20.10.2011 Official Journal of the European Union L 275/29 DECISIONS DECISION OF THE PRESIDENT OF THE EUROPEAN COMMISSION of 13 October 2011 on the function and terms of reference of the hearing officer in certain competition proceedings (Text with EEA relevance) (2011/695/EU) THE PRESIDENT OF THE EUROPEAN COMMISSION, Having regard to the Treaty on European Union, Having regard to the Treaty on the Functioning of the European Union, Having regard to the Agreement on the European Economic Area, Having regard to the Rules of Procedure of the Commission (*), and in particular Article 22 thereof, Whereas: 1 Under the system for competition law enforcement established under the Treaty on the Functioning of the European  Union (hereinafter ‘the Treaty), the Commission investigates and decides on cases by admin- istrative decision, subject to judicial review by the Court of Justice of the European Union (hereinafter ‘the Court of Justice)). The Commission has to conduct its competition proceedings fairly, impartially and objectively and must ensure respect of the procedural rights of the parties concerned as set out in Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (3, Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concen- trations between undertakings (the EC Merger Regu- lation) (}), Commission Regulation (EC) No 773/2004 of 7 April 2004 relating to the conduct of proceedings by the Commission pursuant to Articles 81 and 82 of the EC Treaty (*), and Commission Regulation (EC) No 802/2004 of 7 April 2004 implementing Council Regu- lation (EC) No 139/2004 on the control of concen- trations between undertakings (°), as well as in the 08, 8.12.2000, p. 26. , 4.1.2003, p. 1. 23, 27.4.2004, p. 18. 33, 30.4.2004, p. 1. M OoJL 3 ® oJL1 () O] L 24, 29.1.2004, p. 1. ® OJL1 ¢) OJL 1 relevant case-law of the Court of Justice. In particular, the right of the parties concerned to be heard before the adoption of any individual decision adversely affecting them is a fundamental right of European Union law recognised by the Charter of Fundamental Rights, and in particular Article 41 thereof (9). In order to ensure the effective exercise of the procedural rights of the parties concerned, other involved parties within the meaning of Article 11(b) of Regulation (EC) No 802/2004 (hereinafter ‘other involved parties), complainants within the meaning of Article 7(2) of Regu- lation (EC) No 1/2003 (hereinafter ‘complainants’) and persons other than those referred to in Articles 5 and 11 of Regulation (EC) No 773/2004 and third persons within the meaning of Article 11 of Regulation (EC) No 802/2004 (hereinafter ‘third persons) involved in competition proceedings, responsibility for safeguarding the observance of such rights should be entrusted to an independent person experienced in competition matters who has the integrity necessary to contribute to the objectivity, transparency and efficiency of those proceedings. The Commission created the function of hearing officer for these purposes in 1982, revised it in Commission Decision 94/810/ECSC, EC of 12 December 1994 on the terms of reference of hearing officers in competition procedures  before the Commission () and in Commission Decision 2001/462/EC, ECSC of 23 May 2001 on the terms of reference of hearing officers in certain competition proceedings (¥). It is now necessary to clarify and further strengthen the role of the hearing officer and to adapt the terms of reference of the hearing officer in the light of developments in Union competition law. The function of the hearing officer has been generally perceived as an important contribution to the competition proceedings before the Commission due to the independence and expertise that hearing officers have brought to these proceedings. In order to ensure the 303, 14.12.2007, p. 1. 0] C 0] L 330, 21.12.1994, p. 67. oJ L 162, 19.6.2001, p. 21.