Rina Steenkamp - Privacy and technology
Chapter VI Independent supervisory authorities
Section 1 Independent status
Article 49 Rules on the establishment of the supervisory authority
October 2013
Article 49
Each Member State shall provide by law within the limits of this Regulation:
- (a) the establishment and status of the supervisory authority;
- (b) the qualifications, experience and skills required to perform the duties of the members of the supervisory authority;
- (c) the rules and procedures for the appointment of the members of the supervisory authority, as well the rules on actions or occupations incompatible with the duties of the office;
- (d) the duration of the term of the members of the supervisory authority which shall be no less than four years, except for the first appointment after entry into force of this Regulation, part of which may take place for a shorter period where this is necessary to protect the independence of the supervisory authority by means of a staggered appointment procedure;
- (e) whether the members of the supervisory authority shall be eligible for reappointment;
- (f) the regulations and common conditions governing the duties of the members and staff of the supervisory authority;
- (g) the rules and procedures on the termination of the duties of the members of the supervisory authority, including in case that they no longer fulfil the conditions required for the performance of their duties or if they are guilty of serious misconduct.
[Source: October 2013]
January 2012
Explanatory memorandum
3.4. Detailed explanation of the proposal
Article 49 sets out rules on the establishment of the supervisory authority to be provided by the Member States by law.
[Source: January 2012 | Context: Proposal from the European Commission]
Article 49
Each Member State shall provide by law within the limits of this Regulation:
- (a) the establishment and status of the supervisory authority;
- (b) the qualifications, experience and skills required to perform the duties of the members of the supervisory authority;
- (c) the rules and procedures for the appointment of the members of the supervisory authority, as well the rules on actions or occupations incompatible with the duties of the office;
- (d) the duration of the term of the members of the supervisory authority which shall be no less than four years, except for the first appointment after entry into force of this Regulation, part of which may take place for a shorter period where this is necessary to protect the independence of the supervisory authority by means of a staggered appointment procedure;
- (e) whether the members of the supervisory authority shall be eligible for reappointment;
- (f) the regulations and common conditions governing the duties of the members and staff of the supervisory authority;
- (g) the rules and procedures on the termination of the duties of the members of the supervisory authority, including in case that they no longer fulfil the conditions required for the performance of their duties or if they are guilty of serious misconduct.
[Source: January 2012 | Context: Proposal from the European Commission]
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