Commission Delegated Regulation (EU) 2018/1239

of 9 July 2018

amending Annex III to Regulation (EU) No 211/2011 of the European Parliament and of the Council on the citizens’ initiative

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 211/2011 of the European Parliament and of the Council of 16 February 2011 on the citizens’ initiative1 and in particular Article 16 thereof,

Whereas:

(1)

Article 5(1) of Regulation (EU) No 211/2011 provides that organisers of citizens’ initiatives are to use only forms which comply with the models set out in Annex III to that Regulation for collecting statements of support from signatories.

(2)
The statement of support forms contain a privacy statement providing information on how signatories’ personal data may be processed and what are the rights of signatories as data subjects. The privacy statement refers to the repealed Directive 95/46/EC of the European Parliament and of the Council2.
(3)
Directive 95/46/EC was repealed by Regulation (EU) 2016/6793. Regulation (EU) 2016/679 started to apply from 25 May 2018.
(4)

Article 13 of Regulation (EU) 2016/679 sets out the information which needs to be provided, at the time when personal data are obtained, by the data controller to the data subject where personal data are collected from the data subject. Such information should be provided henceforth in the privacy statement of the statement of support form model.

(5)

According to Article 94 of Regulation (EU) 2016/679, references to the repealed Directive 95/46/EC are to be construed as references to Regulation (EU) 2016/679. For reasons of clarity, legal certainty and transparency, the reference in the privacy statement should be updated.

(6)

Annex III to Regulation (EU) No 211/2011 should therefore be amended accordingly.

(7)
The European Data Protection Supervisor was consulted in accordance with Article 28(2) of Regulation (EC) No 45/2001 of the European Parliament and of the Council4,

HAS ADOPTED THIS REGULATION: