Dispute resolution by the Committee.
To ensure the correct and consistent application of this regulation in individual cases, the Committee shall adopt a binding decision in the following cases:
where, in a case referred to in Article 60(4), a supervisory authority concerned has presented a relevant and reasoned objection to a draft decision of the leading supervisory authority or the leading supervisory authority has rejected that objection as irrelevant or unjustified. The binding decision shall cover all matters that are the subject of the relevant and reasoned objection, and in particular whether the present Regulation is infringed;
when there are different judgments as to which relevant supervisory authority has jurisdiction over the principal place of business;
where, in the cases referred to in Article 64(1), a competent supervisory authority does not seek the opinion of the Committee, or does not follow the opinion of the Committee issued under Article 64. In such cases, any supervisory authority concerned or the Commission may communicate the matter to the Committee.
The decision referred to in paragraph 1 shall be adopted by a two-thirds majority of the members of the Committee within one month of the referral of the matter. This period may be extended by one month due to the complexity of the matter. The decision referred to in paragraph 1 shall be reasoned and addressed to the leading supervisory authority and all supervisory authorities concerned, and shall be binding.
If the Committee has not been able to adopt a decision within the period referred to in paragraph 2, it shall adopt its decision within two weeks of the expiration of the second month referred to in paragraph 2 by a simple majority of its members. In the event of a tied vote among the members of the Committee, the vote of the Chairman shall be decisive.
The supervisory authorities concerned shall not adopt a decision on the matter submitted to the Committee pursuant to paragraph 1 during the period referred to in paragraphs 2 and 3.
The Chairman of the Committee shall immediately notify the decision referred to in paragraph 1 to the supervisory authorities concerned. He shall inform the Commission thereof. The decision shall be published on the Committee's website without delay after the supervisory authority has notified the final decision referred to in paragraph 6.
The leading supervisory authority or, where appropriate, the supervisory authority to which the complaint was lodged shall, without delay and not later than one month after notification by the Committee, adopt a final decision on the basis of the decision referred to in paragraph 1 of this Article. The leading supervisory authority or, where appropriate, the supervisory authority to which the complaint was lodged shall inform the Committee of the date on which its final decision is notified to the controller or processor and to the data subject, respectively. The final decision of the supervisory authorities concerned shall be adopted in accordance with Article 60a(7), (8) and (9). The final decision shall refer to the decision referred to in paragraph 1 of this Article and indicate that the said decision will be published on the Committee's website in accordance with paragraph 5 of this Article. The decision referred to in paragraph 1 of this Article shall be attached to the final decision.
