2009/72/EC: Commission Decision of 15 December 2008 setting up a Payment Systems Market Expert Group
Date: 2008-12-15
Institutions: European Commission
Subjects: European Economic and Social Committee, Spain, appointment of staff

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Official Journal of the European Union

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COMMISSION

COMMISSION DECISION

of 15 December 2008

setting up a Payment Systems Market Expert Group

(2009/72/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Whereas:

One of the main objectives of the Community is to
ensure the proper functioning of the internal market,
of which payment services are an essential part.
In a
context of rapid innovation and technological progress,
it is important for the internal market to have sound,
user-friendly, efficient and secure payment systems, for
the benefit of service providers and users alike.

importance

the different

In accordance with the better regulation principles, the
to properly
Commission attaches great
consulting
in particular
payment service providers and users in developing the
policy regarding payment systems. For this purpose, the
Commission may need to call upon the expertise of
specialists in an advisory body.

stakeholders,

(6)

(7)

(8)

The Group should assist
preparation and in the implementation of
regarding payment systems.

the Commission in the
the policy

Rules on disclosure of information by members of the
new group should be provided for, without prejudice to
the rules on security annexed to the Commission’s Rules
of Procedure by Commission Decision 2001/844/EC,
ECSC, Euratom (1).

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

and of

HAS DECIDED AS FOLLOWS:

Article 1

Payment Systems Market Expert Group

A Payment Systems Market Expert Group (hereinafter referred
to as the Group) is hereby set up.

It is therefore necessary to set up a group of experts in
the field of payment systems and to define its tasks and
its structure.

Article 2

Task

The task of the Group shall be:

As stated in its White Paper on Financial Services Policy
2005-2010, the Commission attaches a high importance
to having a proportionate user representation. Therefore,
the Group should help the Commission to benefit from
the most adequate representation of interested parties.

The Group should be composed of individuals with the
requisite expertise in the area of payment systems.
It
should, however, be
limited to representatives of
private stakeholders, since public authorities and central
banks have their own consultative group in the field of
payment systems.

(a)

to assist the Commission in the preparation of legislative
acts or policy initiatives
systems,
including fraud prevention issues
related to payment
industry and users;

regarding payment

(b) to provide insight concerning the practical implementation

of that policy;

(c)

to exchange views on up-to-date best practices and ensure a
monitoring of potential issues of concerns for the market.

(1) OJ L 317, 3.12.2001, p. 1.
(2) OJ L 8, 12.1.2001, p. 1.

(1)

(2)

(3)

(4)

(5)

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Article 3

Consultation

representation, a broad geographical
balanced gender
received.

representation and a
composition from among the proposals

The Commission may consult
regarding payment systems,
related to payment industry and users.

the group on any matter
including fraud prevention issues

Article 4

Membership — Appointment

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 to appoint replacements.

The Group shall be composed of a maximum of 50

1.
members.

7.

The following provisions shall apply:

2.
The Commission shall appoint members of the Group
from experts in the area referred to in Article 2 following a
call for expression of interest from any of the following:

(a) members proposed by the payment industry, by payment
users or by the private bodies involved in the prevention of
payment fraud shall be appointed as interested parties;

(a) representatives

of

the

payment

industry,

including

(b) members with an academic background or

recognised

companies and associations;

expertise shall be appointed in a personal capacity;

(b) representatives of payment users, including companies and

associations;

(c)

(c) representatives from private bodies closely involved in the

prevention of payment fraud;

(d) individuals with an academic background or recognised

expertise in the area referred to in Article 2.

The members referred to in paragraph 2 shall express their

3.
interest in participating in the Group in writing.

The Commission shall assess the eligibility of individual

4.
experts against the following criteria:

(a) relevant demonstrable knowledge and expertise in the area

covered by the mandate of the Group;

(b) recent practical expertise or experience;

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

interest received shall

Expressions of
include documentation
demonstrating that the proposed expert meets the conditions
set out in this paragraph.

the mandate of the members of the Group shall start with
the first meeting of the Group; members shall remain in
their
office until
mandate;

they are replaced or until

the end of

(d) members who are no longer able to contribute effectively to
the Group’s deliberations, who resign or who do not meet
the conditions set out in this Article or in Article 287 of the
Treaty may be replaced for the remainder of their term in
office;

(e) 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;

(f)

the names of the members shall be published in the Register
of Expert Groups of the European Commission and on the
Internet site of DG Internal Market and Services; the names
of members shall be collected, processed and published in
accordance with Regulation (EC) No 45/2001.

Article 5

Operation

The Group shall be chaired by a representative of the

1.
Commission.

The Commission shall appoint members

5.
taking into
account the need to represent the interests of all stakeholders.
In addition, the Commission shall ensure a proportionate user

2.
In agreement with the Commission, sub-groups may be
set up to examine specific questions under terms of reference
established by the Group; such sub-groups shall be disbanded as
soon as they have completed their assignments.

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

Information obtained by participating in the Group’s or
4.
sub-group’s deliberations may not be divulged where the
Commission says that this relates to confidential matters.

The Group and its sub-groups shall usually 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.

Article 6

Meeting expenses

1.
The Commission shall reimburse travel and, where appro­
priate, subsistence expenses for members, experts and observers,
in connection with the Commission’s rules on the compen­
sation of external experts.

The members, experts and observers, shall not be remun­

2.
erated for their services.

3. Meeting expenses shall be reimbursed within the limits of
the annual budget allocated to the Group by the responsible
Commission services.

6.
The Group shall adopt its rules of procedure on the basis
of the standard rules of procedure adopted by the Commission.

Done at Brussels, 15 December 2008.

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.

For the Commission

Charlie McCREEVY
Member of the Commission