The initiative was amended as follows:

Text proposed by the Portuguese Republic(1)   Amendments by Parliament (Amendment 1) Recital -1 (new) (-1) Protection of natural persons as regards processing of personal data is a matter of vital concern to European Union institutions. To enable the appropriate provision to be made in the medium term, rules should be adopted to lay down common protection standards and, in this instance, a single body established to ensure that protection. (Amendment 2) Recital 3    (3) For practical reasons and without prejudice to any future decision providing for the transformation of the existing Joint Supervisory Bodies into one single body, vested with legal personality, and an own budget, the administration of the Data Protection Secretariat should be closely linked to the General Secretariat of the Council, while safeguarding its independence in the exercise of its tasks.    (3) For practical reasons and bearing in mind that Title VI of the EU Treaty must be communitised and that the Joint Supervisory Bodies must develop with a view to their ultimate conversion into one single body, vested with legal personality, and an own budget, the administration of the Data Protection Secretariat should provisionally be closely linked to the General Secretariat of the Council, while safeguarding its independence in the exercise of its tasks. (Amendment 3) Recital 4    (4) In order to ensure this independence, decisions on the appointment and removal from office of the head of the Data Protection Secretariat should be taken by the Deputy Secretary-General of the Council, acting on a proposal of the Joint Supervisory Bodies, and the other officials assigned to the Data Protection Secretariat should be placed exclusively under the instructions of the Secretariat's head.    (4) In order to ensure this independence, decisions on the appointment and removal from office of the head of the Data Protection Secretariat should be taken by the Deputy Secretary-General of the Council, acting on a proposal of the Joint Supervisory Bodies, and the other officials assigned to the Data Protection Secretariat should be placed exclusively under the instructions of the head of the Data Protection Secretariat . (Amendment 4) Recital 4a (new) ( (4a) As regards the protection of personal data, and as an adjunct to this Decision, there is a need to adopt a legally binding instrument designed to provide, under the third pillar, a level of protection equivalent to that afforded under the first pillar by European Parliament and Council Directive 95/46/EC of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data(1 ) . ______________    (1) OJ L 281, 23.11.1995, p. 31. (Amendment 6) Article 2(1)    1. The Data Protection Secretariat shall be headed by a Data Protection Secretary who shall have the independence in the performance of his tasks safeguarded, subject to instructions from the Supervisory Bodies and their chairmen only. The Deputy Secretary-General of the Council, acting on a proposal by the Joint Supervisory Bodies, shall appoint the Data Protection Secretary for a period of two years, who shall be eligible for reappointment .    1. The Data Protection Secretariat shall be headed by a Data Protection Secretary who shall have the independence in the performance of his tasks safeguarded, subject to instructions from the Supervisory Bodies and their chairmen only. The Deputy Secretary-General of the Council, acting on a proposal by the Joint Supervisory Bodies, shall appoint the Data Protection Secretary for a period of four years. The Data Protection Secretary may be reappointed . (Amendment 7) Article 2(2)    2. The Data Protection Secretary shall be chosen from among the persons who are European Union citizens, have full civil and political rights and offer every guarantee of independence. He shall refrain from any action incompatible with his duties and, during his term of office, not engage in any other occupation, whether gainful or not. He shall after his term of office behave with integrity and discretion as regards the acceptance of appointments and benefits.    2. The Data Protection Secretary shall be chosen from among the persons who are European Union citizens, have full civil and political rights, can bring to bear outstanding experience and expertise in the performance of the duties concerned, and offer every guarantee of independence. He shall refrain from any action incompatible with his duties and, during his term of office, not engage in any other occupation, whether gainful or not, or in any other political or administrative office . He shall after his term of office behave with integrity and discretion as regards the acceptance of appointments, office, and benefits. (Amendment 8) Article 2(3)    3. The Data Protection Secretary may be removed from office by the Deputy Secretary-General of the Council, acting on a proposal from the Joint Supervisory Bodies, if he no longer fulfils the conditions required for the performance of his duties or in cases of serious breach of his obligations.    3. The Data Protection Secretary shall be removed from office by the Deputy Secretary-General of the Council, acting on a proposal from the Joint Supervisory Bodies, if he no longer fulfils the conditions required for the performance of his duties or in cases of breach of his obligations or if he has been guilty of serious misconduct . (Amendment 9) Article 2(4)    4. Apart from removal from office in accordance with paragraph 3, the office of the Data Protection Secretary shall end when his resignation takes effect . In the case of his resignation, he shall remain in office until he has been replaced.    4. Apart from normal replacement on expiry of his term of office or in the event of his death and removal from office in accordance with paragraph 3, the office of the Data Protection Secretary shall end on his resignation. In the case of his resignation, he shall, if so requested by the Joint Supervisory Bodies , remain in office until he has been replaced. (Amendment 11) Article 2(6)    6. During his term of office, the Data Protection Secretary shall, except where otherwise stated in this Decision, be subject to the rules applicable to persons having the status of a temporary agent (sic) within the meaning of Article 2(a) of the Conditions of employment of other servants of the European Communities, including Articles 12 to 15 and 18 of the Protocol on Privileges and Immunities of the European Communities. The grade and step at which he is employed shall be determined by the criteria applicable to the officials and other agents of the General Secretariat of the Council . If the person appointed is already an official of the Communities, he shall be seconded for the term of his office in the interest of the service by virtue of Article 37(a), first indent of the Staff Regulations of officials of the European Communities (Staff Regulations). The first sentence of the last paragraph of Article 37 of the Staff Regulations shall apply without prejudice to paragraph 1 of this Article.    6. During his term of office, the Data Protection Secretary shall be subject to the rules applicable to persons having the status of a temporary agent (sic) within the meaning of Article 2(a) of the Conditions of employment of other servants of the European Communities, including Articles 12 to 15 and 18 of the Protocol on Privileges and Immunities of the European Communities. He shall be placed in Category A. The grade and step at which he is employed shall be determined by the criteria applicable to the officials and other agents of the Communities . If the person appointed is already an official of the Communities, he shall be seconded for the term of his office in the interest of the service by virtue of Article 37(a), first indent of the Staff Regulations of officials of the European Communities (Staff Regulations) and benefit from a guarantee of automatic reinstatement in his parent institution . The first sentence of the last paragraph of Article 37 of the Staff Regulations shall apply without prejudice to paragraph 1 of this Article. (Amendment 12) Article 3(1)    1. The Data Protection Secretariat shall be provided with the staff necessary for the performance of its tasks. The staff members assigned to the Data Protection Secretariat shall fill posts included in the list of posts appended to the section of the general budget of the European Union relating to the Council.    1. The Data Protection Secretariat shall be provided with the staff necessary for the performance of its tasks. Expenditure in respect of staff, and other expenditure required to bring the Data Protection Secretariat into operation, shall be entered in section VIII-B of the general budget of the European Union. The Council shall ensure that the necessary legislative and financial steps are taken for that purpose. (Amendment 13) Article 3(3)    3. Without prejudice to paragraph (2), the staff assigned to the Data Protection Secretariat shall be subject to the Regulations and rules applicable to officials and other servants of the European Communities. As regards the exercise of the powers conferred by the Staff Regulations on the appointing authority and the powers under the Conditions of employment of other servants of the European Communities, the staff shall be subject to the same rules as the officials and other agents of the General Secretariat of the Council .    3. Without prejudice to paragraph (2), the staff assigned to the Data Protection Secretariat shall be subject to the Regulations and rules applicable to officials and other servants of the European Communities. As regards the exercise of the powers conferred by the Staff Regulations of officials of the European Communities on the appointing authority and the powers under the Conditions of employment of other servants of the European Communities, the staff shall be subject to the same rules as the officials and other agents of the European Communities . (Amendment 14) Article 3(3a) (new) 3a.Staff assigned to the Data Protection Secretariat shall be required to refrain from circulating information and documents that may have come to their knowledge in the course of their work and shall be bound, even after they have left the service, to observe the obligation of professional secrecy with regard to the confidential information to which they may have had access when carrying out their duties. (Amendment 15) Article 5(1)    1. Within the limits set out in the Financial Statement, the administrative overhead expenses of the Data Protection Secretariat (in particular equipment, remuneration, allowances and other personnel expenses) shall be charged to the s ection of the general budget of the European Union relating to the Council .    1. The administrative overhead expenses of the Data Protection Secretariat (in particular equipment, remuneration, allowances and other personnel expenses) shall be charged to S ection VIII-B of the general budget of the European Union relating to the Data Protection Secretariat.

(1) OJ C 141, 19.5.2000, p. 20.

(Consultation procedure)

The European Parliament,

-  having regard to the initiative of the Portuguese Republic (7381/2000(1) ),

-  having regard to Article 34(2)(c) of the EU Treaty,

-  having been consulted by the Council pursuant to Article 39(1) of the EC Treaty (C5-0230/2000 ),

-  having regard to Rules 106 and 67 of its Rules of Procedure,

-  having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0225/2000 ),

1.  Approves the initiative of the Portuguese Republic, as amended;

2.  Calls on the Council to notify Parliament should it intend to depart from the text approved by Parliament;

3.  Asks to be consulted again if the Council intends to amend the initiative of the Portuguese Republic substantially;

4.  Instructs its President to forward its position to the Council and Commission and the Portuguese Government.

(1) OJ C 141, 19.5.2000, p. 20.