2008/542/EC: Commission Decision of 13 June 2008 setting up an Expert Group on Credit Histories
Date: 2008-06-13
Institutions: European Commission
Subjects: credit, data protection, disclosure of information, operation of the Institutions, self-employed person

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COMMISSION DECISION

of 13 June 2008

setting up an Expert Group on Credit Histories

(2008/542/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS DECIDED AS FOLLOWS:

Having regard to the Treaty
Community,

establishing the European

Article 1

Whereas:

A group of experts on credit histories (hereinafter referred to as
the group) is hereby set up by the Commission.

(1)

(2)

(3)

(4)

(5)

(6)

The Commission Communication on a single market for
21st century Europe (1), adopted in November 2007, was
accompanied by a Staff Working Document on retail
financial services (2), which stressed the importance of
the
in
promoting competitive retail financial services markets.
It also announced the establishment of an expert group
on credit histories.

to and availability of

credit data

access

The White Paper on the Integration of EU Mortgage
Credit Markets (3) concluded that mortgage lenders and
intermediaries should be required to adequately assess, by
all appropriate means, the creditworthiness of borrowers
before granting mortgage loans. It also concluded that
mortgage lenders should not be discriminated against
when accessing credit registers in other Member States
and that credit data should circulate smoothly, while
complying fully with Community data protection rules.

The Commission wishes to identify all legal, regulatory,
administrative and other obstacles to the access to and
the exchange of credit data, and to be advised on how to
address these obstacles whilst ensuring a high level of
consumer protection.

Article 2

Task

The task of the group is to:

— identify all

legal,

regulatory,

administrative

and other
obstacles to the access to and the exchange of credit data.
In particular, the group shall analyse the possible impacts of
the coexistence of different approaches to the organisation
and working of credit registers in the Community and
identify the consequences thereof from an economic point
of view. It will also analyse the existing situation from the
consumer protection (including data protection) point of
view,

— present proposals as to how the identified obstacles could
be addressed. To this end, the group shall aim at identifying
solutions which maximise credit data circulation whilst
ensuring a high level of consumer protection.

Article 3

Composition — Appointment

The expert group should be composed of
having competence in the area of credit data.

individuals

The group shall be composed of a maximum of 20

1.
members.

It is important to ensure that members of the group
provide objective expert advice.

Personal data relating to members of the group should
be processed in accordance with Regulation (EC) No
45/2001 of
the
the European Parliament
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 (4),

and of

The members of the group shall be appointed by the
2.
in the area
Commission from experts with competence
covered by the mandate of the group,
for
expression of interest, on the basis of proposals from any of
the following:

following a call

— European or national associations, representing the interests

of consumers or the financial services industry,

(1) COM(2007) 724 final.
(2) SEC(2007) 1520.
(3) COM(2007) 807 final.
(4) OJ L 8, 12.1.2001, p. 1.

— private or public credit data collectors or credit data

processors from Member States,

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— representatives of Member States data protection authorities,

— members with an academic background or
expertise are appointed in a personal capacity,

recognised

— individuals with an academic background or recognised
including data

credit data,

area of

in the

expertise
protection.

The parties referred to in paragraph 2 shall express their

3.
interest in the participation in the Group in writing.

The Commission shall assess the eligibility of individual

4.
experts against the following criteria:

— relevant demonstrable knowledge or competence in relation

to the area covered by the mandate of the group,

— recent practical expertise or experience,

— proficiency in a language which is customary in the sphere
of finance, at a level which allows the expert to participate
in discussions and draft reports in that language.

Expressions of
demonstrating that
conditions.

interest received shall

the proposed expert meets

include documentation
the above

5.
The Commission shall select experts having in mind the
need to represent the interests of all relevant stakeholders. As
stated in its White Paper on Financial Services Policy 2005-
2010, the Commission attaches a high importance to having
the
a
Commission shall ensure a broad geographical representation
and a balanced gender composition on the basis of
the
proposals received.

representation.

proportionate

addition,

user

In

— the mandate of the members of the group shall start with
the first meeting of the group and end with the completion
of a report, no later than 1 May 2009. Members shall
remain in office until
their replacement or the end of
their mandate,

— members who are no longer able to contribute effectively to
the group's deliberations, who resign or who do not respect
the conditions set out in this Article or Article 287 of the
Treaty establishing the European Community may be
replaced for the remaining period of their mandate,

— the names of the members shall be published in the Register
of Expert Groups of the European Commission (1) and on
the Internet site of the DG Internal Market and Services. The
names of members are collected, processed and published in
accordance with the provisions of Regulation (EC) No
45/2001 on the protection of individuals with regards to
the processing of personal data,

— members appointed in a personal capacity shall each year
sign an undertaking to act in the public interest and a
declaration indicating the absence or existence of any
interest which may undermine their objectivity.

Article 4

Operation

The group shall be chaired by a representative of the

1.
Commission.

6.
Proposed experts who have been deemed suitable but have
not been appointed may be placed on a reserve list, which the
Commission may use for the appointment of replacements.

2.
In agreement with the Commission, sub-groups may be
set up to examine specific questions under terms of reference
established by the group; they shall be disbanded as soon as
these have been fulfilled.

7.

The following provisions shall apply:

— members proposed by European or national associations,
representing
financial
services industry, or by credit data collectors or credit data
processors, are appointed as stakeholders' representatives,

consumers or

interests of

the

3.
The representative of the Commission may invite experts
and observers with specific knowledge to participate in the
work of the group and the working groups.

Information obtained by participating in the group's or
the

4.
sub-group's
if
Commission says that this relates to confidential matters.

deliberations may not

divulged

be

— members from data protection authorities are appointed as

representatives of their respective authorities,

(1) http://ec.europa.eu/secretariat_general/regexp/

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The group and its sub-groups shall normally meet at the
5.
Commission premises,
in the form and according to the
timetable determined by the Commission. The Secretariat of
the Group shall be provided by the Commission. Commission
officials with an interest in the area may attend meetings of the
group and its sub-groups.

The group shall adopt its rules of procedure on the basis
the
the

procedure

standard

adopted

rules

by

of

6.
of
Commission (1).

group in accordance with the provisions in force within the
Commission (2). The members shall not be paid for
their
services.

2. Meeting expenses are reimbursed within the limits of the
appropriations allocated to the department concerned under the
annual procedure for allocating resources.

The Commission may publish on the Internet,

in the
7.
original
language of the document concerned, any summary,
conclusion, or partial conclusion or working document of the
group.

Done at Brussels, 13 June 2008.

Article 5

Meeting expenses

1.
The Commission shall reimburse travel and subsistence
expenses for members in connection with the activities of the

For the Commission

Charlie McCREEVY
Member of the Commission

(1) Annex III to document SEC(2005) 1004.

(2) Commission Decision C(2007) 5858 of 5 December 2007.