12.7.2002 Official Journal of the European Communities L 183/1 (Acts whose publication is obligatory) DECISION No 1247/2002/EC OF THE EUROPEAN PARLIAMENT, OF THE COUNCIL AND OF THE COMMISSION of 1 July 2002 on the regulations and general conditions governing the performance of the European Data-protec- tion Supervisor’s duties THE EUROPEAN PARLIAMENT, THE COUNCIL OF THE EUROPEAN UNION AND THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (!), and in particular Article 43 thereof, Having regard to the proposal from the Commission (2), Whereas: 1 0] 0] The European Data-protection Supervisor is the indepen- dent supervisory body entrusted with monitoring the application to Community institutions and bodies of Community instruments relating to the protection of natural persons as regards the processing of personal data and the free movement of such data. The data protection rules are designed to protect the fundamental rights and freedoms of individuals, in parti- cular their private and family life, with regard to proces- sing of personal data, in particular in accordance with Article 6 of the Treaty on European Union and with due regard to Articles 7 and 8 of the European Union Charter of Fundamental Rights. Those fundamental rights are to be interpreted, under the case law of the Court of Justice of the European Communities, in the light of Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and the constitutional traditions common to the Member States. The objective of data protection must be met while taking into account the objective of not restricting the information available to citizens about public activities. The effective establishment of this independent supervi- sory body calls for the regulations and general conditions governing the performance of the duties of the European L 8,12.1.2001, p. 1. C 304 E, 30.10.2001, p. 178. Data-protection Supervisor and of the Assistant Super- visor to be laid down. Most of the elements to be included in the regulations and general conditions governing the performance of the duties of the European Data-protection Supervisor are already contained in Regulation (EC) No 45/2001. It contains the necessary provisions for the appointment of the European Data-protection Supervisor and of the Assistant  Supervisor, for their human and financial resources, their independence, their obligation of profes- sional secrecy, their duties and their powers. The Rules of Procedure of the European Data-protection Super- visor, required by Article 46(k) of Regulation (EC) No 45/2001, should contain, in particular, procedural provi- sions governing the manner in which he is to exercise his powers. The European Data-protection Supervisor is bound by Community law and should comply with Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission docu- ments (*). He should thus be bound by the provisions of the Treaty concerning the protection of fundamental rights and freedoms, establishing that decision-making in the Union is to be as open as possible and providing for protection of personal data, in particular the right to privacy. The financial framework of this Decision should be compatible with the current ceiling of heading 5. Only two major aspects of the regulations are not contained in Regulation (EC) No 45/2001 and thus remain to be clarified. They concern the fixing of the salary of the Supervisor and the Assistant Supervisor, their allowances and any benefits in lieu of remunera- tion, and the seat of the Supervisor. The provisions of Regulation (EC) No 45/2001 on the procedure for appointing the European Data-protection Supervisor and the Assistant Supervisor should also be clarified. () OJ L 145, 31.5.2001, p. 43.