Kirja edastamine

398annexI.pdf

Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË

EUROPEAN COMMISSION DIRECTORATE-GENERAL FOR INTERNAL MARKET, INDUSTRY, ENTREPRENEURSHIP

AND SMES

Ecosystems IV: Mobility & energy intensive industries

Mobility

TERMS OF REFERENCE

OF THE COMMISSION EXPERT GROUP ON

THE COMPETITIVENESS OF THE RAIL SUPPLY INDUSTRY

1. Background

In its resolution of 9 June 2016 on the Competitiveness of the European Rail Supply

Industry (RSI) (2015/2887 (RSP)), the European Parliament suggested that a structured

discussion at European level on the horizontal challenges and the effects of EU policies

on the competitiveness of the RSI would be useful. The resolution highlighted the triple

dimension of the competition the RSI is facing: intermodal, international and sometimes

even intra company.

The European Commission supported this resolution, and in 2018 the Commission’s

Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs (‘DG

GROW’) set up an expert group on the competitiveness of the RSI (‘the group’). The

original mandate of the group expired at the end of 2022, and was extended until 31

December 2025.

2. Tasks

The group's overall mission shall be to assist and advise the Commission in promoting

the competitiveness of the EU Rail Supply Industry (RSI). The group shall identify and

evaluate the challenges faced by the RSI, and discuss how to maintain its global

leadership, strengthen the resilience of the industry and facilitate its green and digital

transition, in line with the EU new industrial strategy (1).

The group’s specific tasks shall, inter alia, be:

1. to provide the Commission with general assistance and recommendations on

measures to further strengthen the competitiveness and resilience of the sector and to

help the sector adapt to the challenges related to green and digital transition, taking

into account specific needs of SMEs;

(1) COM(2021)350 final

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2. to provide the Commission with advice in the preparation of legislative proposals and

policy initiatives impacting the RSI;

3. to assist the Commission with a view to contributing to the implementation of the

mobility ecosystem transition pathway and suggest relevant actions, commitments

and projects in this context;

4. to discuss the evolution of the competitiveness of the RSI, of its resilience and

adaptation to the green and digital transition.

The group shall not duplicate the activities and discussions that take place in other fora of

the European Commission, the European Union Agency for Railways or the Europe’s

Rail Joint Undertaking.

3. Consultation

The Commission may consult the group on any matter relating to the competitiveness of

the rail supply industry.

4. Membership

1. The group shall be composed of up to 60 members.

2. Members shall be Member States' authorities, other public entities and organisations.

Member organisations shall be, inter alia, federations, associations and companies,

from the rail sector and non-governmental organisations, including those representing

consumers, with at least 50% of their activity taking place in the EU as determined by

production and turnover data and having their corporate headquarters, as well as their

rail-related division(s), in a Member State of the European Union.

3. Members shall nominate their representatives and shall be responsible for ensuring

that their representatives provide a high level of expertise.

4. Member organisations who are no longer capable of contributing effectively to the

expert group’s deliberations, who, in the opinion of DG GROW, do not comply with

the conditions set out in Article 339 of the Treaty on the Functioning of the European

Union or who resign, shall no longer be invited to participate in any meetings of the

group and may be replaced for the remainder of their term of office.

5. Selection process

1. Member States’ authorities and other public entities shall be appointed as members

by direct invitation.

2. The selection of member organisations shall be carried out via a public call for

applications, to be published on the Register of Commission expert groups and other

similar entities (‘the Register of expert groups’)2. In addition, the call for applications

may be published through other means, including on dedicated websites. The call for

2 Calls for applications are not used to select Member States’ authorities and other public entities, as well

as representative bodies established by Union legislation for advice in specific areas. See Art. 10.1 of

the horizontal rules.

3

applications shall clearly outline the selection criteria, including the required

expertise and the interests to be represented in relation to the work to be performed.

The minimum deadline for applications shall be four weeks.

3. Registration in the Transparency Register is required in order for organisations to be

appointed.

4. Member organisations shall be appointed by the Director-General of DG GROW in

agreement with the Director-General of the Commission’s Directorate-General

Mobility and Transport (‘DG MOVE’) from specialists with competence in the areas

referred to in points 2 and 3 and who have responded to the call for applications.

5. Members shall be appointed for 2 years. They shall remain in office until

replaced/until the end of their term of office. Their term of office may be renewed.

6. The Chair shall establish a reserve list of suitable candidates that may be used to

appoint members’ replacements. The Chair shall ask applicants for their consent

before including their names on the reserve list.

6. Chair

The group shall be co-chaired by a representative of DG GROW and a representative of

DG MOVE.

7. Operation

1. The group shall act at the Chair's request, in compliance with the Commission’s

horizontal rules on expert groups (‘the horizontal rules’)3.

2. Meetings of the group shall be held on Commission premises or virtually, depending

on the circumstances.

3. DG GROW shall ensure the Secretariat of the expert group in consultation with DG

MOVE.

4. Commission officials from other departments with an interest in the proceedings may

attend meetings of the group and its sub-groups.

5. In agreement with DG GROW and DG MOVE, the group may, by simple majority of

its members, decide that deliberations shall be public.

6. Minutes on the discussion on each point of the agenda and on the opinions delivered

by the group shall be meaningful and complete. Minutes shall be drafted by the

secretariat under the responsibility of the Chair.

7. In principle, the group shall adopt its opinions, recommendations or reports by

consensus. In the event of a vote, the outcome of the vote shall be decided by simple

majority of the members. The members that voted against or abstained shall have the

right to have a document summarising the reasons for their position annexed to the

opinions, recommendations or reports.

3 See Article 13.1 of the horizontal rules.

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8. Sub-groups

1. DG GROW, in agreement with DG MOVE, may set up sub-groups for the purpose of

examining specific questions on the basis of terms of reference defined jointly by DG

GROW and DG MOVE.

2. Sub-groups shall operate in compliance with the horizontal rules and shall report to

the group. They shall be dissolved as soon as their mandate is fulfilled.

3. The members of sub-groups that are not members of the group shall be selected via a

public call for applications, in compliance with Point 5 and the horizontal rules.

4. Sub-groups shall be co-chaired by representatives of DG GROW and DG MOVE,

taking into account their respective competencies.

9. Invited experts

DG GROW, in agreement with DG MOVE, may invite experts with specific expertise

with respect to a subject matter on the agenda to take part in the work of the group or

sub-groups on an ad hoc basis.

10. Observers

1. Organisations and public entities other than Member States’ authorities may be

granted an observer status, in compliance with the horizontal rules, by direct

invitation.

2. Organisations and public entities appointed as observers shall nominate their

representatives.

3. Observers’ representatives may be permitted by the Chair to take part in the

discussions of the group and provide expertise. However, they shall not have voting

rights and shall not participate in the formulation of recommendations or advice of

the group and its sub-groups.

11. Rules of procedure

On a proposal by and in agreement with DG GROW and DG MOVE, the group shall

adopt its rules of procedure by simple majority of its members, on the basis of the

standard rules of procedure for expert groups, in compliance with the horizontal rules4.

12. Professional secrecy and handling of classified information

The members of the group and their representatives, as well as invited experts and

observers, are subject to the obligation of professional secrecy, which by virtue of the

Treaties and the rules implementing them applies to all members of the institutions and

their staff, as well as to the Commission's rules on security regarding the protection of

Union classified information, laid down in Commission Decisions (EU, Euratom)

4 See Article 17 of the horizontal rules.

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2015/4435 and 2015/4446. Should they fail to respect these obligations, the Commission

may take all appropriate measures.

13. Transparency

1. The group and its sub-groups shall be registered in the Register of Commission

expert groups and other similar entities (‘the Register of expert groups’).

2. As concerns the group and sub-groups composition, the following data shall be

published on the Register of expert groups:

a. the name of Member States' authorities;

b. the name of member organisations; the interest represented shall be

disclosed;

c. the name of other public entities;

d. the name of observers.

3. DG GROW shall make available all relevant documents, including the agendas, the

minutes and the participants’ submissions, either on the Register of expert groups or

via a link from the Register to a dedicated website, where this information can be

found. Access to dedicated websites shall not be submitted to user registration or any

other restriction. In particular, the agenda and other relevant background documents

shall be published in due time ahead of the meeting, followed by timely publication

of minutes. Exceptions to publication shall only be possible where it is deemed that

disclosure of a document would undermine the protection of a public or private

interest as defined in Article 4 of Regulation (EC) N° 1049/20017.

14. Meeting expenses

1. Participants in the activities of the group and its sub-groups shall not be remunerated

for the services they offer.

2. Travel and subsistence expenses incurred by one participant per Member State in the

activities of the group and its sub-groups shall be reimbursed by the Commission.

Reimbursement shall be made in accordance with the provisions in force within the

Commission and within the limits of the available appropriations allocated to the

Commission departments under the annual procedure for the allocation of resources.

15. Applicability

These Terms of Reference shall apply until 31 December 2025.

Done in Brussels on 7 March 2024.

5 Commission Decision (EU, Euratom) 2015/443 of 13 March 2015 on Security in the Commission (OJ L

72, 17.3.2015, p. 41).

6 Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU

classified information (OJ L 72, 17.3.2015, p. 53).

7 These exceptions are intended to protect public security, military affairs, international relations, financial,

monetary or economic policy, privacy and integrity of the individual, commercial interests, court

proceedings and legal advice, inspections/investigations/audits and the institution's decision-making

process.

Electronically signed on 20/03/2024 18:44 (UTC+01) in accordance with Article 11 of Commission Decision (EU) 2021/2121

398annexII.pdf

EUROPEAN COMMISSION

PROTECTION OF YOUR PERSONAL DATA

This privacy statement provides information about the processing and the protection of your personal data.

Processing operation: Selection of members of Commission expert groups and other similar entities1 and publication of personal data on the Register of Commission expert groups and other similar entities ("the Register of expert groups").

Data Controller:

- Secretariat-General, Unit G4 (for the processing operation “Providing a public register of Commission expert groups and other similar entities”, DPR-EC-00656), and

- Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, Unit I.2 – Mobility (hereinafter “DG GROW Unit I.2”) (for the processing operation “Selection of members of Commission expert groups and other similar entities”, DPR-EC-01066).

Table of Contents

1. Introduction 2. Why and how do we process your personal data? 3. On what legal ground(s) do we process your personal data? 4. Which personal data do we collect and further process? 5. How long do we keep your personal data? 6. How do we protect and safeguard your personal data? 7. Who has access to your personal data and to whom is it disclosed? 8. What are your rights and how can you exercise them? 9. Contact information 10. Where to find more detailed information?

1. Introduction

The European Commission (hereafter ‘the Commission’) is committed to protect your personal data and to respect your privacy. The Commission collects and further processes personal data pursuant to Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data.

This privacy statement explains the reasons for the processing of your personal data, the way we collect, handle and ensure protection of all personal data provided, how that information is used and what rights you have in relation to your personal data. It also specifies the contact details of the responsible Data Controller with whom you may exercise your rights, of the Data Protection Officer and of the European Data Protection Supervisor.

1 Provisions included in this privacy statement referring to expert groups equally apply to their sub-

groups.

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This privacy statement concerns the following processing operations:

(1) “selection of members of Commission expert groups and other similar entities” undertaken by the Commission department which runs the selection process for your expert group, DG GROW Unit I.2, and which is the Data Controller for the selection process, and

(2) “publication of personal data on the Register of expert groups and other similar entities” undertaken by the Commission, Secretariat-General, Unit G.4 which is the Data Controller together with the Commission department managing your expert group.

As a rule, the selection of expert group members is carried out via public calls for applications, except for Member States’ authorities and other public entities and for certain representative bodies established by Union legislation for advice in specific areas.

The Register of expert groups and other similar entities is a public database containing a list of Commission expert groups and other similar entities and their sub-groups. For each expert group, the Register provides valuable information including personal data on the members of the expert groups, and their alternate, if any, members’ representatives, as well as of the groups' observers and their representatives. The Register also includes documents that are produced and discussed by expert groups and which can contain personal data.

For the purpose of this privacy statement and the corresponding records, the term “expert groups” describes Commission expert groups in the sense of Article 2(1) of Commission Decision C(2016)330123 and their sub-groups, as well as other similar entities in the sense of Article 2(2) of Commission Decision C(2016)3301 and their sub-groups.

2. Why and how do we process your personal data?

Purpose of the processing operations:

The Data Controllers collect and use your personal data to manage Commission expert groups, in particular by selecting their members and observers, and to ensure transparency on expert groups’ membership and activities. In that context, in order to select among the applicants who best fulfil the selection criteria mentioned in the call for applications, Commission services collect and assess personal information of candidate members and observers of the expert groups, of representatives of candidate members and observers, and of immediate family members of candidate members and observers appointed in personal capacity.

Furthermore, Commission services collect and assess personal information of observers and members’ and observers’ representatives of the expert groups which are not selected through a public call for applications.

For candidates, personal data is stored by the Commission service managing the expert group. Some types of personal data of individuals appointed as members (either appointed in personal capacity to act independently and in the public interest or to represent a common interest shared by stakeholders in a particular policy area), are made publicly available on the Register of expert groups (as described under Headings 4 and 5 of this privacy statement). The names of the representatives of organisations, Member States and other public entities, as well as the

2 Commission Decision C(2016)3301 of 30 May 2016 establishing horizontal rules on the creation and

operation of Commission expert groups.

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name of specific national departments or other public authority which they represent may also be made publicly available on the Register of expert groups.

Your personal data will not be used for an automated decision-making including profiling.

3. On what legal ground(s) do we process your personal data

We process your personal data, because processing is necessary for the performance of a task carried out in the public interest (Article 5(1)(a) of Regulation (EU) 2018/1725), since it allows for the selection of members of expert groups (individuals appointed as members in a personal capacity, individuals appointed to represent a common interest and organisations) and also increases the transparency on expert groups. Processing is also necessary to comply with a legal obligation to which the controller is subject (Article 5(1)(b) of Regulation (EU) 2018/1725). The Union act for such necessary processing under Article 5(1)(a) and (b) of Regulation (EU) 2018/1725 is Commission Decision C(2016)3301 of 30 May 2016 establishing horizontal rules on the creation and operation of Commission expert groups and in particular Articles 10 and 22 thereof.

As regards, in particular, the declarations of interests filled in by candidate members to be appointed in a personal capacity in expert groups, the processing of personal data serves the public interest of enabling the Commission to verify in the process of selection the experts' independence in providing advice to the Commission. Furthermore, the public disclosure of declarations of interests of those experts once appointed allows for public scrutiny of the interests declared by these experts, which is necessary in order to ensure public confidence in the independence of these experts. The public disclosure of declarations of interests also ensures a high degree of transparency with respect to the membership of expert groups and aims at contributing to fostering the integrity of the experts in question.

Any publication of names of the representatives of organisations, Member States’ authorities and other public entities in the Register of expert groups is based on consent (Article 5(1)(d) of Regulation (EU) 2018/1725).

4. Which personal data do we collect and further process?

In order to carry out these processing operations, the Data Controller may collect the following categories of personal data:

• Name;

• Function;

• Contact details (for example, e-mail address, telephone number, mobile telephone number, fax number, postal address, company and department, country of residence, IP address);

• Information for the evaluation of selection criteria or eligibility criteria (for example, expertise, technical skills and languages, educational background, professional experience, including details on current and past employment);

• Nationality;

• Gender;

• Interest represented (only for individuals applying to be appointed as members of expert groups or sub-groups representing a common interest shared by stakeholders in a particular policy area and for organisations applying to be appointed as members of expert groups or sub-groups, as well as for their designated representatives);

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• Information included in the declarations of interests, including personal data of immediate family members as required in the declaration of interests (only for individuals applying to be appointed as members of expert groups or sub-groups in a personal capacity).

The provision to the Commission service of the personal data required is mandatory to meet a legal requirement of selecting members of expert groups as set in Commission Decision C(2016)3301. In principle, the types of personal data listed above (with the exception of contact details and information for the evaluation of selection criteria or eligibility criteria) are made publicly available on the Register of expert groups, in order to comply with the legal requirement to ensure transparency on the composition and functioning of Commission expert groups. If you do not provide the personal data required, possible consequences are that you will not be considered for selection as a member of an expert group or, if already selected, your membership will be suspended. With the prior freely given, specific, informed and unambiguous consent of the representatives of organisations, Member States’ authorities and other public entities, their names may also be published on the Register.

5. How long do we keep your personal data?

The Data Controller only keeps your personal data for the time necessary to fulfil the purpose of collection or further processing. The following modalities apply:

− The competent Commission services keep personal data submitted to them as part of rejected applications for three years after the end of the selection process and do not process them for other purposes; these personal data are not published on the Register of expert groups.

− The expert group and some types of personal data of its members and observers, as described in Heading 4, are published on the Register of expert groups during the duration of existence of the expert group.

− When an individual is no longer member or observer or representative of a member or observer of an expert group listed in the Register of expert groups, all personal data related to this individual, including a declaration of interests, is removed from the Register and is therefore not public anymore.

− The competent Commission services keep personal data for the period during which the relevant individual is a member or an observer or a representative of a member or of an observer of the group and for five years after the date on which the individual is no longer member or observer or representative of a member or observer of the group.

− When a group is closed down, it remains published in the Register of expert groups for five years, with the indication 'Closed'. Those types of personal data other than the declarations of interests of members appointed in personal capacity that were published while the group was active remain visible on the Register of expert groups during these five years. On the contrary, the said declarations of interests are removed from the Register after closure of a group and are therefore not public anymore; they are however kept by the competent Commission service for a period of five years after the closure of the group.

− An XML file is created daily with all the information regarding active groups. All versions of this file, showing the situation of the Register of expert groups as of the day it was created, are stored in a file server for 5 years and are not public.

6. How do we protect and safeguard your personal data?

Personal data submitted in paper form is stored in the competent Commission service. All personal data in electronic format (e-mails, documents, databases, uploaded batches of data,

etc.) are stored either on the servers of the Commission or of its contractors. All processing operations are carried out pursuant to the Commission Decision (EU, Euratom) 2017/46 of 10 January 2017 on the security of communication and information systems in the European Commission.

The Commission’s contractors are bound by a specific contractual clause for any processing operations of your data on behalf of the Commission, and by the confidentiality obligations deriving from the General Data Protection Regulation in the EU Member States (‘GDPR’ Regulation (EU) 2016/679).

In order to protect your personal data, the Commission has put in place a number of technical and organisational measures. Technical measures include appropriate actions to address online security, risk of data loss, alteration of data or unauthorised access, taking into consideration the risk presented by the processing and the nature of the personal data being processed. Organisational measures include restricting access to the personal data solely to authorised persons with a legitimate need to know for the purposes of this processing operation.

7. Who has access to your personal data and to whom is it disclosed?

Access to your personal data collected in the course of the process of selection of members of expert groups is provided to the Commission staff authorised for carrying out this processing operation and to other authorised Commission staff according to the “need to know” principle. Such staff abide by statutory, and when required, additional confidentiality agreements.

Certain personal data collected, as explained in Headings 4 and 5, is publicly available on the Register of expert groups.

The XML files referred to in Heading 5 are only accessible to a reduced number of users in the Secretariat-General (System Owner) and IT development team within the Commission (System Supplier).

Please note that pursuant to Article 3(13) of Regulation (EU) 2018/1725, public authorities (e.g. Court of Auditors, EU Court of Justice) which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients. The further processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.

The information we collect will not be given to any third party, except to the extent and for the purpose we may be required to do so by law.

8. What are your rights and how can you exercise them?

You have specific rights as a ‘data subject’ under Chapter III (Articles 14-25) of Regulation (EU) 2018/1725, in particular the right to access your personal data and to rectify them in case your personal data is inaccurate or incomplete. Under certain conditions, you have the right to erase your personal data, to restrict the processing of your personal data, to object to the processing and the right to data portability.

You have the right to object to the processing of your personal data on grounds relating to your particular situation in accordance with Article 23(1) of Regulation (EU) 2018/1725.

As indicated in Heading 4, if you are a representative of an organisation, Member State or another public entity, you may consent to have your name published on the Register of expert groups. You can withdraw your consent at any time by notifying the Data Controller. The

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withdrawal will not affect the lawfulness of the processing carried out before you have withdrawn the consent.

Finally, and only as regards the publication of your name on the Register of expert groups, you may submit a request to the competent Commission service for a derogation where justified on compelling legitimate grounds in relation to your specific situation (such as the case where the publication of your name on the Register of expert groups could endanger your security or integrity).

You can exercise your rights by contacting the Data Controller or, in case of conflict, the Data Protection Officer. If necessary, you can also address the European Data Protection Supervisor. Their contact information is given under Heading 9 below.

Where you wish to exercise your rights in the context of one or several specific processing operations, please provide their description (i.e. their Record reference(s) as specified under Heading 10 below) in your request.

Any request for access to personal data will be handled within one month. Any other request mentioned above will be addressed within 15 working days.

9. Contact information

- The Data Controller

Regarding the personal data collected in the course of the process of selection of the members of the expert groups, if you would like to exercise your rights under Regulation (EU) 2018/1725, or if you have comments, questions or concerns, or if you would like to submit a complaint, please contact DG GROW Unit I.2: [email protected].

Likewise, as regards the data published on the Register of expert groups, please contact the corresponding Data Controller Secretariat-General, Unit G4: SG-EXPERT- [email protected].

- The Data Protection Officer (DPO) of the Commission

You may contact the Data Protection Officer ([email protected]) with regard to issues related to the processing of your personal data under Regulation (EU) 2018/1725.

- The European Data Protection Supervisor (EDPS) You have the right to have recourse (i.e. you can lodge a complaint) to the European Data Protection Supervisor ([email protected]) if you consider that your rights under Regulation (EU) 2018/1725 have been infringed as a result of the processing of your personal data by the Data Controller.

10. Where to find more detailed information?

The Commission Data Protection Officer (DPO) publishes the register of all processing operations on personal data by the Commission, which have been documented and notified to him. You may access the register via the following link: http://ec.europa.eu/dpo-register.

These specific processing operations will be included in the DPO’s public register with the following Record references: DPR-EC-01066 and DPR-EC-00656.

Electronically signed on 15/04/2024 15:46 (UTC+02) in accordance with Article 11 of Commission Decision (EU) 2021/2121

398ekiri.msg

From: "[email protected]" <[email protected]>
Sent: Thu, 18 Apr 2024 08:44:44 +0000
To: "[email protected]" <[email protected]>
Subject: Request to reconfirm or nominate Member States’ governmental experts to the Commission Expert Group on the Competitiveness of the Rail Supply Industry

Dear Sir or Madam,

Please find attached a letter in which we invite you to nominate (or reconfirm) one governmental expert to represent your member state in the Commission Expert Group on the Competitiveness of the Rail Supply Industry.

The names, CVs, and details (administration, position, email, telephone) of the nominated experts should be sent by 28 April 2024 at the latest by email to: [email protected] with cc to [email protected] and [email protected].

Kind regards,

Grow I2 Meetings team.

Annex I ToR Rail Supply Industry 2024.pdf