, and in particular Article 13 thereof.

Council Regulation No 422/67/EEC, 5/67/Euratom of 25 July 1967 determining the emoluments of the President and members of the Commission and of the President, Judges, Advocates-General and Registrar of the Court of Justice and of the President, Members and Registrar of the Court of First Instance (OJ 187, 8.8.1967, p. 1), as last amended by Regulation (EEC, Euratom, ECSC) No 2778/98 (OJ L 347, 23.12.1998, p. 1).

Council Regulation (ECSC, EEC, Euratom) No 3831/91 of 19 December 1991 amending the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities with a view to introducing a temporary contribution (OJ L 361, 31.12.1991, p. 7).

Proposal for a decision of the European Parliament, of the Council and of the Commission on the regulations and general conditions for the performance of the duties of the European Data Protection Supervisor of 18 July 2001 (COM(2001)411 final).

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TITLE9-MISCELLANEOUS REVENUE

CHAPTER9 0-MISCELLANEOUS REVENUE

Article9 0 0-Miscellaneous revenue

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SECTION III - COMMISSION

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TITLE4-MISCELLANEOUS COMMUNITY TAXES, LEVIES AND CHARGES

CHAPTER4 0-DEDUCTIONS FROM REMUNERATION

Article4 0 0-Proceeds of the tax on the salaries, wages and allowances of Members of the institution, officials and other servants

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Budgetary comments unchanged

Article4 0 3-Proceeds of the temporary contribution applied to the salaries of members of the institutions, officials and other servants in active employment

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Budgetary comments unchanged

STATEMENT OF EXPENSES

SECTION VIII B - EUROPEAN DATA PROTECTION SUPERVISOR

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TITLE1-EXPENDITURE RELATING TO PERSONS WORKING WITH THE INSTITUTION

CHAPTER1 0-MEMBERS OF THE INSTITUTION

Article1 0 0-Salaries, allowances and payments related to salaries

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Council Regulation No 422/67/EEC, 5/67/Euratom of 25 July 1967 determining the emoluments of the President and Members of the Commission, of the President, Judges, Advocates-General and Registrar of the Court of Justice (OJ 187, 8.8.1967, p. 1), as amended by Regulation (EEC, Euratom, ECSC) No 3762/92 (OJ L 383, 29.12.1992, p. 4).

Proposal for a decision of the European Parliament, of the Council and of the Commission on the regulations and general conditions for the performance of the duties of the European Data Protection Supervisor of 18 July 2001 (COM(2001)411 final).

Article1 0 1-Accident and sickness insurance and other social security charges

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Regulation determining the emoluments of the members of the institutions, and in particular Articles 11 and 14 thereof.

This appropriation is intended to cover:

- the institutions' contributions (0,97 %) towards insurance against accident and occupational disease,

- the institutions' contributions (3,4 %) towards sickness insurance,

- birth grants,

- allowances payable in the event of death.

Article1 0 2-Temporary allowances

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Regulation determining the emoluments of the members of the institutions, and in particular Article 7 thereof.

This article is intended to cover transitional allowances, family allowances and weighting in respect of countries of residence.

Article1 0 3-Pensions

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Regulation determining the emoluments of the members of the institutions, and in particular Articles 8, 9, 15 and 18 thereof.

This article is intended to cover the retirement pensions and the weighting in respect of the countries of residence of the members of the institutions as well as the survivors' pensions of widows and orphans and the weightings applied in respect of their countries of residence.

Article1 0 4-Mission expenses, travel expenses and other ancillary expenditure

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Regulation determining the emoluments of members of the institutions, and in particular Article 6 thereof.

This appropriation is intended to cover travel expenses, daily subsistence allowances while on missions and additional or exceptional expenditure incurred on mission.

Article1 0 5-Allowances and expenses on entering and leaving the service

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Regulation determining the emoluments of members of the institutions, and in particular Article 5 thereof.

This article is intended to cover travel expenses due to members (including their families) on taking up duty or leaving the institution, installation and resettlement allowances due to members on taking up duty or leaving the institution and removal expenses due to members on taking up duty or leaving the institution.

Article1 0 6-Courses

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This appropriation is intended to cover expenses incurred in attending language courses or other professional training seminars.

Article1 0 9-Adjustments of emoluments

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Regulation determining the emoluments of members of the institutions, and in particular Article 4a thereof, and the Financial Regulation.

This appropriation is intended to cover the payment of weighting and any adjustments to salaries and pensions made by the Council during the financial year.

CHAPTER1 1-STAFF IN ACTIVE EMPLOYMENT

Article1 1 0-Officials and temporary staff holding a post provided for in the establishment plan

Staff Regulations of officials of the European Communities, and in particular Articles 62 and 66 thereof.

Item1 1 0 0-Basic salaries

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This appropriation is intended to cover basic salaries of officials and temporary staff.

Item1 1 0 1-Family allowances

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This appropriation is intended to cover family allowances, which include:

- head of household allowance,

- dependent child allowance,

- education allowance,

for officials and temporary staff.

Item1 1 0 2-Expatriation and foreign residence allowances (including Article 97 of the ECSC Staff Regulations)

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This appropriation is intended to cover the expatriation and foreign-residence allowances of officials and temporary staff.

Item1 1 0 3-Secretarial allowance

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This appropriation is intended to cover the flat-rate secretarial allowance paid to officials in category C.

Article1 1 1-Other staff

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Conditions of employment of other servants of the European Communities, and in particular Article 3 and Title III thereof.

This appropriation is intended to cover the remuneration of, and the employer's social security contributions for auxiliary staff, local staff and special advisers.

Article1 1 2-Further training

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Staff Regulations of officials of the European Communities, and in particular Article 24 (8) thereof.

Article1 1 3-Sickness, accident, occupational disease and unemployment insurance and maintenance of pension rights

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Staff Regulations of officials of the European Communities.

This appropriation is intended to cover the institution's contribution towards sickness insurance (Article 72) and towards insurance against accident and occupational disease (Article 73), the institution's contribution to the setting up of a special unemployment fund (Article 28(7) of the conditions of employment of other servants of the European Communities), payments to be made by the institution for temporary staff in order to constitute or maintain pension rights in their countries of origin (Article 42 of the conditions of employment of other servants of the European Communities).

It also covers expenses relating to the annual medical check-up for officials and other servants entitled to it, including the analyses and medical examinations requested in connection with that check-up.

Article1 1 4-Miscellaneous allowances and grants

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Staff Regulations of officials of the European Communities, and in particular Articles 70, 74 and 75 thereof.

This appropriation is intended to cover the birth grant (Articles 70, 74 and 75) and the flat-rate travel expenses from the place of employment to the place of origin (Article 8 of Annex VII), rent and transport allowances (Articles 14a and 14b of Annex VII), fixed rate entertainment allowances (Article 14 of Annex VII), fixed travel allowances (Article 15 of Annex VII) and the special allowances granted to accounting officers and administrators of imprest accounts (Article 75).

Article1 1 5-Overtime

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Staff Regulations of officials of the European Communities, and in particular Article 56 thereof and Annex VI thereto.

Under the provisions of the Staff Regulations of officials of the European Communities, overtime is paid only to category C and D officials and other servants with reference to their basic salaries.

Article1 1 7-Supplementary services

Item1 1 7 5-Translation and interpretation costs

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This appropriation is intended to cover the cost of all supplementary services, in particular the translation and typing of the annual report and other documents, contracted and occasional interpreters and other associated costs.

Item1 1 7 8-Support for activities

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This appropriation is intended to cover the global 'management costs' payable to the Institution providing general services such as administration of contracts, salaries and allowances, data-processing services, etc. on behalf of the European Data Protection Supervisor.

Article1 1 8-Allowances and expenses in connection with officials entering and leaving the service and transfers

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Staff Regulations of officials of the European Communities.

This appropriation is intended to cover expenditure relating to recruitment procedures (Articles 27 to 31 and 33 and Annex III), travel expenses of officials (including members of their families) entering or leaving the service or on geographical redeployment (Articles 20 and 71 and Article 7 of Annex VII), allowances for staff obliged to change their place of residence on taking up their duties, terminating their service or being transferred to a new place of work (Articles 5 and 6 of Annex VII), removal expenses (Articles 20 and 71 and Article 9 of Annex VII), daily allowances for staff who can prove that they have been obliged to change their place of residence after taking up their duties (Articles 20 and 71 and Article 10 of Annex VII).

Article1 1 9-Adjustments to salaries of officials and other servants

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Staff Regulations of officials of the European Communities.

This appropriation is intended to cover the impact of salary weighting (Articles 64 and 65 and Annex XI) and any salary adjustments agreed by the Council during the financial year (Article 65 and Annex XI).

CHAPTER1 2-ALLOWANCES AND VARIOUS CONTRIBUTIONS IN CONNECTION WITH THE TERMINATION OF SERVICE

Article1 2 1-Allowances for staff assigned non-active status, retired in the interests of the service or dismissed

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Staff Regulations of officials of the European Communities, and in particular Articles 41 and 50 thereof and Annex IV thereto.

This article is intended to cover the allowances payable to staff assigned non-active status or retired in the interests of the service.

Article1 2 3-Insurance against sickness

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Staff Regulations of officials of the European Communities, and in particular Article 72 thereof.

This article is intended to cover the employer's contribution to the sickness insurance of the recipients of the allowances referred to in Article 1 2 1.

Article1 2 9-Adjustments to the various allowances

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Staff Regulations of officials of the European Communities.

This article is intended to cover the impact of the salary weighting applicable to the allowances referred to in Article 1 2 1 (Articles 64 and 65) and the impact of any salary adjustments agreed on by the Council during the financial year (Article 65).

CHAPTER1 3-MISSIONS AND DUTY TRAVEL

Article1 3 0-Mission expenses, travel expenses and incidental expenditure

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Staff Regulations of officials of the European Communities, and in particular Article 71 thereof and Articles 11 to 13 of Annex VII thereto.

This appropriation is intended to cover expenditure on transport costs, the payment of daily mission allowances and the ancillary or exceptional expenses incurred in the performance of a mission.

CHAPTER1 5-GRADUATE TRAINEESHIPS AND EXCHANGES OF OFFICIALS

Article1 5 0-Cost of organising graduate traineeships within the institution and staff exchanges between the institution and the public sector in the Member States

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This appropriation is intended to cover an allowance, travel and mission expenses for trainees, and accident and sickness insurance during courses as well as expenditure arising from staff exchanges between the European Data Protection Supervisor, the public sector in the Member States as well as international organisations.

CHAPTER1 6-SOCIAL WELFARE

Article1 6 0-Special assistance grants

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Staff Regulations of officials of the European Communities, and in particular Article 76 thereof.

This appropriation is intended to cover action taken in respect of officials and other servants in particularly difficult situations.

CHAPTER1 7-ENTERTAINMENT AND REPRESENTATION EXPENSES

Article1 7 0-Entertainment and representation expenses

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This appropriation is intended to cover the cost of receptions, representation costs and the purchase of representational items.

CHAPTER1 8-INTERINSTITUTIONAL COOPERATION

Article1 8 6-Social contacts between members of staff

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This appropriation is intended to encourage and provide financial backing for schemes to promote social contacts between staff of different nationalities, for example subsidies to staff clubs, associations, cultural activities, etc. and to make a contribution to the cost of a permanent leisure centre (cultural and sports activities, etc.).

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TITLE2-BUILDINGS, EQUIPMENT AND MISCELLANEOUS OPERATING EXPENDITURE

CHAPTER2 0-INVESTMENTS IN IMMOVABLE PROPERTY, RENTAL OF BUILDINGS AND ASSOCIATED COSTS

Article2 0 0-Rents, charges and buildings expenditure

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Administrative arrangement between the European Data Protection Supervisor and the other Institution providing the offices.

This appropriation is intended as a lump-sum payment covering rent and charges in respect of insurance, water, electricity, heating, cleaning and maintenance, security and surveillance as well as other miscellaneous buildings expenditure, including alteration, repair or refurbishment of the offices concerned.

CHAPTER2 1-DATA PROCESSING AND TELECOMMUNICATIONS

Article2 1 0-Equipment, operating costs and services relating to data processing

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This appropriation is intended to cover expenditure on:

- the purchase, hire, servicing and maintenance of equipment and development of software,

- assistance in connection with the operation and maintenance of data-processing systems,

- data-processing operations entrusted to third parties and other data-processing service expenditure.

Article2 1 1-Equipment, installation costs and services relating to telecommunications

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This appropriation is intended to cover expenditure on the hiring, servicing and maintenance of telecommunications equipment and other telecommunication-related expenses (transmission networks, telephone switchboards, telephones and similar equipment, fax machines, telex systems, installation costs, etc.).

CHAPTER2 2-MOVABLE PROPERTY AND ASSOCIATED COSTS

Article2 2 0-Movable property and associated costs

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This appropriation is intended to cover expenditure, and in particular, on:

- equipment such as telephones, calculators, archives, etc.,

- office machines (typewriters, photocopiers, reader-printers, etc.),

- replacement and maintenance of technical installations,

- technical equipment,

- purchase and replacement of furniture,

- any other relevant items and associated costs.

Article2 2 2-Vehicles

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This appropriation is intended to cover:

- the purchase and replacement of vehicles,

- the cost of the short- or long-term rental of cars, etc. when requirements outstrip the capacity of the fleet,

- the cost of maintaining, repairing and insuring official vehicles (purchase of fuel, lubricants, tyres, miscellaneous supplies, spare parts, tools, etc.).

Article2 2 3-Documentation and library expenditure

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This appropriation is intended to cover expenditure related to the library of the European Data Protection Supervisor and in particular:

- the costs of keeping the library stock up to date, subscriptions and translation as well as the purchase of library materials and their installation,

- subscriptions and renewals of subscriptions to newspapers, periodicals and news agencies and other associated costs.

CHAPTER2 3-CURRENT ADMINISTRATIVE EXPENDITURE

Article2 3 0-Current administrative expenditure

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This appropriation is intended to cover:

- the purchase of paper, envelopes, office supplies and reproduction of workshops (photocopying paper, paper for publishing and distribution by conventional or electronic means, office supplies, etc.),

- mail, postal charges, charges for delivery by a courier service, packages and distribution to the public at large,

- the telephone rental and the charges for communications by telephone, telegraph and telex, costs of electronic data transmission and other related installation costs,

- other current administrative expenditure (financial charges, legal costs, etc.).

CHAPTER2 5-EXPENDITURE ON FORMAL AND OTHER MEETINGS

Article2 5 0-Meetings in general

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This appropriation is intended to cover the travel, subsistence and incidental expenses of experts and other persons invited to take part in committees, study groups or working meetings in as well as expenditure on recruitment (costs for advertising posts, inviting candidates, etc.).

CHAPTER2 6-EXPENDITURE ON STUDIES, SURVEYS AND CONSULTATIONS

Article2 6 0-Limited consultations, studies and surveys

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This appropriation is intended to cover the financing of studies and/or surveys contracted out to qualified experts and research institutes, as well as the publication costs of such studies and associated costs.

CHAPTER2 7-EXPENDITURE ON PUBLISHING AND INFORMATION

Article2 7 0-Expenditure on publishing and information

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This appropriation is intended to cover expenditure on publishing and information, and in particular:

- printing expenses for publications in the Official Journal of the European Communities,

- the cost of printing and reproducing, in the official languages, various publications (annual report etc.),

- printed material (by traditional or electronic means) promoting information with regards to the European Data Protection Supervisor,

- any other expenses in connection with the institution's information policy (symposia, seminars, participation in public events, etc.).

CHAPTER2 9-SUBSIDIES AND FINANCIAL CONTRIBUTIONS

Article2 9 9-Other subsidies

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This article is intended to cover expenditure (other than that in Article 2 7 0) related to European Data Protection Supervisor's visitors groups as well as expenditure with regards to publicity and measures to inform the general public (among the other opinion multipliers) of the aims, activities and the role of the European Data Protection Supervisor.

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TITLE10-OTHER EXPENDITURE

CHAPTER10 0-PROVISIONAL APPROPRIATIONS

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Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities (OJ L 356, 31.12.1977, p. 1) as last amended by Regulation (EC, ECSC, Euratom) No 762/2001 (OJ L 111, 20.4.2001, p. 1).

CHAPTER10 1-CONTINGENCY RESERVE

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This chapter is intended to cover expenditure resulting from budgetary decisions taken in the course of the financial year (expenditure that cannot be estimated).

SECTION III - COMMISSION

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Article A-7000- Auxiliary staff

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Comments unchanged

Article A-7003-National and international civil servants nd private-sector staff temporarily assigned to the institution

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Comments unchanged