My bookmarksSign up free

Commission Decision of 20 May 2022 on the exact functions that qualify as prominent public functions in the European Union institutions and bodies

Commission Decision of 20 May 2022 on the exact functions that qualify as prominent public functions in the European Union institutions and bodies

Decision · 1 article

Data as of 2026-07-04 · Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

full

eli-container"> COMMISSION DECISION of 20 May 2022 on the exact functions that qualify as prominent public functions in the European Union institutions and bodies (C/2023/611) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC  ( 1 ) , and in particular Article 20a(2) thereof, Whereas: (1) Article 20a(2) of Directive (EU) 2015/849 provides that the European Commission is to compile and keep up to date the list of the exact functions which qualify as prominent public functions at the level of the Union institutions and bodies. (2) Article 3(9) of Directive (EU) 2015/849 defines a politically exposed person as a person who is or has been entrusted with a prominent public function and also includes a list of functions considered to be prominent public functions. However, Article 3(9) of that Directive does not make any reference to Union institutions and bodies in the context of prominent public functions. The functions considered as being prominent public functions at the level of the Union institutions or bodies should therefore be based on an assessment by analogy with the functions exercised in a Member State and included in Article 3(9), points (a) to (g), of that Directive, taking into account the specific institutional features of the Union. (3) Article 3(9), point (a), of Directive (EU) 2015/849 provides that heads of State, heads of government, ministers and deputy or assistant ministers are to be considered as politically exposed persons. By analogy, the Members of the College of the Commission, who have political responsibility and are politically accountable to the European Parliament, should be considered as being entrusted with prominent public functions. In that context, President of the European Council and the Secretary-General of the Council of the European Union  ( 2 ) should also be considered as being entrusted with prominent public functions. (4) Article 3(9), point (b), of Directive (EU) 2015/849 provides that members of parliament or of similar legislative bodies are to be considered as being politically exposed persons. By analogy with those functions exercised in a Member State, the Members of the European Parliament should be considered as being entrusted with prominent public functions. (5) Article 3(9), point (d), of Directive (EU) 2015/849 provides that members of supreme courts, constitutional courts or of other high-level judicial bodies, the decisions of which are not subject to further appeal, except in exceptional circumstances, are to be considered as being politically exposed persons. By analogy with those functions exercised in a Member State, the Judges, Advocates-General and Registrar of the Court of Justice should be considered as being entrusted with prominent public functions. (6) Article 3(9), point (e), of Directive (EU) 2015/849 provides that members of courts of auditors or of the boards of central banks are to be considered as being politically exposed persons. By analogy with those functions exercised in a Member State, in the European Central Bank, the President, the Vice-President and the other Members of the Executive Board, the Members of the Governing Council and the General Council, as well as the Chair, the Vice-Chair and the other Members of the Supervisory Board should be considered as being entrusted with prominent public functions. The Governors of the national central banks of the Member States whose currency is the euro, who are Members of the Governing Council and of the General Council of the European Central Bank, and the Governors of the national central banks of the other Member States who are Members of the General Council of the European Central Bank are included in the lists of prominent public functions at national level. Such an inclusion is without prejudice to their status and independence when they exercise the powers and carry out the tasks and duties conferred upon them by the Treaties and by the Statute of the European System of Central Banks and of the European Central Bank, in accordance with Article 7 of that Statute. The Members of the European Court of Auditors should also be considered as being entrusted with prominent public functions. (7) Article 3(9), point (f), of Directive (EU) 2015/849 provides that ambassadors, chargés d’affaires and high-ranking officers in the armed forces are to be considered as being politically exposed persons. By analogy with those functions exercised in a Member State, in the European External Action Service, Heads of Union delegations or representative offices of the Union to a third country or to an international organisation, within the meaning of Article 221 of the Treaty on the Functioning of the European Union (that is, having the diplomatic rank of ambassador or ‘chargé d’affaires’) should be considered as being entrusted with prominent public functions. Article 20a(2) of Directive (EU) 2015/849 provides that the list compiled by the Commission is to include any function which may be entrusted to representatives of third countries and of international bodies accredited at Union level. Therefore, Heads of Mission of third countries and of international organisations accredited to the Union should be considered as being entrusted with prominent public functions, HAS DECIDED AS FOLLOWS: Sole Article The following functions qualify as prominent public functions in the Union institutions and bodies: (1) the functions of the President of the European Council and the Secretary-General of the Council of the European Union; (2) the functions of the Members of the European Parliament; (3) the functions of the Members of the European Commission; (4) the functions of the Judges, Advocates-General and Registrar of the Court of Justice; (5) in the European Central Bank, the functions of: (a) the President, the Vice-President and the other Members of the Executive Board; (b) the Members of the Governing Council and the General Council; (c) the Chair, the Vice-Chair and the other Members of the Supervisory Board; (6) the functions of the Members of the European Court of Auditors; (7) in the European External Action Service, the functions of: (a) Heads of Union delegations or representative offices of the Union to a third country or to an international organisation, within the meaning of Article 221 of the Treaty on the Functioning of the European Union; (b) Heads of Mission of third countries and of international organisations accredited to the Union. Done at Brussels, 20 May 2022. For the Commission Mairead MCGUINNESS Member of the Commission ( 1 )    OJ L 141, 5.6.2015, p. 73 . ( 2 )   The function of the Secretary-General of the Council of the European Union is provided for by the Treaties of the European Union and assimilated to the function of the Members of the institutions. ELI: http://data.europa.eu/eli/C/2023/611/oj ISSN 1977-091X (electronic edition)

Other acts of the same type
2009/491/EC: Commission Decision of 16 June 2009 on criteria to be followed in order to decide when the performance of an organisation acting on behalf of a flag State can be considered an unacceptable threat to safety and the environment (notified under document number C(2009) 4398) (Text with EEA relevance )2009/464/EC: Commission Decision of 15 June 2009 recognising in principle the completeness of the dossier submitted for detailed examination in view of the possible inclusion of fluopyram in Annex I to Council Directive 91/414/EEC (notified under document number C(2009) 4437) (Text with EEA relevance)2009/461/EC: Commission Decision of 12 June 2009 appointing a Commission representative to the Management Board of the European Medicines AgencyDecision No A1 of 12 June 2009 concerning the establishment of a dialogue and conciliation procedure concerning the validity of documents, the determination of the applicable legislation and the provision of benefits under Regulation (EC) No 883/2004 of the European Parliament and of the Council (Text of relevance to the EEA and to the EC/Switzerland Agreement)Decision No A2 of 12 June 2009 concerning the interpretation of Article 12 of Regulation (EC) No 883/2004 of the European Parliament and of the Council on the legislation applicable to posted workers and self-employed workers temporarily working outside the competent State (Text of relevance to the EEA and to the EC/Switzerland Agreement)Decision No F1 of 12 June 2009 concerning the interpretation of Article 68 of Regulation (EC) No 883/2004 of the European Parliament and of the Council relating to priority rules in the event of overlapping of family benefits (Text of relevance to the EEA and to the EC/Switzerland Agreement)Decision No H1 of 12 June 2009 concerning the framework for the transition from Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 to Regulations (EC) No 883/2004 and (EC) No 987/2009 of the European Parliament and of the Council and the application of Decisions and Recommendations of the Administrative Commission for the coordination of social security systems (Text of relevance to the EEA and to the EC/Switzerland Agreement)Decision No P1 of 12 June 2009 on the interpretation of Articles 50(4), 58 and 87(5) of Regulation (EC) No 883/2004 of the European Parliament and of the Council for the award of invalidity, old-age and survivors’ benefits (Text of relevance to the EEA and to the EC/Switzerland Agreement)Decision No S1 of 12 June 2009 concerning the European Health Insurance Card (Text of relevance to the EEA and to the EC/Switzerland Agreement)Decision No S2 of 12 June 2009 concerning the technical specifications of the European Health Insurance Card (Text of relevance to the EEA and to the EC/Switzerland Agreement)Decision No S3 of 12 June 2009 defining the benefits covered by Articles 19(1) and 27(1) of Regulation (EC) No 883/2004 of the European Parliament and of the Council and Article 25(A)(3) of Regulation (EC) No 987/2009 of the European Parliament and of the Council Text of relevance to the EEA and to the EC/Switzerland AgreementDecision No U1 of 12 June 2009 concerning Article 54(3) of Regulation (EC) No 987/2009 of the European Parliament and of the Council relating to increases in unemployment benefit for dependent members of the family (Text of relevance to the EEA and to the EC/Switzerland Agreement)

Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.

Contents

What to look at next