Article 62*
Article 62 – Implementing acts
Commission Proposal
1. The Commission may adopt implementing acts for:
(a) deciding on the correct application of this Regulation in accordance with its objectives and requirements in relation to matters communicated by supervisory authorities pursuant to Article 58 or 61, concerning a matter in relation to which a reasoned decision has been adopted pursuant to Article 60(1), or concerning a matter in relation to which a supervisory authority does not submit a draft measure and that supervisory authority has indicated that it does not intend to follow the opinion of the Commission adopted pursuant to Article 59; Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2). 2. On duly justified imperative grounds of urgency relating to the interests of data subjects in the cases referred to in point (a) of paragraph 1, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 87(3). Those acts shall remain in force for a period not exceeding 12 months. 3. The absence or adoption of a measure under this Section does not prejudice any other measure by the Commission under the Treaties. |
EDRi’s poposed amendment
1. The Commission may adopt implementing acts for:
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 87(2). 2. On duly justified imperative grounds of urgency relating to the interests of data subjects in the cases referred to in point (a) of paragraph 1, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 87(3). Those acts shall remain in force for a period not exceeding 12 months. 3. The absence or adoption of a measure under this Section does not prejudice any other measure by the Commission under the Treaties. |
Justification
The Commision proposal would in fact allow the Commission to overrule any opinion of the EDPB. This would be a breach of the independence of the DPAs, as it would allow the Commission to decide on the application of the regulation in specific cases. See also the EDPS opinion, pt. 248.