19.6.2001 Official Journal of the European Communities L 162/21 COMMISSION DECISION of 23 May 2001 on the terms of reference of hearing officers in certain competition proceedings (notified under document number C(2001) 1461) (Text with EEA relevance) (2001/462[EC, ECSC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, to contribute to the objectivity, transparency and effi- ciency of those proceedings. Having regard to the Treaty establishing the European Community, o ) . (4)  The Commission created the post of hearing officer for these purposes in 1982 and last laid down the terms of reference for that post in Commission Decision 94/810/ ECSC, EC of 12 December 1994 on the terms of refer- ence of hearing officers in competition procedures before the Commission (7). Having regard to the Treaty establishing the European Coal and Steel Community, Having regard to the Agreement on the European Economic Area, (5) It is necessary to further strengthen the role of the hearing officer and to adapt and consolidate those terms Having regard to the Rules of Procedure of the Commission ('), of reference in the light of developments in competition and in particular Article 20 thereof, law. Whereas: (6) In order to ensure the independence of the hearing officer, he should be attached, for administrative purposes, to the member of the Commission with special responsibility for competition. Transparency as regards the appointment, termination of appointment and transfer of hearing officers should be increased. (1) The right of the parties concerned and of third parties to be heard before a final decision affecting their interests is taken is a fundamental principle of Community law. That right is also set out in Council Regulation (EEC) No 4064/89 of 21 December 1989 on the control of concentrations between undertakings (?), as last amended by Regulation (EC) No 1310/97 (}), Commission Regula- tion (EC) No 2842/98 of 22 December 1998 on the hearing of parties in certain proceedings under Articles 85 and 86 of the EC Treaty (*) and Commission Regula- tion (EC) No 447/98 of 1 March 1998 on the notifica- tions, time limits and hearings provided for in Council Regulation (EEC) No 4064/89 on the control of concen- trations between undertakings (°). (7)  The hearing officer should be appointed in accordance with the rules laid down in the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities. In accordance with those rules, consideration may be given to candi- dates who are not officials of the Commission. (8)  The terms of reference of the hearing officer in (2)  The Commission must ensure that that right is guaran- competition proceedings should be framed in such a teed in its competition proceedings, having regard in way as to safeguard the right to be heard throughout the particular to the Charter of Fundamental Rights of the whole procedure. European Union (°). (3)  The conduct of administrative proceedings should there- (9 When disclosing information on natural persons, partic- fore be entrusted to an independent person experienced ular attention should be paid to Regulation (EC) No in competition matters who has the integrity necessary 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals ) O] L 308, 8.12.2000, p. 26. with regard to the processing of personal data by the () O] L 395, 30.12.1989, p. 1 (corrected version in O] L 257, Community institutions and bodies and on the free 21.9.1990, p. 13). movement of such data (8). 9. L 180, 9.7.1997, p. 1. L 354, 30.12.1998, p. 18. L 61, 2.3.1998, p. I. () O] L 330, 21.12.1994, p. 67. C 364, 18.12.2000, p. 1. ) O] L 8, 12.1.2001, p. 1.