Decision No 1247/2002/EC of the European Parliament, of the Council and of the Commission of 1 July 2002 on the regulations and general conditions governing the performance of the European Data-protection Supervisor's duties
Date: 2002-07-01
Institutions: Council of the European Union, European Commission, European Parliament
Subjects: European official, appointment of staff, data protection, pay, regulations for civil servants, workplace

12.7.2002

EN

Official Journal of the European Communities

L 183/1

I

(Acts whose publication is obligatory)

DECISION No 1247/2002/EC OF THE EUROPEAN PARLIAMENT, OF THE COUNCIL AND OF
THE COMMISSION

on the regulations and general conditions governing the performance of the European Data-protec-
tion Supervisor’s duties

of 1 July 2002

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

Data-protection Supervisor and of the Assistant Super-
visor to be laid down.

Having regard to the Treaty establishing the European
Community,

(4)

Having regard 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 (1), and in particular Article 43
thereof,

Having regard to the proposal from the Commission (2),

Whereas:

(1)

(2)

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

The data protection rules are designed to protect the
fundamental rights and freedoms of individuals, in parti-
cular their private and family life, with regard to proces-
sing of personal data, in particular in accordance with
Article 6 of the Treaty on European Union and with due
regard to Articles 7 and 8 of
the European Union
Charter of Fundamental Rights. Those fundamental rights
are to be interpreted, under the case law of the Court of
Justice of the European Communities,
in the light of
Article 8 of the European Convention for the Protection
of Human Rights and Fundamental Freedoms and the
constitutional traditions common to the Member States.
The objective of data protection must be met while
taking into account the objective of not restricting the
information available to citizens about public activities.

(3)

The effective establishment of this independent supervi-
sory body calls for the regulations and general conditions
governing the performance of the duties of the European

(5)

(6)

(7)

Most of the elements to be included in the regulations
and general conditions governing the performance of the
duties of the European Data-protection Supervisor are
already contained in Regulation (EC) No 45/2001.
It
contains the necessary provisions for the appointment of
the European Data-protection Supervisor and of
the
their human and financial
Assistant Supervisor,
resources, their independence, their obligation of profes-
sional secrecy, their duties and their powers. The Rules
of Procedure of the European Data-protection Super-
visor, required by Article 46(k) of Regulation (EC) No
45/2001, should contain, in particular, procedural provi-
sions governing the manner in which he is to exercise
his powers.

for

The European Data-protection Supervisor is bound by
Community law and should comply with Regulation
(EC) No 1049/2001 of the European Parliament and of
the Council of 30 May 2001 regarding public access to
European Parliament, Council and Commission docu-
ments (3). He should thus be bound by the provisions of
the Treaty concerning the protection of
fundamental
rights and freedoms, establishing that decision-making in
the Union is to be as open as possible and providing for
in particular the right to
protection of personal data,
privacy.

The financial
compatible with the current ceiling of heading 5.

framework of

this Decision should be

the regulations are not
Only two major aspects of
contained in Regulation (EC) No 45/2001 and thus
remain to be clarified. They concern the fixing of the
salary of the Supervisor and the Assistant Supervisor,
their allowances and any benefits in lieu of remunera-
tion, and the seat of the Supervisor. The provisions of
Regulation (EC) No 45/2001 on the procedure for
appointing the European Data-protection Supervisor and
the Assistant Supervisor should also be clarified.

(1) OJ L 8, 12.1.2001, p. 1.
(2) OJ C 304 E, 30.10.2001, p. 178.

(3) OJ L 145, 31.5.2001, p. 43.

L 183/2

EN

Official Journal of the European Communities

12.7.2002

(8)

(9)

(10)

(11)

(12)

The European Data-protection Supervisor should have
remuneration on the same level as
the European
Ombudsman, given the need to ensure that the Super-
visor has a status commensurate with his duties and
powers, and the fact that Regulation (EC) No 45/2001
European
example
largely
Ombudsman in defining the institutional profile of the
Supervisor. The European Ombudsman is on a par with
a judge of the Court of Justice as regards remuneration,
allowances and retirement pension.

follows

the

the

of

The Assistant Supervisor should be placed on the same
footing as the Registrar of the Court of Justice as regards
remuneration, allowances and retirement pension, so as
to establish a hierarchy between him/her and the
European Supervisor, while making them both subject to
the same type of emoluments,
in keeping with their
appointment procedure, their term of office and their
duties.

the European Data-protection Supervisor
The seat of
should be established in Brussels, so as to ensure the
proximity which, by the nature of his/her tasks, must
exist between the European Supervisor and the Commu-
nity institutions and bodies subject to his/her supervi-
sion, and in order to facilitate the smooth performance
of his/her duties.

Consideration will need to be given to the extent to
which cooperation with supervisory data-protection
bodies established pursuant to Title VI of the Treaty on
European Union, as provided for in Article 46(f) of
Regulation (EC) No 45/2001, will serve to attain the aim
of ensuring consistency in the application of data protec-
tion supervisory rules and procedures.

The competent committee of the European Parliament
may decide to hold a hearing, open to all Members of
Parliament, of the candidates placed on the list drawn up
by the Commission in accordance with Article 42(1) of
Regulation (EC) No 45/2001 following a public call for
candidates,

regards the determination of remuneration, allowances, retire-
ment pension and any other benefit in lieu of remuneration.

Article 2

Remuneration of the Assistant Supervisor

The Assistant Supervisor shall be on a par with the Registrar of
the Court of Justice of the European Communities as regards
retirement
the determination of
pension and any other benefit in lieu of remuneration.

remuneration, allowances,

Article 3

Appointment procedure

The European Data-protection Supervisor and the Assistant
Supervisor shall be appointed following a public call for candi-
dates. The call for candidates shall enable all interested parties
throughout the Community to submit their applications. The
list of candidates shall be public. On the basis of the list drawn
up by the Commission in accordance with Article 42(1) of
Regulation (EC) No 45/2001, the competent committee of the
European Parliament may decide to arrange a hearing in order
to enable it to express a preference.

Article 4

Seat

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

Article 5

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

HAVE DECIDED AS FOLLOWS:

Done at Brussels, 1 July 2002.

Article 1

Remuneration of the European Data-protection Supervisor

The European Data-protection Supervisor shall be on a par with
a judge of the Court of Justice of the European Communities as

For the European
Parliament

For the Council

For the Commission

The President

The President

The President

P. COX

M. ARIAS CAÑETE

R. PRODI