European Parliament resolution on the request for waiver of the immunity of Ashley Mote (2005/2037(IMM))
Date: 2005-07-05
Institutions: European Parliament, Provisional data
Subjects: Member of the European Parliament, United Kingdom, parliamentary immunity, political morality

C 157 E/56

Tuesday 5 July 2005

Official Journal of the European Union

EN

6.7.2006

— 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 elec-
tion 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 Rules 6(3) and 7 of its Rules of Procedure,

— having regard to the report of the Committee on Legal Affairs (A6-0209/2005),

A. whereas Umberto Bossi was a Member of the European Parliament in the fourth legislative term (start
of mandate on 19 July 1994, mandate verified on 15 November 1994, mandate expired on 19 July
1999) and in the fifth legislative term (start of mandate on 20 July 1999, mandate verified on
15 December 1999, mandate expired on 10 June 2001 for incompatibility),

B. whereas Members of the European Parliament may not be subject to any form of inquiry, detention or
legal proceedings in respect of opinions expressed or votes cast by them in the performance of their
duties (2),

C. whereas the immunity from legal proceedings enjoyed by Members of the European Parliament also

covers immunity from civil proceedings,

1.

Decides to defend the immunity and privileges of Umberto Bossi;

Proposes, pursuant to Article 9 of the above Protocol and having regard to the proceedings of the
2.
relevant Member State, to declare that the proceedings in question should not be continued; therefore calls
on the Court to draw the appropriate conclusions;

Instructs its President immediately to forward this decision and the report of the committee respon-

3.
sible to the District Court of Padua.

(1) Case 101/63 Wagner v Fohrmann and Krier [1964] ECR 195, and Case 149/85 Wybot v Faure and others [1986]

ECR 2391.

(2) Article 9 of the Protocol on the Privileges and Immunities of the European Communities.

P6_TA(2005)0265

Request for waiver of the immunity of Mr Mote

European Parliament resolution on the request for waiver of the immunity of Ashley Mote (2005/
2037(IMM))

The European Parliament,

— having regard to the request for waiver of the immunity of Ashley Mote, submitted, at the Attorney
General's request, by the United Kingdom's Permanent Representation to the European Union, and
announced in plenary sitting on 23 February 2005,

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

— having regard to Articles 8, 9, 10 and 19 of the Protocol of 8 April 1965 on the Privileges and Immun-
ities 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,

(1) Case 101/63: Wagner v Fohrmann and Krier [1964] ECR 195 and Case 149/85: Wybot v Faure and others [1986]

ECR 2391.

6.7.2006

EN

Official Journal of the European Union

C 157 E/57

Tuesday 5 July 2005

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

— having regard to the report of the Committee on Legal Affairs (A6-0213/2005),

1.

Decides to waive the immunity of Ashley Mote;

Instructs its President immediately to forward this decision and the report of its committee to the

2.
appropriate authority of the United Kingdom.

P6_TA(2005)0266

Phthalates in toys and childcare articles ***II

European Parliament legislative resolution on the Council common position with a view to the
the Council amending for the
adoption of a directive of
regulations
22nd time Council Directive 76/769/EEC on the approximation of
and administrative provisions of the Member States relating to restrictions on the marketing and
use of certain dangerous substances and preparations (phthalates in toys and childcare articles)
(5467/1/2005 — C6-0092/2005 — 1999/0238(COD))

the European Parliament and of

the laws,

(Codecision procedure: second reading)

The European Parliament,

— having regard to the Council common position (5467/1/2005 — C6-0092/2005),

— having regard to its position at first reading (1) on the Commission proposal to Parliament and the

Council (COM(1999)0577) (2),

— having regard to Article 251(2) of the EC Treaty,

— having regard to Rule 62 of its Rules of Procedure,

— having regard to the recommendation for second reading of the Committee on the Environment, Public

Health and Food Safety (A6-0196/2005),

— having regard to the Commission statements which are annexed to this legislative resolution and which

will be published together with the legislative act in the Official Journal,

1.

2.

Approves the common position as amended;

Instructs its President to forward its position to the Council and Commission.

(1) OJ C 121, 24.4.2001, p. 410.
(2) OJ C 116 E, 26.4.2000, p. 14.