CELEX: 52005DP0347
Language: en
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           EN                        Official Journal of the European Union                                      21.9.2006
Tuesday, 27 September 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
                  Attorney-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
                  Matsakis 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
                  waiver 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         EN                         Official Journal of the European Union                                    C 227 E/45
                                                                                                       Tuesday, 27 September 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
          Attorney-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
          communications services or data on public communications networks for the purpose of preven-
          tion, 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
          Kingdom;
          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.