ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union CE 16/76

Request for waiver of the immunity of Frank Vanhecke

P6_TA(2008)0537

European Parliament decision of 18 November 2008 on the request for waiver of the immunity of Frank Vanhecke (2008/2092(IMM))

(2010/C 16 E/19)

The European Parliament,

— having regard to the request for waiver of the immunity of Frank Vanhecke, submitted, at the request the Dendermonde Public Prosecutor, by the Minister of Justice of the Kingdom of Belgium, and announced in plenary sitting on 10 April 2008,

— having heard Frank Vanhecke in accordance with Rule 7(3) of its Rules of Procedure,

— having regard to Articles 9 and 10 of the Protocol of 8 April 1965 on the Privileges and Immunities of the European Communities, and to Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,

— having regard to the judgments of 12 May 1964 and 10 July 1986 (1) of the Court of Justice of the European Communities,

— having regard to Articles 58 and 59 of the Belgian Constitution,

— having regard to Rules 6(2) and 7 of its Rules of Procedure,

— having regard to the report of the Committee on Legal Affairs (A6-0421/2008),

1. Decides to waive the immunity of Frank Vanhecke;

2. Instructs its President to forward this decision, and the report of its committee responsible, immediately to the appropriate authority of the Kingdom of Belgium.

(1) Case 101/63 Wagner v Fohrmann and Krier [1964] ECR 195 and Case 149/85 Wybot v Faure and Others [1986] ECR 2391.
EN Official Journal of the European Union CE 286/44

Wednesday 16 December 2009

Conference of Committee Chairs and of Delegation Chairs (interpretation of Rules 27 and 28)

P7_TA(2009)0112

European Parliament decision of 16 December 2009 on interpretation of Rules 27 and 28 of Parliament's Rules of Procedure on replacing the Chair of the Conference of Committee Chairs or the Conference of Delegation Chairs in the event of absence

2010/C 286 E/09

The European Parliament,

having regard to the letter of 2 December 2009 from the chair of the Committee on Constitutional Affairs,

having regard to Rule 211 of its Rules of Procedure,

1. Decides to append the following interpretation to Rules 27(1) and 28(1): ‘In the absence of the Chair, the meeting of the Conference shall be chaired by the oldest Member, or, in the absence of the latter, by the oldest Member present.’;
EN Official Journal of the European Union CE 224/41

Monday 14 September 2009

Approval of the appointment of Karel De Gucht as a member of the Commission

P7_TA(2009)0005

European Parliament decision of 14 September 2009 approving the appointment of Mr Karel De Gucht as a Member of the Commission

2010/C 224 E/14

The European Parliament,

having regard to Article 214(2), third subparagraph, and Article 215 of the EC Treaty,

having regard to point 4 of the Framework Agreement on relations between the European Parliament and the Commission (1),

having regard to the resignation of Louis Michel as a Member of the Commission, tendered on 5 July 2009,

having regard to the nomination by the Government of Belgium of Karel De Gucht for appointment as a Member of the Commission,

having regard to Council Decision 2009/552/EC, Euratom of 16 July 2009 appointing a new Member of the Commission of the European Communities (2),

having regard to the decision of the Conference of Presidents of 9 July 2009 concerning the procedure to be applied for the replacement of Commissioners,

having regard to the exchange of views between the Commissioner-designate and its committee responsible held on 1 September 2009,

having regard to Rule 106 and Annex XVII, point 2, second paragraph, of its Rules of Procedure,

1. Approves the appointment of Karel De Gucht as a Member of the Commission for the remainder of the Commission's term of office, until 31 October 2009;

2. Instructs its President to forward this decision to the Council, the Commission and the governments of the Member States.

(1) OJ C 117 E, 18.5.2006, p. 123.

(2) OJ L 185, 17.7.2009, p. 23.
B.

whereas, according to Article 9 of the Protocol on the Privileges and Immunities of the European Union, during the sessions of the European Parliament its Members enjoy in the territory of their own State the immunities accorded to members of their parliament; whereas immunity cannot be claimed when a Member is caught in the act of committing an offence; and whereas this does not prevent the European Parliament from exercising its right to waive the immunity of one of its Members,
EN Official Journal of the European Union CE 305/19

Wednesday 20 January 2010

Election of the European Ombudsman

P7_TA(2010)0001

European Parliament decision of 20 January 2010 electing the European Ombudsman

2010/C 305 E/06

The European Parliament,

having regard to the Treaty on the Functioning of the European Union, and in particular the third paragraph of Article 24 and Article 228 thereof,

having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,

having regard to its Decision 94/262/ECSC, EC, Euratom of 9 March 1994 on the regulations and general conditions governing the performance of the Ombudsman's duties (1),

having regard to Rule 204 of its Rules of Procedure,

having regard to the call for applications (2),

having regard to its vote of 20 January 2010,

1. Elects Nikiforos DIAMANDOUROS to serve as European Ombudsman;

2. Requests Nikiforos DIAMANDOUROS to take an oath before the Court of Justice;

3. Instructs its President to have the annexed decision published in the Official Journal of the European Union;

4. Instructs its President to forward this Decision to the Council, the Commission and the Court of Justice.

(1) OJ L 113, 4.5.1994, p. 15.

(2) OJ C 216, 10.9.2009, p. 7.
A.

whereas the Vienna Public Prosecutor’s Office has requested the waiver of immunity of Hans-Peter Martin, Member of the European Parliament, in order to enable the Austrian authorities to conduct the necessary investigations and to take legal action against Hans-Peter Martin, to call for a search of his house or offices, to seize documents and to carry out computer checks or any other electronic searches which may be necessary and to initiate criminal proceedings against Mr Martin on the grounds of misappropriation of party funding or any other legal description that might be given to the alleged offence(s) before the criminal courts having jurisdiction,
D.

whereas, in accordance with the second paragraph of Article 26 of the Constitution of the French Republic, ‘no Member of Parliament may be arrested or subject to any other measure depriving him or her of freedom or restricting that freedom as a result of criminal or minor offences without the authorisation of the Assembly to which he or she belongs, except if a serious crime has been committed, in the event of flagrante delicto or if a final judgment has been handed down’, and whereas, in accordance with the third paragraph of Article 26, ‘detention, measures depriving the Member of his or her freedom or restricting that freedom or the prosecution of the Member of Parliament shall be suspended during the session if the Assembly of which he or she is a Member so demands’,
D.

whereas, under Article 57(2) of the Austrian Federal Constitutional Law, Members of the National Council (Nationalrat) may only be arrested on the grounds of a criminal offence with the consent of the National Council – except where they are caught in the act of committing a crime – and searches of the houses of members of the National Council likewise requires the consent of the National Council; whereas further to Article 57(3) of the Austrian Federal Constitutional Law, no official action on account of a punishable offence may be taken against members of the National Council without the National Council’s consent unless that offence is manifestly not connected with the political activity of the member in question and, under this provision, the authority concerned must seek a decision from the National Council as to whether such a connection exists, where this is so requested by the member in question or one third of the members of the appropriate standing committee;
B.

whereas Parliament's Committee on Economic and Monetary Affairs then proceeded to evaluate the credentials of Ms Lautenschläger, in particular in view of the requirements laid down in Article 283(2) of the Treaty on the Functioning of the European Union (TFEU) and in the light of the need for full independence of the ECB in the area of monetary policy pursuant to Article 130 TFEU, whereas in carrying out this evaluation, the committee received a curriculum vitae from Ms Lautenschläger as well as her replies to the written questionnaire that had been sent to her;
1.

Decides on the number of delegations and their regional groupings as follows: (a) Europe, Western Balkans and Turkey Delegations to the: — EU-Former Yugoslav Republic of Macedonia Joint Parliamentary Committee — EU-Turkey Joint Parliamentary Committee Delegation for relations with Switzerland and Norway and to the EU-Iceland Joint Parliamentary Committee and the European Economic Area (EEA) Joint Parliamentary Committee Delegation to the EU-Serbia SAPC Delegation to the EU-Albania SAPC Delegation to the EU-Montenegro SAPC Delegation for relations with Bosnia and Herzegovina, and Kosovo (b) Russia and the Eastern Partnership states Delegation to the EU-Russia Parliamentary Cooperation Committee Delegation to the EU-Ukraine Parliamentary Cooperation Committee Delegation to the EU-Moldova Parliamentary Cooperation Committee Delegation for relations with Belarus Delegation to the EU-Armenia, EU-Azerbaijan and EU-Georgia Parliamentary Cooperation Committees (c) Maghreb, Mashreq, Israel and Palestine Delegations for relations with: — Israel — the Palestinian Legislative Council — the Maghreb countries and the Arab Maghreb Union — the Mashreq countries (d) The Arab Peninsula, Iraq and Iran Delegations for relations with: — the Arab Peninsula — Iraq — Iran (e) The Americas Delegations for relations with: — the United States — Canada — the Federative Republic of Brazil — the countries of Central America — the countries of the Andean Community — Mercosur Delegation to the EU-Mexico Joint Parliamentary Committee Delegation to the EU-Chile Joint Parliamentary Committee Delegation to the Cariforum — EU Parliamentary Committee (f) Asia/Pacific Delegations for relations with: — Japan — the People’s Republic of China — India — Afghanistan — the countries of South Asia — the countries of Southeast Asia and the Association of Southeast Asian Nations (ASEAN) — the Korean Peninsula — Australia and New Zealand Delegation to the EU-Kazakhstan, EU-Kyrgyzstan, EU-Uzbekistan and EU-Tajikistan Parliamentary Cooperation Committees, and for relations with Turkmenistan and Mongolia (g) Africa Delegations for relations with: — South Africa — the Pan-African Parliament (h) Multilateral assemblies Delegation to the ACP-EU Joint Parliamentary Assembly Delegation to the Parliamentary Assembly of the Union for the Mediterranean Delegation to the Euro-Latin American Parliamentary Assembly Delegation to the Euronest Parliamentary Assembly Delegation for relations with the NATO Parliamentary Assembly;
—

having regard to the letter from the Committee on the Environment, Public Health and Food Safety to the Chair of the Conference of Committee Chairs of 30 January 2014,
EN Official Journal of the European Union C 399/239

P8_TA(2015)0452

Extension of the term of office of the Chairperson of the European Securities and Markets Authority (ESMA)

European Parliament decision of 16 December 2015 on the extension of the term of office of the Chairperson of the European Securities and Markets Authority (ESMA) (C8-0315/2015 — 2015/0905(NLE))

(Approval)

(2017/C 399/51)

The European Parliament,

— having regard to the proposal of the Board of Supervisors of the European Securities and Markets Authority (ESMA) of 24 September 2015 to extend the term of office of the Chairperson of the ESMA by another five-year term (C8-0315/2015),

— having regard to Article 48(4) of Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC (1),

— having regard to its Rules of Procedure,

— having regard to the report of the Committee on Economic and Monetary Affairs (A8-0346/2015),

A. whereas the first Chairperson of the ESMA was appointed by the Board of Supervisors of the ESMA in 2011, following an open selection procedure, for a term of office of five years, in accordance with Article 48(2) of Regulation (EU) No 1095/2010;

B. whereas Article 48(4) of Regulation (EU) No 1095/2010 provides that the Board of Supervisors of the ESMA, taking into account the evaluation referred to in that provision, may extend the term of office of the Chairperson of the ESMA once, subject to confirmation by the European Parliament;

C. whereas, on 24 September 2015, the Board of Supervisors of the ESMA proposed to extend the term of office of Steven Maijoor, the incumbent Chairperson of the ESMA, by another five-year term, and informed the European Parliament accordingly;

D. whereas, on 17 November 2015, the Committee on Economic and Monetary Affairs held a hearing with Steven Maijoor, the incumbent Chairperson of the ESMA, at which he made an opening statement and then responded to questions from the members of the Committee;

1. Approves the proposal for the extension of the term of office of Steven Maijoor as Chairperson of the ESMA by another five-year term;

2. Instructs its President to forward this decision to the Council, the Commission, the ESMA and the governments of the Member States.

(1) OJ L 331, 15.12.2010, p. 84.
B.

whereas Article 11(15) of EMIR provides that the ESAs shall develop common draft regulatory technical standards (RTSs) specifying the risk-management procedures, including the levels and type of collateral and segregation arrangements required for compliance with Article 11(3) of EMIR, the procedures to be followed by the counterparties and the relevant competent authorities when applying exemptions under Article 11(6) to (10) of EMIR and the applicable criteria referred to in Article 11(5) to (10) of EMIR, including in particular what should be considered as a practical or legal impediment to the prompt transfer of own funds and repayment of liabilities between the counterparties;
P8_TA(2018)0470

Appointment of the Chair of the Supervisory Board of the European Central Bank

European Parliament decision of 29 November 2018 on the proposal for the appointment of the Chair of the Supervisory Board of the European Central Bank (N8-0120/2018 — C8-0466/2018 — 2018/0905(NLE))

(Approval)

(2020/C 363/42)

The European Parliament,

— having regard to the proposal of the European Central Bank of 7 November 2018 for the appointment of the Chair of the Supervisory Board of the European Central Bank (C8-0466/2018),

— having regard to Article 26(3) of Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (1),

— having regard to the Interinstitutional Agreement between the European Parliament and the European Central Bank on the practical modalities of the exercise of democratic accountability and oversight over the exercise of the tasks conferred on the ECB within the framework of the Single Supervisory Mechanism (2),

— having regard to Rule 122a of its Rules of Procedure,

— having regard to the report of the Committee on Economic and Monetary Affairs (A8-0380/2018),

A. whereas Article 26(3) of Council Regulation (EU) No 1024/2013 provides that the European Central Bank is to submit to Parliament its proposal for the appointment of the Chair of the Supervisory Board and that the Chair is to be chosen on the basis of an open selection procedure from among individuals of recognised standing and experience in banking and financial matters who are not members of the Governing Council;

B. whereas Article 26(2) of Council Regulation (EU) No 1024/2013 provides that the appointments for the Supervisory Board in accordance with that Regulation are to respect the principles of gender balance, experience and qualification;

C. whereas, in a letter dated 7 November 2018, the European Central Bank submitted to Parliament a proposal for the appointment of Andrea Enria as the Chair of the Supervisory Board;

D. whereas Parliament’s Committee on Economic and Monetary Affairs then proceeded to evaluate the credentials of the proposed candidate, in particular in view of the requirements laid down in Article 26(2) and (3) of Council Regulation (EU) No 1024/2013; whereas in carrying out that evaluation, the committee received a curriculum vitae from the proposed candidate;

E. whereas the committee held a hearing with the proposed candidate on 20 November 2018, at which he made an opening statement and then responded to questions from the members of the committee;

1. Approves the European Central Bank’s proposal for the appointment of Andrea Enria as the Chair of the Supervisory Board of the European Central Bank;

2. Instructs its President to forward this decision to the European Central Bank, the Council, and the governments of the Member States.

(1) OJ L 287, 29.10.2013, p. 63.

(2) OJ L 320, 30.11.2013, p. 1.
—

having regard to Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (1), which was amended by Regulation (EU) 2015/2424 of the European Parliament and of the Council of 16 December 2015 amending Council Regulation (EC) No 207/2009 on the Community trade mark and Commission Regulation (EC) No 2868/95 implementing Council Regulation (EC) No 40/94 on the Community trade mark, and repealing Commission Regulation (EC) No 2869/95 on the fees payable to the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (2) and then codified as Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (3),
P8_TA(2019)0162

Non-objection to a delegated act: exemption of the Bank of England and the United Kingdom Debt Management Office from the scope of Regulation (EU) No 596/2014

European Parliament decision to raise no objections to the Commission delegated regulation of 30 January 2019 amending Delegated Regulation (EU) 2016/522 as regards the exemption of the Bank of England and the United Kingdom Debt Management Office from the scope of Regulation (EU) No 596/2014 (C(2019)00792 — 2019/2550(DEA))

(2021/C 23/51)

The European Parliament,

— having regard to the Commission delegated regulation (C(2019)00792),

— having regard to the Commission’s letter of 30 January 2019 asking Parliament to declare that it will raise no objections to the delegated regulation,

— having regard to the letter from the Committee on Economic and Monetary Affairs to the Chair of the Conference of Committee Chairs of 21 February 2019,

— having regard to Article 290 of the Treaty on the Functioning of the European Union,

— having regard to Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse (market abuse regulation) and repealing Directive 2003/6/EC of the European Parliament and of the Council and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC (1), and in particular Articles 6(5) and 35(5) thereof,

— having regard to the recommendation for a decision of the Committee on Economic and Monetary Affairs,

— having regard to Rule 105(6) of its Rules of Procedure,

A. whereas the amending delegated act contains important amendments to ensure that the Bank of England and United Kingdom Debt Management Office will continue to benefit from the existing exemption in accordance with Article 6(1) of Regulation (EU) No 596/2014 after a status change of the United Kingdom to that of a third country;

B. whereas Parliament recognises the importance of a swift adoption of this act in order to ensure the preparedness of the European Union in the event of a withdrawal of the United Kingdom from the Union without a withdrawal agreement;

1. Declares that it has no objections to the delegated regulation;

2. Instructs its President to forward this decision to the Council and the Commission.

(1) OJ L 173, 12.6.2014, p. 1.
P8_TA(2019)0160

Non-objection to a delegated act amending Regulation (EU) 2015/2365 of the European Parliament and of the Council with regard to the list of exempted entities

European Parliament decision to raise no objections to the Commission delegated regulation of 30 January 2019 amending Regulation (EU) 2015/2365 of the European Parliament and of the Council with regard to the list of exempted entities (C(2019)00794 — 2019/2547(DEA))

(2021/C 23/49)

The European Parliament,

— having regard to the Commission delegated regulation (C(2019)00794),

— having regard to the Commission’s letter of 30 January 2019 asking Parliament to declare that it will raise no objections to the delegated regulation,

— having regard to the letter from the Committee on Economic and Monetary Affairs to the Chair of the Conference of Committee Chairs of 21 February 2019,

— having regard to Article 290 of the Treaty on the Functioning of the European Union,

— having regard to Regulation (EU) 2015/2365 of the European Parliament and of the Council of 25 November 2015 on transparency of securities financing transactions and of reuse, and in particular Articles 2(4) and 30(5) thereof (1),

— having regard to the recommendation for a decision of the Committee on Economic and Monetary Affairs,

— having regard to Rule 105(6) of its Rules of Procedure,

A. whereas the delegated act contains important amendments to ensure that the United Kingdom central bank and public bodies charged with, or intervening in, the management of the public debt will be exempted from the reporting obligation under Article 4 and the reuse transparency requirements under Article 15 of Regulation (EU) 2015/2365;

B. whereas Parliament recognises the importance of a swift adoption of this act in order to ensure the preparedness of the European Union in the event of a withdrawal of the United Kingdom from the Union without a withdrawal agreement;

1. Declares that it has no objections to the delegated regulation;

2. Instructs its President to forward this decision to the Council and the Commission.

(1) OJ L 337, 23.12.2015, p. 1.
ANNEX

DECISION OF THE EUROPEAN PARLIAMENT

of 18 December 2019

electing the European Ombudsman

THE EUROPEAN PARLIAMENT,

Having regard to the Treaty on the Functioning of the European Union, and in particular the third paragraph of Article 24 and Article 228 thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,

Having regard to its Decision 94/262/ECSC, EC, Euratom of 9 March 1994 on the regulations and general conditions governing the performance of the Ombudsman's duties (1),

Having regard to Rule 231 of its Rules of Procedure,

Having regard to the call for nominations (2),

Having regard to its vote of 18 December 2019,

HAS DECIDED:

to elect Emily O’REILLY to exercise the function of European Ombudsman until the end of the parliamentary term.

Done at Strasbourg, 18 December 2019. For the European Parliament The President D. M. SASSOLI

(1) OJ L 113, 4.5.1994, p. 15.

(2) OJ C 293, 30.8.2019, p. 1.
B.

whereas, on 14 January 2020, the Board of Supervisors of the European Banking Authority, following an open selection procedure, proposed to appoint Gerry Cross as Executive Director for a term of office of five years, in accordance with Article 51(2) and (3) of Regulation (EU) No 1093/2010;