Opinion of the Committee
The Committee shall issue an opinion when a competent supervisory authority intends to adopt any of the following measures. To this end, the competent supervisory authority shall communicate the draft decision to the Committee if it:
seeks to establish a list of processing operations subject to the data protection impact assessment requirement under Article 35(4);
relates to whether, pursuant to Article 40(7), a code of conduct or the amendment or extension of a code of conduct complies with this Regulation;
aims to approve the criteria for accreditation of a body under Article 41.3 or a certification body under Article 43.3;
aims to establish the standard data protection provisions referred to in Article 46(2)(d) and Article 28(8);
seeks authorization for the contract provisions referred to in Article 46(3)(a); or
seeks the adoption of binding corporate rules within the meaning of Article 47.
A supervisory authority, the Chairman of the Committee or the Commission may each request that matters of general scope or legal effect in more than one Member State be examined by the Committee for the purpose of obtaining an opinion, in particular where a competent supervisory authority fails to comply with its obligations of mutual assistance under Article 61, or of joint work under Article 62.
In the cases referred to in paragraphs 1 and 2, the Committee shall issue an opinion on the matter submitted to it, provided that it has not previously issued an opinion on the matter. That opinion shall be adopted within eight weeks by a simple majority of the members of the Committee. This period may be extended by six weeks taking into account the complexity of the matter. The draft decision referred to in paragraph 1, circulated to the members of the Committee in accordance with paragraph 5, shall be deemed to be agreed to by any member who has not objected within a reasonable time specified by the President.
The supervisory authorities and the Commission shall communicate to the Committee without delay, by electronic means using a standard form, all relevant information, including, as the case may be, a summary of the facts, the draft decision, the reasons why such a measure should be taken and the views of other supervisory authorities concerned.
The Chairman of the Committee shall promptly state by electronic means:
notify Committee members and the Commission, using a standard form, of any relevant information received by the Committee. The Committee Secretariat shall provide translations of relevant information as necessary; and
notify the supervisory authority referred to in paragraphs 1 and 2, as appropriate, and the Commission of the opinion and publish that opinion.
The competent supervisory authority shall not adopt its draft decision referred to in paragraph 1 within the period referred to in paragraph 3.
The supervisory authority referred to in paragraph 1 shall take the utmost account of the opinion of the Committee and, within two weeks of receipt of the opinion, shall inform the Chairman of the Committee electronically, using a standard form, whether it will maintain or amend its draft decision and, where appropriate, the amended draft decision.
Where, within the period referred to in paragraph 7 of this Article, the supervisory authority concerned notifies the Chairman of the Committee, giving its reasons, of its intention not to comply with all or part of the opinion of the Committee, Article 65(1) shall apply.
