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    Decision No 253 of the Management Board of the European Union Agency for Railways... (32023Q1585)
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    EU - Rechtsakte: 01 General, financial and institutional matters
    (21) The Agency should lift the restriction as soon as the conditions that justify the restriction no longer apply, and assess those conditions on a regular basis.
    (22) To guarantee utmost protection of the rights and freedoms of data subjects and in accordance with Article 44(1) of the Regulation, the DPO should be consulted in due time of any restrictions that may be applied and verify their compliance with this Decision.
    (23) Articles 16(5) and 17(4) of the Regulation provide for exceptions to data subjects’ right to information and right of access. If these exceptions apply, the Agency does not need to apply a restriction under this Decision,
    HAS ADOPTED THIS DECISION:

    Article 1

    Subject matter and scope

    1.   This Decision lays down rules relating to the conditions under which the Agency may restrict the application of Articles 4, 14 to 22, 35 and 36, pursuant to Article 25 of the Regulation.
    2.   The Agency, as controller, is represented by its Executive Director.

    Article 2

    Restrictions

    1.   The Agency may restrict the application of Articles 14 to 22, 35 and 36, and Article 4 of the Regulation in so far as its provisions correspond to the rights and obligations provided for in Articles 14 to 20:
    (a) pursuant to Article 25(1)(b), (c), (f), (g) and (h) of the Regulation, when conducting administrative inquiries, pre-disciplinary, disciplinary or suspension proceedings under Article 86 and Annex IX of the Staff Regulations and the Agency Management Board Decision No 297 (4), and when notifying cases to OLAF;
    (b) pursuant to Article 25(1)(h) of the Regulation, when ensuring that Agency staff members may report facts confidentially where they believe there are serious irregularities, as set out in the Agency Management Board Decision No 183 (5) on whistleblowing and Decision No 8 (6) on internal investigations;
    (c) pursuant to Article 25(1)(h) of the Regulation, when ensuring that Agency staff members are able to report to confidential counsellors in the context of a harassment procedure, as defined by the Agency Decision ERA-ED-690-2013 (7);
    (d) pursuant to Article 25(1)(c), (g) and (h) of the Regulation, when conducting internal audits in relation to activities or departments of the Agency;
    (e) pursuant to Article 25(1)(c), (d), (g) and (h) of the Regulation, when providing or receiving assistance to or from other Union institutions, bodies, offices and agencies or cooperating with them in the context of activities under points (a) to (d) of this paragraph and pursuant to relevant service level agreements, memoranda of understanding and cooperation agreements;
    (f) pursuant to Article 25(1)(c), (g) and (h) of the Regulation, when providing or receiving assistance to or from third countries national authorities and international organisations or cooperating with such authorities and organisations, either at their request or on its own initiative;
    (g) pursuant to Article 25(1)(c), (g) and (h) of the Regulation, when providing or receiving assistance and cooperation to and from EU Member States’ public authorities, either at their request or on its own initiative;
    (h) pursuant to Article 25(1)(e) of the Regulation, when processing personal data in documents obtained by the parties or interveners in the context of proceedings before the Court of Justice of the European Union.
    2.   Any restriction shall respect the essence of fundamental rights and freedoms and be necessary and proportionate in a democratic society.
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