{
  "url": "https://openlegislation.uk/eu-decision-2018-1220/introduction",
  "json_url": "https://openlegislation.uk/eu-decision-2018-1220/introduction.json",
  "legislation": "eudn/2018/1220",
  "legislation_title": "Commission Decision (EU) 2018/1220 of 6 September 2018 on the rules of procedure of the panel referred to in Article 143 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council",
  "legislation_url": "https://openlegislation.uk/eu-decision-2018-1220",
  "path": "introduction",
  "kind": "introduction",
  "number": null,
  "heading": "Introductory text",
  "text": "Commission Decision (EU) 2018/1220\nof 6 September 2018\non the rules of procedure of the panel referred to in Article 143 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council\nTHE EUROPEAN COMMISSION,\nHaving regard to the Treaty on the Functioning of the European Union,\nHaving regard to Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012, and in particular Article 143(4) thereof,\nWhereas:\n(1)\nRegulation (EU, Euratom) 2018/1046 has replaced Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council which established a panel for assessing centrally certain situations of exclusion of economic operators and adopting appropriate recommendations (‘the Panel’).\n(2)\nRegulation (EU, Euratom) 2018/1046 extends the powers of the Panel to issuing opinions and recommendations to determine whether a financial irregularity has occurred, and it is appropriate for the exercise of this power to be regulated in its rules of procedure.\n(3)\nArticle 143 of Regulation (EU, Euratom) 2018/1046 establishes the composition of the Panel, the procedure for appointing its Chair and the management of conflicts of interests. It provides for the Panel's rules of procedure to be adopted by the Commission and for the Panel to be assisted by a permanent secretariat, provided by the Commission.\n(4)\nTo ensure the Panel's continuity and proper functioning, 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.\n(5)\nTo ensure the Panel's continuity and proper functioning, it is also necessary to lay down detailed rules on its composition in any given case, in particular those relating to the designation of the two permanent members, their deputies and the additional member representing the authorising officer responsible;\n(6)\nIt is necessary to specify that observers will participate in the Panel's meetings to ensure that it is fully and adequately informed.\n(7)\nIn the interests of proper administration, it is appropriate to specify the support functions to be provided to the Panel by the permanent secretariat in the framework of its proceedings.\n(8)\nThe procedure for referring a case to the Panel must be clarified, in particular as regards the minimum content of the referral.\n(9)\nFor the benefit of economic operators, it is necessary to establish the procedure for ensuring that their right to be heard is respected.\n(10)\nIt 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.\n(11)\nIt is appropriate to clarify the rules for the adoption of the Panel's recommendations and opinions.\n(12)\nSince the Panel replaces that referred to in Article 73(6) of Regulation (EU, Euratom) No 966/2012 and succeeds that referred to in Article 108(4) thereof, it is appropriate to repeal the two Commission Decisions C(2011) 6109 final and (EU) 2015/2463 on the rules of procedure of those panels.\n(13)\nAny processing of personal data by the Panel and its permanent secretariat should be carried out in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council.\n(14)\nRegulation (EC) No 1049/2001 of the European Parliament and of the Council applies to the recommendations adopted by the Panel,\nHAS ADOPTED THIS DECISION:",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ L 193, 30.7.2018, p. 1."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "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 (OJ L 298, 26.10.2012, p. 1)."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "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 (OJ L 342, 29.12.2015, p. 57)."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "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)."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "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)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2018/1220/introduction",
    "retrieved_at": "2026-11-01T15:13:00.827042+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}