CELEX: 52005DP0347
Language: mt
Date: 2005-09-27 00:00:00
Title: European Parliament decision on the request for waiver of the immunity of Marios Matsakis (2004/2194(IMM))

C 227 E/44           MT                         Il-Ġurnal Uffiċjali ta' l-Unjoni Ewropea                                  21.9.2006

It-Tlieta, 27 ta' Settembru 2005

                         TEXT PROPOSED                                                          AMENDMENTS
                       BY THE COMMISSION                                                       BY PARLIAMENT

                                                            Amendment 6
                                                           Article 3 d (new)
                                                                        Article 3d

                                                                        When the first meeting of the Joint Committee provided for
                                                                        in Article 7(1) of the Agreement is held, the Commission
                                                                        shall inform the Comorian authorities of the attendance of
                                                                        shipowners' representatives at subsequent meetings of the
                                                                        Joint Committee.

              P6_TA(2005)0347

              Request for waiver of the immunity of Mr Marios Matsakis

              European Parliament decision on the request for waiver of the immunity of Marios Matsakis
                                                   (2004/2194(IMM))

              The European Parliament,

              — having regard to the request for waiver of the immunity of Marios Matsakis, forwarded by the Attor-
                ney-General of the Republic of Cyprus on 20 September 2004 and announced in plenary sitting on
                13 October 2004,

              — having regard to the letter, announced at the plenary sitting of 14 October 2004, in which Marios Mat-
                sakis challenged the Attorney-General's authority to make such a request for waiver of his
                immunity,

              — having regard to the two letters confirming the Attorney-General's authority to make a request for wai-
                ver of the immunity of a Cypriot MEP, sent by the Permanent Representative of the Republic of Cyprus
                on 13 October 2004 and on 10 February 2005 to the President of the European Parliament,

              — having regard to the letter sent by the President of the Supreme Court of Cyprus on 16 June 2005,

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

              — having regard to Article 10 of the Protocol of 8 April 1965 on the Privileges and Immunities of the
                European Communities and 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 83 and 113 of the Constitution of the Republic of Cyprus,

              — having regard to Rules 6(2) and 7, in particular paragraph 4 thereof, of its Rules of Procedure,

              — having regard to the report of the Committee on Legal Affairs (A6-0268/2005),

              1. Takes note that, according to Articles 83 and 113 of the Constitution of the Republic of Cyprus, the
              Attorney-General of the Republic of Cyprus is the competent authority to present a request for the waiver
              of a Member's immunity;

              (1) Case 101/63 Wagner v Fohrmann and Krier [1964] ECR 195 and Case 149/85 Wybot v Faure and others
                  [1986] ECR 2391.
 ---pagebreak--- 21.9.2006          MT                         Il-Ġurnal Uffiċjali ta' l-Unjoni Ewropea                                      C 227 E/45

                                                                                                        It-Tlieta, 27 ta' Settembru 2005

            2. Decides to waive the immunity of Marios Matsakis subject to the condition that such waiver shall
            apply solely to the prosecution proceedings in hand and that, until such time as a final sentence is passed
            in those proceedings, Marios Matsakis shall be immune from any form of detention or remand or any
            other measure which might prevent him from performing the duties attaching to his mandate as a Member
            of the European Parliament;

            3. Instructs its President to forward this decision and the report of its committee responsible to the Attor-
            ney-General of the Republic of Cyprus.

            P6_TA(2005)0348

            Data retention for combating crime, including terrorism *

            European Parliament legislative resolution on the initiative by the French Republic, Ireland, the
            Kingdom of Sweden and the United Kingdom for a Draft Framework Decision on the retention of
            data processed and stored in connection with the provision of publicly available electronic com-
            munications services or data on public communications networks for the purpose of prevention,
            investigation, detection and prosecution of crime and criminal offences including terrorism
                                     (8958/2004 — C6-0198/2004 — 2004/0813(CNS))

            (Consultation procedure)

            The European Parliament,

            — having regard to the initiative by the French Republic, Ireland, the Kingdom of Sweden and the United
              Kingdom (8958/2004) (1),

            — having regard to Article 34(2)(b) of the EU Treaty,

            — having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament
              (C6-0198/2004),

            — having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

            — having regard to Rules 93, 51 and 35 of its Rules of Procedure,

            — having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs
              (A6-0174/2005),

            1. Rejects the initiative by the French Republic, Ireland, the Kingdom of Sweden and the United King-
            dom;

            2. Calls on the French Republic, Ireland, the Kingdom of Sweden and the United Kingdom to withdraw
            their initiative;

            3. Instructs its President to forward its position to the Council and Commission, and the governments of
            the French Republic, Ireland, the Kingdom of Sweden and the United Kingdom.

            (1) Not yet published in OJ.