emendrix

Art. 42

European Banking Authority Regulation · 32010R1093 · every event for this act · on EUR-Lex

Independence of the Board of Supervisors

2 changes recorded across 2 events, newest first.

in force 2020-01-01 MODIFIED+720 −183

Amended by Regulation (EU) 2019/2175 32019R2175

applies from: unchanged

Sources disagree — the text comparison and the EU's own amendment metadata found this change; the amending act's instructions do not mention it. All are shown; none is overruled.

The heading changed from "Independence" to "Independence of the Board of Supervisors," and the article is now numbered into four paragraphs instead of three unnumbered ones.

The first paragraph now applies to all members of the Board of Supervisors rather than singling out the Chairperson and voting members, and refers to "any government" instead of "any government of a Member State," while the reference to the tasks conferred on the European Central Bank by Regulation (EU) No 1024/2013 is no longer present.

Two new paragraphs were added requiring members, the Chairperson, and non-voting representatives and observers to declare conflicts of interest before meetings and abstain from related discussion and voting, and requiring the Board of Supervisors to set out practical arrangements for that declaration rule and for managing conflicts of interest in its rules of procedure.

Cited: Art. 42, v1 · Art. 42, v2

text before / after

02010R1093-2019033002010R1093-20200101

Article 42 Independence of the Board of Supervisors 1. When carrying out the tasks conferred upon it them by this Regulation, the Chairperson and the voting members of the Board of Supervisors shall act independently and objectively in the sole interest of the Union as a whole and shall neither seek nor take instructions from Union institutions or bodies, from any government of a Member State or from any other public or private body. Neither 2. Member States, the Union institutions or bodies, nor and any other public or private body body, shall not seek to influence the members of the Board of Supervisors in the performance of their tasks. The first 3. Members of the Board of Supervisors, the Chairperson as well as non-voting representatives and second paragraphs are without prejudice observers participating in the meetings of the Board of Supervisors shall, before such meetings, accurately and completely declare the absence or existence of any interest which might be considered prejudicial to the tasks conferred their independence in relation to any items on the European Central Bank by Regulation (EU) No 1024/2013. agenda, and shall abstain from participating in the discussion of, and voting upon, such points. 4. The Board of Supervisors shall lay down, in its rules of procedure, the practical arrangements for the rule on declaration of interest referred to in paragraph 3 and for the prevention and the management of conflict of interest.

in force 2013-10-30 MODIFIED

Amended by Regulation (EU) No 1022/2013 32013R1022

applies from: unchanged

A new third paragraph is added stating that the first and second paragraphs are without prejudice to the tasks conferred on the European Central Bank by Regulation (EU) No 1024/2013.

Cited: Art. 42, v2

text before / after, on the event page →