Opinion of 4 June 2010 on the notification of a prior check relating to the file "Procedures to be applied for the consultation and updating of the central exclusion database" (Case 2010-248)
The purpose of the processing operation is to establish within the Committee of the Regions a procedure that makes it possible to comply with obligations arising from Article 95 of the Financial Regulation. This notice is to be read in parallel with the prior check on the central exclusion database at the Commission (file 2009-0681) adopted at the end of May 2010.
The Accounting Officer of the Committee of the Regions has drawn up and distributed a memorandum for the attention of the financial operators of the Committee of the Regions. The main elements in this memorandum are the organisation of the consultation of the central exclusion database, the recording and updating of the central exclusion database and the provision of information in advance to the legal entities.
The EDPS concludes that there appear to be no violations of the provisions of Regulation No 45/2001, provided that certain recommendations are taken into account. The Committee of the Regions must ensure that the purposes referred to in the clause on specific information appear clearly, so that they are specified and explicit. The Committee of the Regions must also take all necessary measures to ensure that, in the event of a justified request or obvious error, the exclusion is no longer present on the central exclusion database. Finally, the Committee of the Regions must amend the note of the Committee of the Regions in order to stipulate that the transfers shall initially be made to the central exclusion database managed by the Commission and refer, within the context of international transfers, to the additional discussions that the EDPS is to hold on prior checks on the central exclusion database managed by the Commission.