Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EU, Euratom) No 1141/2014 as regards a verification procedure related to infringements of rules on the protection of personal data in the context of elections to the European Parliament A contribution from the European Commission to the Leaders' meeting in Salzburg on 19-20 September 2018
Date: 2018-09-12
Institutions: European Commission, Secretariat-General
Subjects: European Parliament, European election, European electoral system, European party, data protection, election campaign, election result, foundation, personal data, sanction (EU)

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   EUROPEAN COMMISSION  Brussels, 12.9.2018 COM(2018) 636 final/2 2018/0336 (COD)  CORRIGENDUM  This document corrects document COM(2018) 636 final of 12.9.2018  Concerns English, French and German language versions  Correction of the Procedure number  The text shall read as follows: Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EU, Euratom) No 1141/2014 as regards a verification procedure related to infringements of rules on the protection of personal data in the context of elections to the European Parliament  A contribution from the European Commission to the Leaders' meeting in Salzburg on 19-20 September 2018   
 
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

Democracy is one of the fundamental values on which the European Union is founded. To ensure 
the functioning of a representative democracy at the European level, the Treaties determine that the 
citizens of the European Union are directly represented in the European Parliament. 

Political parties fulfil an essential role in a representative democracy, creating a direct link between 
citizens  and  the  political  system,  thereby  enhancing  the  legitimacy  of  the  system.  According  to 
Article  10  of  the  Treaty  on  European  Union,  "political  parties  at  European  level  contribute  to 
forming European political awareness and to expressing the will of citizens of the Union". Article 
12(2) of the Charter of Fundamental Rights of the European Union expresses the same principle. 
In  February 2018, the Commission  issued a Recommendation1 on enhancing the European nature 
and efficient conduct of the 2019 elections to the European Parliament, addressed to Member States 
and  to  European  and  national  political  parties.  It  included  calls  on  European  political  parties  and 
national parties to increase transparency on their respective affiliation and links and called on those 
political parties to help raise citizens' awareness on the issues at stake at Union level and on how 
they intend to address them during the upcoming legislature. 
In the EU, data protection is a fundamental right and the General Data Protection Regulation2 sets 
strong  rules  to  protect  this  fundamental  right.  In  particular,  personal  data  must  be  processed 
lawfully and fairly.  

Online communication has the potential of allowing closer and direct interaction between political 
actors  and  European  citizens.  At  the  same,  it  brings  an  increased  risk  of  unlawfully  processing 
personal  data  of  citizens  in  the  electoral  context.  A  number  of  recent  events  show  that  abuses  of 
data protection rules can affect the democratic debate and free elections, including elections to the 
European Parliament. 

In  2018,  the  Facebook/Cambridge  Analytica  case  concerning  the  alleged  unlawful  processing  of 
user  personal  data  acquired  from  Facebook  by  the  company  Cambridge  Analytica  raised  serious 
concerns on the  impact  of  data protection infringements on  electoral processes. Investigations are 
ongoing in relation to this particular case, inter alia by the UK Information Commissioner’s Office, 
the data protection supervisory authority which is leading the European investigation in cooperation 
with  other  European  data  protection  supervisory  authorities.  The  Commission  is  in  close  contact 
with  the  data  protection  supervisory  authorities  and  is  following  this  process  closely.  The  U.S. 
Federal Trade Commission has opened an investigation in the case. A series of hearings took place 
in the European Parliament on the case and its impact on individuals’ personal data in the Union.  

Regulation No 1141/2014 of the European Parliament and of the Council of 22 October 2014 on the 
statute  and  funding  of  European  political  parties  and  European  political  foundations3  was 
introduced to increase the  visibility, recognition, effectiveness,  transparency and accountability of 
European political parties and their affiliated political foundations. In the light of this Regulation, 

1 

Commission  Recommendation  (EU)  2018/234  of  14  February  2018  on  enhancing  the  European  nature  and 
efficient conduct of the 2019 elections to the European Parliament (OJ L 45, 17.2.2018, p. 40). 

2 
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection 
of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing 
Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).  
3 

OJ L 317, 4.11.2014, p. 1. 

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European  political  parties  and  foundations  satisfying  a  number  of  conditions  were  offered  the 
opportunity to become European legal entities by registering at European level, thereby obtaining 
access to European financial support. These conditions include the respect, both in their programme 
and activities, of the values on which EU is founded – listed in Article 2 of the Treaty on European 
Union:  respect  for  human  dignity,  freedom,  democracy,  equality,  the  rule  of  law  and  respect  for 
human rights including the rights of people belonging to minorities. An independent Authority for 
European  political  parties  and  foundations  ("the  Authority")  was  created,  for  the  purpose  of 
registering,  monitoring  and,  if  necessary,  imposing  sanctions  on  European  political  parties  and 
foundations,  including  to  consider  cases  where  such  entities  allegedly  fail  to  respect  these 
fundamental European values.  

However,  the  existing  rules  do  not  allow  to  effectively  dissuade  and  sanction  abuses  of  data 
protection rules which may affect the democratic debate and free elections. 

In order to ensure that the elections to the European Parliament take place under strong democratic 
rules  and  in  full  respect  of  the  European  values  of  democracy,  rule  of  law  and  respect  of 
fundamental  rights,  the  Commission  is  proposing  a  targeted  amendment  to  Regulation  No 
1141/2014. It aims to allow financial sanctions on European political parties or foundations that use 
infringements of data protection rules to deliberately influence or attempt to influence the outcome 
of elections to the European Parliament.  

The  proposal  will  also  enable  the  Authority  to  operate  in  a  smooth  and  effective  manner,  by 
ensuring that it has its own allocation of staff and that its Director becomes the appointing authority. 
This  should  allow  the  Authority  to  fully  fulfil  its  tasks,  including  the  new  ones  foreseen  in  this 
proposal,  and  to  do  so  in  an  independent  way.  In  parallel,  in  order  to  respond  to  the  calls  of  the 
Authority  for  an  increased  number  of  staff  and  in  view  of  the  Authority's  key  role  in  the  period 
closely preceding the elections to the European Parliament, the Commission is ready to immediately 
make available the 6 additional staff requested by the Authority, on a detachment basis, which will 
end once the permanent staffing arrangements would be in place. 

The procedure for the elections to the European Parliament is in each Member State governed by its 
national provisions. Political parties fulfil an essential role in a representative democracy, creating a 
direct  link  between  citizens  and  the  political  system.  National  and  regional  political  parties  put 
forward  candidates  and  organise  electoral  campaigns.  National  authorities  are  in  charge  of 
monitoring  the  elections  at  national  level.  European  political  parties  organise  complementary 
campaigns  at  European  level,  including  those  for  lead  candidates  for  the  role  of  President  of  the 
European Commission. 

The amending Regulation, together with the Commission guidance on the application of Union data 
protection law in the electoral context4, the Commission Recommendation on election cooperation 
networks,  online  transparency  and  protection  against  cybersecurity  incidents  and  fighting 
disinformation  campaigns  in  the  context  of  elections  to  the  European  Parliament5  and  a 
Commission  Communication  on  Securing  free  and  fair  European  elections6  adopted  on  the  same 
day,  forms  part  of  a  security  package.  It  is  a  contribution  from  the  European  Commission  to  the 
Leaders' meeting in Salzburg on 19-20 September 2018. 

The  Recommendation  encourages  data  protection  supervisory  authorities  in  compliance  with 
applicable  Union  and  national  law,  to  inform  immediately  and  proactively  the  Authority  for 
European  political  parties  and  European  political  foundations  of  their  decisions  finding  that  a 
European  political  party,  a  European  political  foundation  or  another  natural  or  legal  person  has 

4 
5 
6 

COM (2018) 638.  
C (2018) 5949. 
COM (2018) 637. 

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infringed  applicable  rules  on  protection  of  personal  data.  This  information  should  be  provided 
where it follows from that decision, or where there are otherwise reasonable grounds to believe, that 
the infringement is linked to political activities by a European political party or European political 
foundation  in  the  context  of  elections  to  the  European  Parliament.  The  Recommendation  also 
encourages  Member  States  to  apply  appropriate  sanctions  on  political  parties  and  foundations  at 
national  and  regional  level  for  cases  of  infringements  of  rules  on  the  protection  of  personal  data 
being  used  with  a  view  to  influencing  or  attempting  to  influence  the  elections  to  the  European 
Parliament.   

The focused changes to Regulation No 1141/2014 should be in place before the 2019 elections to 
the European Parliament.  

Consistency with other Union policies  

• 
Since 25 May 2018, the General Data Protection Regulation7 applies in all EU Member States. It 
sets  high  data  protection  standards  that  are  fit  for  the  digital  economy  and  make  organisations 
processing  data  –  including  European  political  parties  and  the  European  political  foundations  – 
more accountable and more responsible in how they deal with personal data.  
In  its  Recommendation  of  14  February  20188  on  enhancing  the  European  nature  and  efficient 
conduct of the 2019 elections to the European Parliament, the Commission called on the competent 
national  authorities  to  identify  best  practices  in  the  identification,  mitigation  and  management  of 
risks to the electoral process form cyber-attacks and disinformation. In April 2018, the Commission 
organised  a  meeting  with  the  electoral  commissions  of  Member  States  to  discuss,  exchange  best 
practices  and  raise  awareness  among  national  authorities  of  the  issues  of  security,  disinformation 
campaigns and the enforcement of electoral rules online. 
In April 2018, the Commission published a Communication on “Tackling online disinformation”9, 
which defined the roles and responsibilities of relevant stakeholders and formulated a set of actions, 
including strengthening the Commission's strategic communications response to disinformation.  

This  proposal  is  consistent  with  the  Commission's  proposal10  for  a  Regulation  concerning  the 
respect for private life and the protection of personal data in electronic communications (e-Privacy 
Regulation)  that  reviews  the  existing  e-privacy  Directive11  which  will  enhance  transparency  and 
widen  the  scope  of  protection  beyond  traditional  telecom  operators  to  include  internet-based 
electronic communication services and which should be promptly adopted by the co-legislators.  

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The  proposal  is  based  on  Article  224  of  the  Treaty  on  the  Functioning  of  the  European  Union, 
which  states  that  "the  European  Parliament  and  the  Council,  acting  in  accordance  with  the 
ordinary  legislative  procedure,  shall  lay  down  the  regulations  governing  political  parties  at 

Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the  protection 

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of natural persons with regard to the processing of personal data and on the free movement of  
repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).  
8 

Commission  Recommendation  (EU)  2018/234  of  14  February  2018  on  enhancing  the  European  nature  and 
efficient conduct of the 2019 elections to the European Parliament (OJ L 45 of 17 February 2018, p. 40). 
9 
COM(2018) 235 final.  
10 
COM (2017) 10 final. 
11 
Directive  2002/58/EC  of  the  European  Parliament  and  of  the  Council  of  12  July  2002  concerning  the 
processing of personal data and the protection of privacy in the electronic communications sector   (Directive on privacy 
and electronic communications) (OJ L 201, 31.7.2002, p.37). 

such 

data, 

and 

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European level referred to in Article 10(4) of the Treaty on European Union and in particular the 
rules regarding their funding" as well as on Article 106a of the Treaty establishing the European 
Atomic Energy Community12. 

• 

Subsidiarity 

Since the existing Regulation provides for an EU-level system, including a specific European legal 
personality for parties and foundations and funding from the EU budget, any shortcomings in this 
system can only be remedied through EU legislation. Action by Member States alone is therefore 
not a relevant option. 

The  proposed  focused  changes  therefore  fully  comply  with  the  principle  of  subsidiarity.  The  EU 
level is the only one at which rules governing the statute and funding of European political parties 
and European political foundations can be laid down. In setting out possible reform measures, the 
Commission has been careful to reflect the principles contained in Protocol No. 2 to the Treaties. 

• 

Proportionality 

As explained in Section 5, the targeted measures proposed do not go beyond what is necessary to 
achieve  the  long-term  objective  of  developing  and  strengthening  European  democracy  and  the 
legitimacy of the EU Institutions.  

The proposal complies with the principle of proportionality. The proposed sanctions are built on the 
regime set by Regulation 1141/2014, establishing proportionate sanctions. The proposed measures 
ensure that there is no double penalisation of the same behaviour: infringements of data protection 
rules will be penalised by the competent data protection supervisory authorities established by the 
General  Data  Protection  Regulation.  The  behaviour  sanctioned  by  this  proposal  is  the  taking 
advantage  of  infringements  of  data  protection  rules  to  deliberately  influence  or  to  attempt  to 
influence  the  elections  to  the  European  Parliament.  The  Authority  will  not  impose  sanctions  on 
infringements of data protection rules as such.  

• 

Choice of the instrument 

Only a Regulation can amend an existing Regulation. 

3. 

• 

RESULTS  OF  EX-POST  EVALUATIONS,  STAKEHOLDER  CONSULTATIONS 
AND IMPACT ASSESSMENTS 

Stakeholder consultations 

In preparing the current proposal, the Commission took into account the calls expressed during the 
debates  and  hearings  in  the  European  Parliament  regarding  the  Facebook/Cambridge  Analytica 
case, which concerned allegations of use of Facebook’ users’ data by Cambridge Analytica and its 
impact  on  the  protection  of  individual’s  personal  data  in  the  Union  (hearings  of  4  June  2018,  25 
June 2018 and 2 July 2018).  

Such debates and hearings brought to light that the use of misleading and manipulative techniques 
of  micro  targeting,  aiming  at  unfairly  influencing  the  result  of  polls,  are  closely  connected  to  the 
question  of  illegal  transfer  and  processing  of  personal  data. EU  rules  already  ensure  the  effective 
protection of personal data.  

• 

Impact assessment 

12 https://europa.eu/european-     

union/sites/europaeu/files/docs/body/consolidated_version_of_the_treaty_establishing_the_european_atomic_
energy_community_en.pdf  

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This proposal is not accompanied by a specific impact assessment. It is not expected to have wider 
significant economic, social and environmental impacts. The proposed changes build on the existing 
verification and sanctions regimes established by Regulation No 1141/2014. 

• 

Fundamental rights 

Article  2  of  the  Treaty  on  European  Union  (TEU)  provides  that  “The  Union  is  founded  on  the 
values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for 
human rights, including the rights of persons belonging to minorities. These values are common to 
the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity 
and equality between women and men prevail.” 

Article  10(1)  and  (2)  TEU  provide  that  “The  functioning  of  the  Union  shall  be  founded  on 
representative  democracy”  and  that  “Citizens  are  directly  represented  at  Union  level  in  the 
European  Parliament”.  Subparagraph  4  of  the  same  provision  stipulates:  “political  parties  at 
European  level  contribute  to  forming  European  political  awareness  and  to  expressing  the  will  of 
citizens of the Union”. Articles 11 and 12 of the Charter of Fundamental Rights of the EU enshrine 
the  right  to  freedom  of  expression  and  of  association.  Article  7  of  the  Charter  of  Fundamental 
Rights of the European Union reads that “Everyone has the right to respect for his or her private 
and family life, home and communications”. Article 8 of the Charter of Fundamental Rights of the 
European  Union  reads  that  “(1)  Everyone  has  the  right  to  the  protection  of  personal  data 
concerning  him  or  her.  (2)  Such  data  must  be  processed  fairly  for  specified  purposes  and  on  the 
basis  of  the  consent  of  the  person  concerned  or  some  other  legitimate  basis  laid  down  by  law. 
Everyone has the right of access to data which has been collected concerning him or her, and the 
right  to  have  it  rectified.  (3)  Compliance  with  these  rules  shall  be  subject  to  control  by  an 
independent authority.” 

The amendments  which are the subject of this proposal  pursue the objectives of these provisions, 
and are compatible with and give effect to the fundamental rights guaranteed by Articles 7, 8 and 12 
of the Charter. 

4. 

BUDGETARY IMPLICATIONS 

In order for this proposal to be effective, as it adds tasks to the Authority, there needs to be a more 
permanent  staffing  arrangement  for  the  Authority.  The  budgetary  implications  are  detailed  in  the 
Legislative  Financial  Statement  attached  to  this  proposal.  More  permanent  staffing  provisions 
should be made through the redeployment of existing resources, and will require the modification of 
the  establishment  plans  of  the  contributing  Institutions.  Therefore,  these  elements  should  be 
included  in  the  forthcoming  Amending  Letter  to  Draft  Budget  2019.  Given  the  size  of  the 
Authority,  a  separate  establishment  plan  in  not  necessary,  but  a  footnote  detailing  the  size  and 
nature of the staffing shall be entered in the Section I – European Parliament. 

5. 

• 

OTHER ELEMENTS 

Detailed explanation of the specific provisions of the proposal 

In order to sanction financially European political parties or foundations using infringements of data 
protection  rules  to  deliberately  influence  or  attempt  to  influence  the  outcome  of  elections  to  the 
European Parliament, the Commission proposes the following targeted changes to the Regulation: 

It is proposed to create a verification procedure related to infringements of rules on the protection of 
personal  data  which  would  require  the  Authority  to  trigger  an  opinion  of  the  committee  of 
independent  eminent  persons,  shortly  after  a  decision  by  a  competent  data  protection  supervisory 
authority. The committee's opinion – to be delivered within a short deadline set by the Authority – 

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would assess whether such infringement was used to deliberately influence or attempt to influence 
the outcome of elections to the European Parliament. The triggering of this new procedure does not 
prevent  the  triggering  of  the  procedure  of  verification  of  compliance  with  registration  conditions 
and  requirements  set  out  in  the  Article  10  of  the  Regulation  for  cases  of  manifest  and  serious 
breaches  by  the  European  political  parties  or  foundations  of  the  values  on  which  the  Union  is 
founded. The new procedure would be introduced by the insertion of a new Article 10a.    

To ensure such procedure can be triggered at any moment, including close to the date of elections to 
the  European  Parliament,  it  is  proposed  to  clarify  that  the  time  limitations  of  the  procedure  of 
verification  of  compliance  with  registration  conditions  and  requirements  set  in  Article  10  do  not 
apply to it, by amending the third sub-paragraph of Article 10(3). 

Article 11, on the committee of independent eminent persons, will be amended to expressly refer to 
the opinion on the influencing of the outcome of elections to the European Parliament.  

A  new  ground  for  financial  sanctions  will  be  added  in  Article  27  in  the  case  the  opinion  of  the 
committee of independent eminent persons finds that a European political party or a foundation has 
deliberately  influenced  or  attempted  to  influence  the  outcome  of  elections  of  the  European 
Parliament by taking advantage of an infringement of the applicable rules on protection of personal 
data.  

This new ground will be added to the list of infringements which prevent a European political party 
or foundation to apply for funding from the general budget of the European Union in the year when 
the sanction was imposed. This will be done by amending Article 18.  

Since  the  new  verification  procedure  is  triggered  by  a  decision  of  a  competent  data  protection 
supervisory authority, it is  proposed to  allow for the review of the sanction if the competent data 
protection supervisory authority’s decision is repealed or where a remedy against such decision has 
been successful, by adding a new paragraph in Article 27.  

Finally,  in  order  to  enable  the  Authority  to  operate  in  an  independent  and  effective  manner,  the 
Commission is proposing the Authority to be staffed in a permanent way and to confer the powers 
of an appointing authority on the Director of the Authority, by amending paragraph 5 of Article 6. 

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2018/0336 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Regulation (EU, Euratom) No 1141/2014 as regards a verification procedure 
related to infringements of rules on the protection of personal data in the context of elections 
to the European Parliament 

A contribution from the European Commission to the Leaders' meeting in 
Salzburg on 19-20 September 2018 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 224 
thereof, 

Having  regard  to  the  Treaty  establishing  the  European  Atomic  Energy  Community,  and  in 
particular, Article 106a thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national parliaments, 
Having regard to the opinion of the European Economic and Social Committee13,  
Having regard to the opinion of the Committee of the Regions14,  

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

Regulation (EU, Euratom) No 1141/201415 established a specific European legal status for 
European political parties and European political foundations and provides for their funding 
from  the  general  budget  of  the  European  Union,  it  also  establishes  an  Authority  for 
European political parties and European political foundations ("the Authority"). 

In order to enable the Authority to fully fulfil its tasks, including the new ones foreseen in 
this  Regulation,  and  to  do  so  in  an  independent  manner,  it  is  necessary  to  staff  it  in  a 
permanent way and to confer the powers of an appointing authority on the Director of the 
Authority. 

Recent  events  have  demonstrated  the  potential  risks  to  electoral  processes  and  democracy 
that can arise from the unlawful use of personal data. It is therefore necessary to protect the 
integrity  of  the  European  democratic  process  by  providing  for  financial  sanctions  in 
situations  where  European  political  parties  and  European  political  foundations  take 

OJ C , , p. . 
OJ C , , p. . 

13 
14 
15 
on the statute and funding of European political parties and European political foundations (OJ L317, 4.11.2014, p. 1). 

Regulation (EU, Euratom) No 1141/2014 of the European Parliament and of the Council of 22 October 2014 

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(4) 

(5) 

(6) 

(7) 

advantage of infringements of data protection rules with a view to influencing the outcome 
of elections to the European Parliament.  

To that end, a verification procedure should be established whereby the Authority must, in 
certain circumstances, ask the committee of independent eminent persons to assess whether 
a European political party or a European political foundation has deliberately influenced or 
attempted  to  influence  the  outcome  of  elections  to  the  European  Parliament  by  taking 
advantage of an infringement of the applicable rules on protection of personal data. Where 
the committee finds that to be the case, the Authority should impose sanctions in line with 
the effective, proportionate and dissuasive sanctioning system established by the Regulation 
(EU, Euratom) No 1141/2014.   

The  new  procedure  should  exist  alongside  the  current  procedures  used  for  verification  of 
compliance with registration conditions and in cases of manifest and serious breaches of the 
values  on  which  the  Union  is  founded.  However,  the  time  limits  for  verification  of 
compliance  with  registration  conditions  and  requirements  set  in  Article  10  of  Regulation 
(EU, Euratom) No 1141/2014 should not apply to the new procedure. 

Since  the  new  procedure  is  triggered  by  a  decision  of  a  competent  data  protection 
supervisory  authority,  it  should  be  possible  for  the  European  political  party  or  European 
political foundation concerned to request that the sanction be reviewed if the decision of the 
supervisory authority is repealed or a remedy against that decision is successful.  

In order to ensure that the 2019 elections to the European Parliament take place under strong 
democratic rules and in full respect of the European values of democracy, rule of law and 
respect of fundamental rights it is important that the proposed verification procedure enters 
into force in timely manner and is applicable as soon as possible. In order to achieve this the 
proposed  amendments  to  Regulation  (EU,  Euratom)  No  1141/2014  introduced  by  this 
Regulation should enter into force on a date of its publication in the Official Journal of the 
European Union.   

(8) 

Regulation (EU, Euratom) No 1141/2014 should therefore be amended accordingly, 

HAVE ADOPTED THIS REGULATION: 

Regulation (EU, Euratom) No 1141/2014 is amended as follows: 

Article 1 

(1) 

Article 6(5) is replaced by the following: 

‘The  Director  of  the  Authority  shall  be  assisted  by  staff,  with  respect  to  which  he  shall 
exercise the powers conferred by the Staff Regulations on the appointing authority and by 
the Conditions of Employment of Other Servants on the authority empowered to conclude 
a  contract  of  employment  of  other  servants  (‘the  appointing  authority  powers’).16  The 
Authority  may  make  use  in  any  areas  of  its  work  of  other  seconded  national  experts  or 
other staff not employed by the Authority. 

16 

Regulation  No  31  (EEC),  11  (EAEC),  laying  down  the  Staff  Regulations  of  Officials  and  the  Conditions  of 
Employment  of  Other  Servants  of  the  European  Economic  Community  and  the  European  Atomic  Energy 
Community, (OJ P 045 14.6.1962, p. 1385) 

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The Staff Regulations and the Conditions of Employment of Other Servants and the rules 
adopted by agreement between the institutions of the Union for giving effect to those Staff 
Regulations and the Conditions of Employment of Other Servants shall apply to the staff of 
the Authority.’ 

(2) 

In Article 10(3) the following sentence is added at the end of the third subparagraph: 

"That time limitation shall not apply with regard to the procedure set out in Article 10a.”; 

(3) 

the following Article 10a is inserted: 

"Article 10a 

Verification procedure related to infringements of rules on the protection of personal 
data  

If the Authority becomes aware of a decision of a supervisory authority within the meaning 
of point 21 of Article 4 of Regulation (EU) 2016/679 of the European Parliament and of the 
Council17  finding  that  a  natural  or  legal  person  has  infringed  applicable  rules  on  the 
protection of personal data and if it follows from that decision, or where there are otherwise 
reasonable  grounds  to  believe,  that  the  infringement  is  linked  to  political  activities  by  a 
European political party or a European political foundation in the context of elections to the 
European Parliament, the Authority shall refer this matter to the committee  of independent 
eminent  persons  established  by  Article  11.  The  committee  shall  give  an  opinion  as  to 
whether  the  European  political  party  or  the  European  political  foundation  concerned  has 
deliberately influenced or attempted to influence the outcome of elections to the European 
Parliament by taking advantage of that infringement. The Authority shall request the opinion 
without  undue  delay  and  no  later  than  1  month  after  the  decision  of  the  supervisory 
authority. The committee shall deliver its opinion within a short, reasonable deadline set by 
the Authority. 

The procedure set out in this Article is without prejudice to the procedure set in Article 10."; 

(4) 

in Article 11(3), the second sentence of the first subparagraph is replaced by the following: 

"When  requested  by  the  Authority,  the  committee  shall  give  an  opinion  on  whether  a 
European  political  party  or  a  European  political  foundation  has  deliberately  influenced  or 
attempted  to  influence  the  outcome  of  elections  to  the  European  Parliament  by  taking 
advantage of an infringement of the applicable rules on the protection of personal data. In 
both  cases  the  committee  may  request  any  relevant  document  and  evidence  from  the 
Authority,  the  European  Parliament,  the  European  political  party  or  European  political 
foundation concerned, other political parties, political foundations or other stakeholders, and 
it may request to hear their representatives. In the case of opinions on whether a European 
political party or a European political foundation has deliberately influenced or attempted to 
influence  the  outcome  of  elections  to  the  European  Parliament  by  taking  advantage  of  an 
infringement  of  the  applicable  rules  on  the  protection  of  personal  data,  the  supervisory 
authorities referred to in the Article 10(a) shall cooperate with the committee in accordance 
with applicable law.” 

in Article 18(2), the words "and in point (a) (v) and (vi) of Article 27(2)" are replaced by 
the words" and in point (a) (v), (vi) and (vii) of Article 27(2)"; 

Article 27 is amended as follows: 

in point (a) of paragraph (2), the following point (vii) is added: 

Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection 
of natural persons with regard to the processing of personal data and on the free movement of such data, and 
repealing Directive 95/46/EC (General Data Protection Regulation), (OJ L 119, 4.5. 2016, p. 1). 

(5) 

(6) 

(a) 

17 

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“(vii) where, in accordance with Article 10a, the committee issues an opinion finding that a 
European  political  party  or  a  European  political  foundation  has  deliberately  influenced  or 
attempted  to  influence  the  outcome  of  elections  to  the  European  Parliament  by  taking 
advantage of an infringement of the applicable rules on the protection of personal data.”; 

(b) 

the following paragraph 7 is added: 

"7.  Where  a  decision  of  the  supervisory  authority  as  referred  to  in  Article  10a  has  been 
repealed or where a remedy against such decision has been successful, the Authority shall 
review any sanction imposed pursuant to point (a)(vii) of paragraph 2 at the request of the 
European political party or European political foundation concerned." 

This  Regulation  shall  enter  into  force  on  the  day  of  its  publication  in  the  Official  Journal  of  the 
European Union. 

Article 2 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

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LEGISLATIVE FINANCIAL STATEMENT 

1. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE  

1.1.  Title of the proposal/initiative  

1.2.  Policy area(s) concerned in the ABM/ABB structure 

1.3.  Nature of the proposal/initiative  

1.4.  Objective(s)  

1.5.  Grounds for the proposal/initiative  

1.6.  Duration and financial impact  

1.7.  Management mode(s) planned  

2. 

MANAGEMENT MEASURES  

2.1.  Monitoring and reporting rules  

2.2.  Management and control system  

2.3.  Measures to prevent fraud and irregularities  

3. 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE  

3.1.  Heading(s)  of  the  multiannual  financial  framework  and  expenditure  budget 
line(s) affected  

3.2.  Estimated impact on expenditure  

3.2.1. Summary of estimated impact on expenditure  

3.2.2. Estimated impact on operational appropriations  

3.2.3. Estimated impact on appropriations of an administrative nature 

3.2.4. Compatibility with the current multiannual financial framework 

3.2.5. Third-party contributions  

3.3.  Estimated impact on revenue

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LEGISLATIVE FINANCIAL STATEMENT 

1. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE  

1.1. 

Title of the proposal/initiative 

Proposal  for  a  REGULATION  OF  THE  EUROPEAN  PARLIAMENT  AND  OF  THE 
COUNCIL  amending  Regulation  (EU,  Euratom)  No  1141/2014  as  regards  a  verification 
procedure related to infringements of rules on the protection of personal data in the context 
of elections to the European Parliament 

1.2. 

Policy area(s) concerned 

Fundamental rights 

1.3. 

The proposal relates to  

 a new action  
 a new action following a pilot project/preparatory action18  

X the extension of an existing action  

 a merger of one or more actions towards another/a new action  

1.4. 

Objective(s) 

1.4.1.  General objective(s)  

Recent events have demonstrated the potential risks to electoral processes and democracy 
that can arise from the unlawful use of personal data. It is therefore necessary to protect the 
integrity  of  the  European  democratic  process  by  providing  for  financial  sanctions  in 
situations  where  European  political  parties  and  European  political  foundations  take 
advantage of infringements of data protection rules with a view to influencing the outcome 
of elections to the European Parliament. 

1.4.2. 

Specific objective(s)  

A  verification  procedure  should  be  established  whereby  the  Authority  established  by 
Article  6  of  Regulation  (EU,  Euratom)  No  1141/2014  (“the  Authority”)  must,  in  certain 
circumstances,  ask  the  committee  of  independent  eminent  persons  to  assess  whether  a 
European political party or a European political foundation has deliberately influenced or 
attempted  to  influence  the  outcome  of  elections  to  the  European  Parliament  by  taking 
advantage of an infringement of the applicable rules on protection of personal data. Where 
the committee finds that to be the case, the Authority should impose sanctions in line with 
the  effective,  proportionate  and  dissuasive  sanctioning  system  established  by  the 
Regulation (EU, Euratom) No 1141/2014. 

It is  necessary  that  the Authority  has  sufficent resources  fully to  complete its tasks, both 
those provided for by the existing Regulation (EU, Euratom) No 1141/2014 and the new 
ones  envisaged  by  the  present  amending  proposal.  This  requires  stable  staffing  and 
strengthening of the human resources currently provided to the Authority.  

1.4.3. 

.Expected result(s) and impact 

Specify the effects which the proposal/initiative should have on the beneficiaries/groups targeted. 

18 

As referred to in Article 58(2)(a) or (b) of the Financial Regulation. 

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The proposal aims to deter European political parties and foundations from making use of 
the results of infringements of data protection rules with a view to deliberately influencing 
the outcome of elections to the European Parliament by providing for financial sanctions 
for any such improper behaviour.  

1.4.4. 

Indicators of performance  

Specify the indicators for monitoring progress and achievements. 

Sanctions should be imposed in good time on any European political party or foundation 
found  to  have  taken  advantage  of  infringements  of  data  protection  rules  with  a  view  to 
deliberately influencing the outcome of elections to the European Parliament. 

1.5. 

Grounds for the proposal/initiative  

1.5.1.  Requirement(s) to be met in the short or long term including a detailed timeline for roll-out 

of the implementation of the initiative 

The above-mentioned sanctions regime should be in place well before the elections to the 
European Parliament of 2019 in order to deter the improper actions decribed. To make this 
operational, and to ensure the Authority is fully equipped effectively to manage all its task, 
additional  human  resources  should  be  provided  as  soon  as  practicable,  and  in  the  first 
instance  through  the  redeployment  of  resources  carrying  out  these  tasks  prior  to  the 
creation of the Authority.  

To  simplify  and  provide  greater  independence  for  its  operations,  the  powers  of  the 
appointing  authority  under  the  Staff  Regulations  and  the  Conditions  of  Employment  of 
Other  Servants  [Regulation  (EEC,  Euratom,  ECSC)  No  259/68  of  the  Council  of  29 
February  1968  laying  down  the  Staff  Regulations  of  Officials  and  the  Conditions  of 
Employment  of  Other  Servants  of  the  European  Communities  and  instituting  special 
measures temporarily applicable to officials of the Commission (OJ L 56, 4.3.1968, p. 1)] 
should be delegated to the Director of the Authority.   

1.5.2.  Added value of Union involvement (it may result from different factors, e.g. coordination 
gains, legal certainty, greater effectiveness or complementarities). For the purposes of this 
point  'added  value  of  Union  involvement'  is  the  value  resulting  from  Union  intervention 
which is additional to the value that would have been otherwise created by Member States 
alone. 

This  proposal  concerns  the  system  for  European  political  parties  and  European  political 
foundations  established  at  European  level.  Pursuant  to  Regulation  (EU,  Euratom)  No 
1141/2014, these are bodies with European legal personality. The Authority is also a body 
with legal personality under Union law. It is therefore only via action at Union level that 
the objectives described above can be pursued.  

The proposal will have achieved its goals if either (a) the proposed sanctions regime deters 
any  European  political  party  or  foundation  from  improperly  using  the  results  of 
infringements of rules on protection of personal data or (b) any such acts that do take place 
are duly sanctioned. 

The Authority should be in a position to fully undertake all its duties, in particular in the 
run-up and aftermath of the European electoral period of 2019.  

1.5.3.  Lessons learned from similar experiences in the past 

The  Authority’s  first  annual  report,  for  2017,  states  that  “The  APPF  [the  Authority] 
currently  comprises  two  full-time  employees  and  the  Director.  More  precisely,  in 
November 2016, the European Parliament seconded an administrative assistant to support 
the  Director  in  setting  up  the  APPF  and  the  registration  process  of  EU  parties  and 

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foundations.  In  June  2017,  a  legal  advisor  joined  the  APPF  to  provide  advice  on 
procedural, substantive and financial matters. At this stage, the entirety of the staff of the 
APPF is provided by the European Parliament. The current number of staff is insufficient 
for the APPF to properly carry out the tasks conferred on it by Regulation (EU, Euratom) 
No 1141/2014. Moreover, that lack of staff is also capable of affecting the independence 
and business continuity of the APPF.”  

1.5.4.  Compatibility  with  the  Multiannual  Financial  Framework  and  possible  synergies  with 

other appropriate instruments 

The present proposal would not imply any change to the ceiling of administrative spending 
for the Union institutions provided for in the Multiannaul Financial Framework.   

1.5.5.  Assessment of the different available financing options, including scope for redeployment 

The  proposed  increase  in  staffing  for  the  Authority  will  be  met  first  and  foremost  by 
redeployment of existing resources. 

1.6. 

Duration and financial impact 

 Proposal/initiative of limited duration  

–    Proposal/initiative in effect from [DD/MM]YYYY to [DD/MM]YYYY  

–    Financial impact from YYYY to YYYY 

X unlimited duration 

–  Implementation with a start-up period from YYYY to YYYY, 

–  followed by full-scale operation. 
1.7.  Management mode(s) planned19  

X Direct management by the European Parliament through the Authority 

–    executive agencies  

 Shared management with the Member States  

 Indirect management by entrusting budget implementation tasks to: 

 international organisations and their agencies (to be specified); 

the EIB and the European Investment Fund; 

 bodies referred to in Articles 70 and 71; 

 public law bodies; 

  bodies  governed  by  private  law  with  a  public  service  mission  to  the  extent  that  they 
provide adequate financial guarantees; 

  bodies  governed  by  the  private  law  of  a  Member  State  that  are  entrusted  with  the 
implementation  of  a  public-private  partnership  and  that  provide  adequate  financial 
guarantees; 

 persons entrusted with the implementation of specific actions in the CFSP pursuant to 
Title V of the TEU, and identified in the relevant basic act. 

19 

Details of management modes and references to the Financial Regulation may be found on the BudgWeb site: 
https://myintracomm.ec.europa.eu/budgweb/EN/man/budgmanag/Pages/budgmanag.aspx. 

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Comments 

The  Authority  is  financed  from  a  specific  budget  title  (Title  5)  of  the  European  Parliament.  The 
number and composition of the staff shall be indicated in the budgetary remarks of the specific title. 
The duties of the Authorising Officer of the European Parliament are delegated to the Director of 
the Authority according to point 7 of Article 6 of Regulation (EU, Euratom) No 1141/2014. 

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2. 

MANAGEMENT MEASURES  

2.1.  Monitoring and reporting rules  

Specify frequency and conditions. 

The  Authority  will  continue  to  issue  an  annual  activity  report  under  Article  10  of 
Regulation  (EU,  Euratom)  No  1141/2014.  The  European  Parliament  will  report  on  the 
financial operations involved as part of the Union’s annual accouting cycle. 

2.2.  Management and control system(s)  

2.2.1. 

Justification  of  the  management  mode(s),  the  funding  implementation  mechanism(s),  the 
payment modalities and the control strategy proposed 

Given the specific set-up of the Authority (an independent body, but whose budget is part 
of the budget of the European Parliament) the steps proposed are the only logical ones in 
the light of the requirments set out above.  

2.2.2. 

Information  concerning  the  risks  identified  and  the  internal  control  system(s)  set  up  to 
mitigate them 

The financial risks are the same as for any other part of the adminsitrative expenditure of 
the  Union  institutions  and  in  this  case  would  be  covered  by  the  existing  internal  control 
system of the European Parliament.  

2.2.3.  Estimation and justification of the cost-effectiveness of the controls (ratio of "control costs 
÷  value  of  the  related  funds  managed"),  and  assessment  of  the  expected  levels  of  risk  of 
error (at payment & at closure)  

No new internal control system is proposed and the additional burden of these changes to 
the European Parliament’s internal control system are not significant.  

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2.3.  Measures to prevent fraud and irregularities  

Specify existing or envisaged prevention and protection measures, e.g. from the Anti-Fraud Strategy. 

The  European  Parliament’s  existing  provisions  for  its  administrative  expenditure  would 
apply to that set out here.  

3. 

3.1. 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE  

Heading(s)  of  the  multiannual  financial  framework  and  expenditure  budget  line(s) 
affected  

  Existing budget lines  

In order of multiannual financial framework headings and budget lines. 

Budget line 

Heading of 
multiannual 
financial 
framework 

Number  

5 

Section I – European Parliament 

Type of  
expenditure 

Diff./Non-
diff.20 

Diff./Non-
diff. 

Contribution  

from 
EFTA 
countries
21 

from 
candidate 
countries22 

from third 
countries 

within the meaning 
of Article 21(2)(b) 
of the Financial 
Regulation  

NO 

NO 

NO 

NO 

20 
21 
22 

Diff. = Differentiated appropriations / Non-diff. = Non-differentiated appropriations. 
EFTA: European Free Trade Association.  
Candidate countries and, where applicable, potential candidates from the Western Balkans. 

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3.2. 

Estimated impact on expenditure  

3.2.1. 

Summary of estimated impact on expenditure  

Heading of multiannual financial  
framework  

5 

‘Administrative expenditure’ 

European Parliament  

 Human Resources  
 Other administrative expenditure  

Year 
N 

Year 
N+1 

Year 
N+2 

Year 
N+3 

Enter as many years as 
necessary to show the duration 
of the impact (see point 1.6)  

TOTAL 

EUR million (to three decimal places) 

1.43 

1.43 

1.43 

1.43 

1.43 

1.43 

1.43 

10.01 

TOTAL European Parliament 

Appropriations  

1.43 

1.43 

1.43 

1.43 

1.43 

1.43 

1.43 

10.01 

TOTAL appropriations 
under HEADING 5 
of the multiannual financial framework  

(Total  commitments  = 
Total payments) 

1.43 

1.43 

1.43 

1.43 

1.43 

1.43 

1.43 

10.01 

Year 
N23 

Year 
N+1 

Year 
N+2 

Year 
N+3 

Enter as many years as 
necessary to show the duration 
of the impact (see point 1.6) 

TOTAL 

EUR million (to three decimal places) 

TOTAL appropriations  
under HEADINGS 1 to 5 
of the multiannual financial framework  

Commitments 

1.43 

1.43 

1.43 

1.43 

1.43 

1.43 

1.43 

Payments 

1.43 

1.43 

1.43 

1.43 

1.43 

1.43 

1.43 

10.01 

10.01 

23 

Year N is the year in which implementation of the proposal/initiative starts. Please replace "N" by the expected first year of implementation (for instance: 2021). The same for the 
following years. 

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3.2.2.  Estimated impact on [body]'s appropriations  

–  X  The proposal/initiative does not require the use of operational appropriations  

–    The proposal/initiative requires the use of operational appropriations, as explained below: 

Year 
N 

Year 
N+1 

Year 
N+2 

Year 
N+3 

OUTPUTS 

Commitment appropriations in EUR million (to three decimal places) 

Enter as many years as necessary to show the 
duration of the impact (see point 1.6) 

TOTAL 

o
N

Cost  N

o

Cost 

o
N

Cost 

o
N

Cost  N

o

Cost  N

o

Cost  N

o

Cost 

Total 
No 

Total 
cost 

Indicate 
objectives and 
outputs  

 

Type24 

Avera
ge 
cost 

SPECIFIC OBJECTIVE No 125… 

- Output 

- Output 

- Output 

Subtotal for specific objective No 1 

SPECIFIC OBJECTIVE No 2 ... 

- Output 

Subtotal for specific objective No 2 

TOTAL COST 

24 
25 

Outputs are products and services to be supplied (e.g.: number of student exchanges financed, number of km of roads built, etc.). 
As described in point 1.4.2. ‘Specific objective(s)…’ 

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3.2.3.  Estimated impact on the Authority’s human resources  

The resources set our below are the same ones as set out in section 3.2.1 above; they 
are repeated here for the sake of clarity that all the resources concerned are for the 
Authority.  

3.2.3.1.  Summary  

–    The  proposal/initiative  does  not  require  the  use  of  appropriations  of  an 

administrative nature  

–  X  The proposal/initiative requires the use of appropriations of an administrative 

nature, as explained below: 

EUR million (to three decimal places) 

Year 
N 26 

Year 
N+1 

Year 
N+2 

Year 
N+3 

Enter as many years as necessary to 
show the duration of the impact (see 
point 1.6) 

TOTAL 

0.715 

0.715 

0.715 

0.715 

0.715 

0.715 

0.715 

0.715 

0.715 

0.715 

0.715 

0.715 

0.715 

0.715 

0.715 

0.715 

Officials/Temporary 
Agents (AD Grades) 

Officials/Temporary 
agents (AST grades) 

Contract staff 

Seconded National 
Experts 

TOTAL 

1.43 

1.43 

1.43 

1.43 

1.43 

1.43 

1.43 

10.01 

Staff requirements (FTE): 

Year 
N 27 

Year 
N+1 

Year 
N+2 

Year 
N+3 

Enter as many years as necessary to 
show the duration of the impact (see 
point 1.6) 

TOTAL 

5 

5 

5 

5 

5 

5 

5 

5 

5 

5 

5 

5 

5 

5 

5 

5 

Officials/Temporary 
Agents (AD Grades) 

Officials/Temporary 
agents (AST grades) 

Contract staff 

Seconded National 
Experts 

26 

27 

Year  N  is  the  year  in  which  implementation  of  the  proposal/initiative  starts.  Please  replace  "N"  by  the 
expected first year of implementation (for instance: 2021). The same for the following years. 
Year  N  is  the  year  in  which  implementation  of  the  proposal/initiative  starts.  Please  replace  "N"  by  the 
expected first year of implementation (for instance: 2021). The same for the following years. 

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TOTAL 

10 

10 

10 

10 

10 

10 

10 

70 

The  human  resources  required  will  be  met  by  staff  from  the  Institutions  who  are 
already assigned to management of the action and/or have been redeployed within the 
Institution, together if necessary with any additional allocation which may be granted 
to  the  managing  Institution  under  the  annual  budget  procedure  and  in  the  light  of 
budgetary constraints. 

3.2.4.  Compatibility with the current multiannual financial framework  

–  X  The  proposal/initiative  is  compatible  the  current  multiannual  financial 

framework. 

–    The proposal/initiative will entail reprogramming of the relevant heading in the 

multiannual financial framework. 

Explain what reprogramming is required, specifying the budget lines concerned and the corresponding 
amounts. 

[…] 

–    The  proposal/initiative  requires  application  of  the  flexibility  instrument  or 

revision of the multiannual financial framework28. 

Explain what is required, specifying the headings and budget lines concerned and the corresponding 
amounts. 

[…] 

3.2.5.  Third-party contributions  

–  The proposal/initiative does not provide for co-financing by third parties.  

28 

See  Articles  11  and  17  of  Council  Regulation  (EU,  Euratom)  No  1311/2013  laying  down  the 
multiannual financial framework for the years 2014-2020. 

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3.3. 

Estimated impact on revenue  

–  X  The proposal/initiative has no financial impact on revenue. 

–    The proposal/initiative has the following financial impact: 

 

 

 

on own resources  

on other revenue  

please indicate, if the revenue is assigned to expenditure lines  

Appropriation
s available for 
the current 
financial year 

Budget revenue line: 

Article …………. 

EUR million (to three decimal places) 

Impact of the proposal/initiative29 

Year 
N 

Year 
N+1 

Year 
N+2 

Year 
N+3 

Enter as many years as necessary to show 
the duration of the impact (see point 1.6) 

For miscellaneous ‘assigned’ revenue, specify the budget expenditure line(s) affected. 

[…] 

Specify the method for calculating the impact on revenue. 

[…] 

29 

As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net 
amounts, i.e. gross amounts after deduction of 20 % for collection costs. 

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