Commission Decision of 25 January 2011 setting up the EU Joint Transfer Pricing Forum expert group

26.1.2011 EN Official Journal of the European Union C 24/3
COMMISSION DECISION
of 25 January 2011
setting up the EU Joint Transfer Pricing Forum expert group
2011/C 24/03
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
Whereas:
(1) Commission Decision 2007/75/EC of 22 December 2006 setting up an expert group on transfer pricing (1) set up an expert group called the EU Joint Transfer Pricing Forum. That decision expires on 31 March 2011.
(2) The EU Joint Transfer Pricing Forum had been informally set up in 2002. Since then, it has provided for a useful discussion forum between Member States and the private sector which has led the Commission to propose three Codes of Conduct which have been subsequently adopted by Member States in the Council. In addition, the Commission has adopted several documents based on the work of the EU Joint Transfer Pricing Forum.
(3) Given the importance of transfer pricing tax matters as an Internal Market issue, the positive experience with the EU Joint Transfer Pricing Forum in assisting and advising the Commission, and the Commission's continuous need for such a body, it is necessary to set up a new expert group EU Joint Transfer Pricing Forum for the continuation of the work of the forum and to define its tasks and its structure.
(4) The EU Joint Transfer Pricing Forum should assist and advise the Commission in transfer pricing tax issues.
(5) The EU Joint Transfer Pricing Forum should be composed of governmental and private sector experts in the field of transfer pricing. It is also desirable to introduce the possibility to replace Members in order to maintain a balanced representation of relevant areas of expertise and areas of interest.
(6) Rules on disclosure of information by members of the group should be provided for, without prejudice to the Commission’s rules on security as set out in the Annex to Commission Decision 2001/844/EC, ECSC, Euratom (2).
(7) Personal data should be processed in accordance with 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 (3).
(8) Decision 2007/75/EC should be repealed.
(9) It is appropriate to fix a period for the application of this Decision. The Commission will in due time consider the advisability of an extension,