(121) 關於監管機關成員之一般性規範，應由各會員國以法律定之， 並應特別規定該等成員係基於政府、政府成員、國會或國會議院或會 員國立法委託之獨立機構之提案，依透明之程序選任，不問係由國會、 政府或會員國之元首為之。為確保監管機關之獨立性，其成員應依誠 信原則為各項行為，避免任何與其職務在性質上不相容之行為，且不 應在其任期中從事任何性質上不相容之工作，不問該工作是否受有報 酬。監管機關應擁有由監管機關或依會員國法設立之獨立機構所挑選 出之職員，該等職員應遵從監管機關成員排他之行政指揮。
(121) The general conditions for the member or members of the supervisory authority should be laid down by law in each Member State and should in particular provide that those members are to be appointed, by means of a transparent procedure, either by the parliament, government or the head of State of the Member State on the basis of a proposal from the government, a member of the government, the parliament or a chamber of the parliament, or by an independent body entrusted under Member State law. In order to ensure the independence of the supervisory authority, the member or members should act with integrity, refrain from any action that is incompatible with their duties and should not, during their term of office, engage in any incompatible occupation, whether gainful or not. The supervisory authority should have its own staff, chosen by the supervisory authority or an independent body established by Member State law, which should be subject to the exclusive direction of the member or members of the supervisory authority.