in force 2020-01-01 MODIFIED+1,943 −253§
Amended by Regulation (EU) 2019/2175 32019R2175
applies from: unchanged
The heading is shortened to drop the reference to panels, and paragraph 1 now describes the Board of Supervisors establishing internal committees on its own initiative or at the request of the Chairperson, or upon request from the Management Board or Chairperson for tasks attributed to the Management Board, replacing the earlier simpler grant of power to create committees or panels and delegate tasks.
The independent panel provisions for Articles 17 and 19 are restructured so that the Chairperson proposes a decision to convene the panel, subject to adoption by the Board of Supervisors, with panel members proposed by the Chairperson after consulting the Management Board and following an open call for participation, and a new paragraph 4 adds an equivalent panel procedure tied to the inquiry under Article 22(4).
The paragraph on proposing decisions for final adoption now also names the Chairperson as able to propose such decisions, excludes matters concerning the prevention of money laundering or terrorist financing from that mechanism, and adds a sentence on a panel presenting the outcome of the Article 22(4) inquiry to the Board of Supervisors, while the closing paragraph on rules of procedure for the panels is renumbered as paragraph 6.
Cited: Art. 41, v1 · Art. 41, v2
text before / after
02010R1093-20190330 → 02010R1093-20200101
Article 41
Internal committees and panels
1. The Board of Supervisors, on its own initiative or at the request of the Chairperson, may establish internal committees for specific tasks attributed to it. Upon request from the Management Board or from the Chairperson, the Board of Supervisors may establish internal committees or panels for specific tasks attributed to the Management Board. The Board of Supervisors, and Supervisors may provide for the delegation of certain clearly defined tasks and decisions to internal committees or panels, committees, to the Management Board or to the Chairperson.
1a. 2. For the purposes of Article 17, and without prejudice to the role of the committee referred to in Article 9a(7), the Chairperson shall propose a decision to convene an independent panel, to be adopted by the Board of Supervisors Supervisors. The independent panel shall convoke an independent panel, consisting consist of the Chairperson of the Board of Supervisors and six other members, who are to be proposed by the Chairperson after consulting the Management Board and following an open call for participation. The six other members shall not be representatives of the competent authority alleged to have breached Union law and who shall not have neither any interest in the matter nor or direct links to the competent authority concerned.
Each member of the panel shall have one vote.
Decisions of the panel shall be taken where at least four members vote in favour.
2. 3. For the purposes of Article 19, and without prejudice to the role of the committee referred to in Article 9a(7), the Chairperson shall propose a decision to convene an independent panel, to be adopted by the Board of Supervisors shall convoke an Supervisors. The independent panel consisting shall consist of the Chairperson of and six other members, to be proposed by the Chairperson after consulting the Management Board of Supervisors, and of following an open call for participation. The six other members who are shall not be representatives of the competent authorities party to the disagreement and who shall not have neither any interest in the conflict nor matter or direct links to the competent authorities concerned.
Each member of the panel shall have one vote.
Decisions of the panel shall be taken where at least four members vote in favour.
3. 4. For the purposes of conducting the inquiry provided for in the first subparagraph of Article 22(4), the Chairperson may propose a decision to launch the inquiry and a decision to convene an independent panel, to be adopted by the Board of Supervisors. The independent panel shall consist of the Chairperson and six other members, to be proposed by the Chairperson after consulting the Management Board and following an open call for participation.
Each member of the panel shall have one vote.
Decisions of the panel shall be taken where at least four members vote in favour.
5. The panels referred to in paragraphs 2 and 3 of this Article or the Chairperson shall propose decisions under Article 17 17, or Article 19 19, except on matters concerning the prevention of the use of the financial system for the purpose of money laundering or of terrorist financing, for final adoption by the Board of Supervisors.
4. A panel referred to in paragraph 4 of this Article shall present the outcome of the inquiry conducted pursuant to the first subparagraph of Article 22(4) to the Board of Supervisors.
6. The Board of Supervisors shall adopt rules of procedure for the panels referred to in this Article.