Commission Decision (EU) 2015/2463 (repealed)Show full title

Commission Decision (EU) 2015/2463

of 18 December 2015

on the rules of procedure of the panel referred to in Article 108 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (repealed)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002(1),

Having regard to Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union(2), and in particular Article 144 thereof,

Whereas:

(1) Regulation (EU, Euratom) No 966/2012 establishes a panel for assessing centrally the situations referred to in its Article 106(1) and to adopt appropriate recommendations (‘the Panel’).

(2) Article 108(7) of Regulation (EU, Euratom) No 966/2012 establishes the composition of the Panel and provides that the Panel is to be assisted by a permanent secretariat provided by the Commission.

(3) Article 144 of Delegated Regulation (EU) No 1268/2012 regulates the organisation and composition of the Panel, the procedure for appointing its Chair and the management of conflicts of interests. Article 144(5) provides for the Panel's rules of procedure to be adopted by the Commission.

(4) It is appropriate to specify the procedure for the appointment and dismissal of the Chair and to lay down provisions on deputising for him/her where he/she is absent or prevented from attending to his/her duties.

(5) It is necessary to lay down detailed rules on the composition of the Panel in any given case, in particular on designating the two permanent members, their deputies and the additional member representing the authorising officer.

(6) In the interests of the proper administration of the Panel, it is appropriate to specify further the support functions to be provided by the secretariat in the framework of its proceedings.

(7) The procedure for bringing a case before the Panel should be clarified further, in particular as regards the minimum content of the authorising officer's request.

(8) For the benefit of economic operators, it is necessary to clarify the practical arrangements for ensuring that their right to be heard is respected.

(9) It is appropriate to specify the practical arrangements for close cooperation between the Panel and the European Anti-Fraud Office (OLAF) in the light of the Administrative Arrangements on cooperation and timely exchange of information between the Commission and OLAF.

(10) It is appropriate to clarify the rules for the adoption of Panel recommendations.

(11) Any processing of personal data by the Panel and its secretariat is to be carried out in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council(3).

(12) Regulation (EC) No 1049/2001 of the European Parliament and of the Council(4) should apply to the recommendations adopted by the Panel,

HAS ADOPTED THIS DECISION:

(1)

OJ L 298, 26.10.2012, p. 1.

(2)

OJ L 362, 31.12.2012, p. 1.

(3)

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 (OJ L 8, 12.1.2001, p. 1).

(4)

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