CELEX: 52005DP0264
Language: en
Date: 2005-07-05 00:00:00
Title: European Parliament decision on the request for defence of the immunity and privileges of Umberto Bossi (2004/2203(IMM))

6.7.2006        EN                             Official Journal of the European Union                                        C 157 E/55
                                                                                                                     Tuesday 5 July 2005
                        TEXT PROPOSED                                                             AMENDMENTS
                      BY THE COMMISSION                                                          BY PARLIAMENT
                                                            Amendment 2
                                                            Recital 5a (new)
                                                                         (5a) Migratory waterbirds play an important role in world-
                                                                         wide biodiversity and should, in accordance with the 1992
                                                                         Convention on Biological Diversity, be conserved for future
                                                                         generations.
                                                            Amendment 3
                                                            Recital 7a (new)
                                                                         (7a) Where the Commission, on behalf of the Community
                                                                         and within the terms of its mandate, negotiates amendments
                                                                         to the Action Plan referred to in Annex 3 to the Agreement, it
                                                                         should take account, in particular, of the conservation
                                                                         measures listed in Article III(2) of the Agreement.
                                                            Amendment 4
                                                                Article 3
The Commission is hereby authorised to negotiate and                     In respect of matters falling within the Community's com-
approve, on behalf of the Community, any amendments to the               petence, the Commission is authorised to approve, on behalf
Action Plan provided for by Article IV of the Agreement and              of the Community, amendments to the Annexes to the Agree-
the amendments of the Agreement provided for by Article X.               ment adopted in accordance with Article X(5) thereof.
The Commission should conduct these negotiations in consul-
tation with a special committee designated by the Council. It
shall ensure that the decisions adopted under the Agreement
are consistent with the existing Community legislation and
with the objectives of the Community's policies.
                                                                         The Commission shall, in carrying out this task, be assisted
                                                                         by a special committee designated by the Council.
                                                                         If an amendment to the Annexes to the Agreement has not
                                                                         been transposed into the relevant Community legislation
                                                                         within 90 days of the date of its adoption by the Meeting of
                                                                         the Parties, the Commission shall enter a reservation with
                                                                         respect to that amendment by written notification to the
                                                                         Depository in accordance with Article X(6) of the Agreement.
                                                                         If the amendment is subsequently thus transposed, the Com-
                                                                         mission shall withdraw the reservation without delay.
             P6_TA(2005)0264
             Request for defence of the immunity of Mr Bossi
             European Parliament decision on the request for defence of the immunity and privileges of
                                                Umberto Bossi (2004/2203(IMM))
             The European Parliament,
             — having regard to the request, by a barrister acting for Mr Umberto Bossi, for defence of his immunity in
                  connection with criminal proceedings pending before the District Court of Padua, of 3 August 2004,
                  announced in plenary sitting on 13 September 2004,
 ---pagebreak--- C 157 E/56                                         Official Journal of the European Union                           EN    6.7.2006
Tuesday 5 July 2005
             — 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;
             2.      Proposes, pursuant to Article 9 of the above Protocol and having regard to the proceedings of the
             relevant Member State, to declare that the proceedings in question should not be continued; therefore calls
             on the Court to draw the appropriate conclusions;
             3.      Instructs its President immediately to forward this decision and the report of the committee respon-
             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.