(1)
Currently the Director of the secretariat exercises the powers vested in the Appointing
Authority within the meaning of Article 2 of the 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 The
Director also exercises the powers vested in who is authorised to conclude contracts of
employment within the meaning of Article 6 of the Conditions of Employment of other servants
of the European Union laid down by Regulation (EEC, Euratom, ECSC) No 259/68 and any
other related powers resulting from other administrative decisions both internal to the EDPS or
of an inter-institutional nature.
(2)
Regulation 2018/1725 does not foresee the role of Assistant Supervisor as it was the
case under Regulation (EC) 45/2001. To ensure the smooth functioning of the EDPS as an
institution, it is appropriate to foresee the situations in which the European Data Protection
Supervisor is temporarily prevented to exercise his or her duties.
(3)
In addition, it is appropriate to provide for the explicit possibility to delegate the
adoption of management or administrative measures to the higher ranking official of the
administration, who would therefore be delegated to act for these matters on behalf of the
European Data Protection Supervisor.
(4)
The administration of the EDPS has grown in recent years in size and responsibility in
order to accomplish its statutory mission. It is expected that future legislation will attribute
further tasks and responsibilities to the Institution, in line with the increasing relevance and
importance of personal data processing by Union institutions and bodies as well as the
corresponding increase in importance of the advisory role of the EDPS. It is appropriate to
make sure that the EDPS can be represented at an appropriate level by the head of its
administration when dealing with his counterparts in the other Union institutions and bodies.
Currently, the head of the administration has the rank of Director, which has led to some
practical difficulties and misrepresentations as to the representativeness of the positions being
taken.
(5)
These three functions should be performed by an Official of the appropriate rank which
should better reflect its role as head of the administration of the EDPS. It is therefore
appropriate to establish the function of Secretary General of the EDPS.
Currently, the Director of the EDPS is entrusted with ensuring overall coordination and
consistency of the action of the EDPS, acting as Appointing Authority and adopting the EDPS
decisions on the application of the restrictions based on the EDPS internal rules implementing
Article 25 of Regulation. The Secretary General should take over the functions of the Director
in that respect
Article
“Article 9
The Secretary-General
in the Unit or Sector concerned with the highest grade, or in the event of equal grade, the
official with the highest seniority in the grade or, in the event of equal seniority, the one
who is eldest, shall deputise.
8. Paragraphs 1 to 7 shall be without prejudice to the rules concerning delegation in
respect of the powers conferred on the Appointing Authority or of the powers concerning
financial matters as provided for in Articles 9 and 12.”
