1. Individuals, organisations, and public entities other than Member States’ authorities, may be granted an observer status, in compliance with the horizontal rules, by direct invitation or as a result of a call for applications.

2. Organisations and public entities appointed as observers shall nominate their representatives.

3. Observers and their representatives may be permitted by the Chair to take part in the discussions of the group and its sub-groups and provide expertise. However, they shall not have voting rights and shall not participate in the formulation of recommendations or advice of the group and its sub-groups.

Article 11

Rules of procedure

On a proposal by and in agreement with the responsible Commission services, the group shall adopt its rules of procedure by simple majority of its members, on the basis of the standard rules of procedure for expert groups, in compliance with the horizontal rules. Sub-groups shall operate in compliance with the group’s rules of procedure.

Article 12

Professional secrecy and handling of classified information

The members of the group and their representatives, as well as invited experts and observers, are subject to the obligation of professional secrecy, which by virtue of the Treaties and the rules implementing them applies to all members of the institutions and their staff, as well as to the Commission’s rules on security regarding the protection of Union classified information, laid down in Commission Decisions (EU, Euratom) 2015/443 (7) and 2015/444 (8). Should they fail to respect these obligations, the Commission may take all appropriate measures.

Article 13

Transparency

1. The group and its sub-groups shall be registered in the Register of Commission expert groups and other similar entities (‘the Register of expert groups’).

2. As concerns the group and sub-groups composition, the following data shall be published on the Register of expert groups:

— the name of Member States’ authorities;

— the name of other public entities, including the name of third countries’ authorities;

— the name of individuals appointed to represent a common interest; the interest represented shall be disclosed;

— the name of member organisations; the interest represented shall be disclosed;

— the name of observers.

3. All relevant documents, including the agendas, the minutes and the participants’ submissions, shall be made available on the Register of expert groups. In particular, the agenda and other relevant background documents shall be published in due time ahead of the meeting, followed by timely publication of minutes. Exceptions to publication shall only be possible where it is deemed that disclosure of a document would undermine the protection of a public or private interest as defined in Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (9).