28.1.2009   

EN

Official Journal of the European Union

L 24/15

(1)

One of the main objectives of the Community is to ensure the proper functioning of the internal market, of which payment services are an essential part. In a context of rapid innovation and technological progress, it is important for the internal market to have sound, user-friendly, efficient and secure payment systems, for the benefit of service providers and users alike.

(2)

In accordance with the better regulation principles, the Commission attaches great importance to properly consulting the different stakeholders, in particular payment service providers and users in developing the policy regarding payment systems. For this purpose, the Commission may need to call upon the expertise of specialists in an advisory body.

(3)

It is therefore necessary to set up a group of experts in the field of payment systems and to define its tasks and its structure.

(4)

As stated in its White Paper on Financial Services Policy 2005-2010, the Commission attaches a high importance to having a proportionate user representation. Therefore, the Group should help the Commission to benefit from the most adequate representation of interested parties.

(5)

The Group should be composed of individuals with the requisite expertise in the area of payment systems. It should, however, be limited to representatives of private stakeholders, since public authorities and central banks have their own consultative group in the field of payment systems.

(6)

The Group should assist the Commission in the preparation and in the implementation of the policy regarding payment systems.

(7)

Rules on disclosure of information by members of the new group should be provided for, without prejudice to the rules on security annexed to the Commission’s Rules of Procedure by Commission Decision 2001/844/EC, ECSC, Euratom (1).

(8)

Personal data relating to members of the Group 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 (2),

(a)

to assist the Commission in the preparation of legislative acts or policy initiatives regarding payment systems, including fraud prevention issues related to payment industry and users;

(b)

to provide insight concerning the practical implementation of that policy;

(c)

to exchange views on up-to-date best practices and ensure a monitoring of potential issues of concerns for the market.

(a)

representatives of the payment industry, including companies and associations;

(b)

representatives of payment users, including companies and associations;

(c)

representatives from private bodies closely involved in the prevention of payment fraud;

(d)

individuals with an academic background or recognised expertise in the area referred to in Article 2.

(a)

relevant demonstrable knowledge and expertise in the area covered by the mandate of the Group;

(b)

recent practical expertise or experience;

(c)

proficiency in a language which is customary in the sphere of finance, to a level which allows the expert to participate in discussions and draft reports in that language.

(a)

members proposed by the payment industry, by payment users or by the private bodies involved in the prevention of payment fraud shall be appointed as interested parties;

(b)

members with an academic background or recognised expertise shall be appointed in a personal capacity;

(c)

the mandate of the members of the Group shall start with the first meeting of the Group; members shall remain in office until they are replaced or until the end of their mandate;

(d)

members who are no longer able to contribute effectively to the Group’s deliberations, who resign or who do not meet the conditions set out in this Article or in Article 287 of the Treaty may be replaced for the remainder of their term in office;

(e)

members appointed in a personal capacity shall each year sign an undertaking to act in the public interest and a declaration indicating the absence or existence of any interest which may undermine their objectivity;

(f)

the names of the members shall be published in the Register of Expert Groups of the European Commission and on the Internet site of DG Internal Market and Services; the names of members shall be collected, processed and published in accordance with Regulation (EC) No 45/2001.