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24.10.2022

EN

Official Journal of the European Union
L 274/79

HAS ADOPTED THIS DECISION:

Article 1
The Rules of Procedure of the EDPS of 15 May 2020 are amended as follows:
1 Article 9 is repealed.
2 Article 10 is replaced by the following:
Article 10
Management Meeting 1.
The Management Meeting shall ensure strategic oversight of the work of the EDPS. It shall comprise the European Data Protection Supervisor, the Head of the EDPS Secretariat, the senior and middle managers, as well as the other officials that contribute to the strategic oversight of the work of the EDPS as determined by the European Data Protection Supervisor.
2.
Where the Management Meeting concerns issues relating to human resources, budget, finance or administrative matters relevant for the EDPB or the EDPB secretariat, it shall also comprise the Head of the EDPB secretariat.
3.
The Management Meeting shall be chaired by the European Data Protection Supervisor, or in cases he or she is unable to attend the meeting, by the Head of EDPS Secretariat.
4.

The Head of Secretariat shall ensure the proper functioning of the secretariat of the Management Meeting.

5.

The meetings shall not be public. Discussions shall be confidential.

3 Article 11 is replaced by the following:
Article 11
Delegation of tasks and deputising 1.
The European Data Protection Supervisor may delegate to the Head of the EDPS Secretariat, where appropriate and in accordance with the Regulation, the power to adopt and sign legally binding decisions, the substance of which has already been determined by the European Data Protection Supervisor.
2.
The European Data Protection Supervisor may also delegate, where appropriate and in accordance with the Regulation, to the Head of the EDPS Secretariat or to the Head of Unit or Head of Sector concerned, the power to adopt and sign other documents.
3.
Where powers have been delegated to the Head of the EDPS Secretariat pursuant to paragraphs 1 or 2, this latter may sub-delegate them to the concerned Head of Unit or Head of independent Sector reporting directly to the Head of the EDPS secretariat.
4.
Where the European Data Protection Supervisor is prevented from exercising his or her functions or the post is vacant, the Head of the EDPS Secretariat, where appropriate and in accordance with the Regulation, shall perform tasks and duties of the European Data Protection Supervisor which are necessary and urgent to ensure business continuity.
5.
Where the Head of the EDPS Secretariat is prevented from exercising his or her functions or the post is vacant and no official has been designated by the European Data Protection Supervisor, the functions of the Head of the EDPS
Secretariat shall be exercised by the Head of Unit or Head of independent sector reporting directly to the Head of the EDPS secretariat with the highest grade or, in the event of equal grade, by the Head of Unit or Head of independent sector reporting directly to the Head of the EDPS secretariat with the highest seniority within the grade or, in the event of equal seniority, by the eldest. The Head of the EDPB secretariat may not deputise for the Head of the EDPS
secretariat.
6.
If there is no Head of Unit or Head of independent sector reporting directly to the Head of the EDPS secretariat available to exercise the duties of the Head of the EDPS Secretariat as specified under paragraph 5 and no official has been designated by the European Data Protection Supervisor, the official 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. The staff members of the EDPB secretariat may not deputise for the Head of the EDPS secretariat.