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 (COM(2001) 411 final)
Date: 2001-10-30
Institutions: European Commission
Subjects: EU institution, data processing, data protection, data transmission, personal data

C 304 E/178

EN

Official Journal of the European Communities

30.10.2001

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

(2001/C 304 E/06)

COM(2001) 411 final

(Submitted by the Commission on 19 July 2001)

judge of the Court of Justice as regards his remuneration,
allowances and retirement pension.

(6) The Assistant Supervisor must be placed on the same
footing as the Registrar of
Justice of
the
remuneration,
as
European Communities
allowances and retirement pension, so as to establish a
hierarchy between him and the European Supervisor,
while submitting both to the same type of emoluments,
in line with their appointment procedure, term of office
and duties.

the Court of
regards his

(7) The seat of the European Data Protection Supervisor must
be established in Brussels, so as to ensure the proximity
which, by the nature of his tasks, must exist between the
European Supervisor and the Community institutions and
bodies subject to his supervision, and in order to facilitate
the smooth performance of his duties,

HAVE ADOPTED THIS DECISION:

Article 1

Remuneration of the European Data Protection
Supervisor

The European Data Protection Supervisor is placed on the
same footing as a judge of
the
European Communities as regards the determination of his
remuneration, allowances, retirement pension and any other
benefit in lieu of remuneration.

the Court of

Justice of

Article 2

Remuneration of the Assistant Supervisor

The Assistant Supervisor is placed on the same footing as the
Registrar of the Court of Justice as regards the determination of
his remuneration, allowances, retirement pension and any other
benefit in lieu of remuneration.

Article 3

Seat

The European Data Protection Supervisor and the Assistant
Supervisor shall have their seat in Brussels.

Article 4

This Decision shall enter into force on the day following its
publication in the Official Journal of the European Communities.

THE EUROPEAN PARLIAMENT, THE COUNCIL OF THE EUROPEAN
UNION
EUROPEAN
AND
COMMUNITIES,

COMMISSION OF

THE

THE

Having regard to the Treaty establishing the European
Community,

Regulation (EC) No 45/2001 of the European Parliament and of
the Council of 18 December 2000 on the protection of indi-
viduals with regard to the processing of personal data by the
Community institutions and bodies and on the free movement
of such data, and in particular Article 43 thereof (1),

Having regard to the proposal from the Commission,

Whereas:

(1) The European Data Protection Supervisor is the inde-
pendent supervisory body entrusted with monitoring the
application to the Community institutions and bodies of
the Community instruments relating to the protection of
natural persons as regards the processing of personal data
and the free movement of such data.

(2) The effective establishment of this independent supervisory
body calls for the regulations and general conditions for the
performance of the duties of the European Data Protection
Supervisor and of the Assistant Supervisor to be laid down.

(3) Most of the elements to be included in the regulations for
the European Data Protection Supervisor are already
It contains the necessary
contained in the Regulation.
provisions for
the European Data
Protection Supervisor and that of the Assistant Supervisor;
his human and financial resources, his independence, his
secrecy, his duties and his
obligation of professional
powers.

the appointment of

(4) Only two major aspects of

the regulations are not
contained in the Regulation and thus remain to be clarified.
This concerns the remuneration of the Supervisor and the
Assistant Supervisor, his allowances and any other benefits
in lieu of remuneration, and the seat of the Supervisor.

(5) The European Data Protection Supervisor must have a
the European
same
remuneration on the
Mediator, given the need to ensure that the Supervisor a
status corresponding to his duties and powers, and the fact
that the Regulation largely follows the European Mediator
in defining the institutional profile of the Supervisor. The
European Mediator, in turn, is on the same footing as a

level

as

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