in force 2020-01-01 MODIFIED+2,877 −1,148§
Amended by Regulation (EU) 2019/2175 32019R2175
applies from: unchanged
The article restructures decision-making on written procedures by adding new paragraphs 3a and 3b, setting out written-vote procedures with an eight-working-day voting window for decisions under Article 30 and under Articles 17 and 19, including rules on objections, abstentions, and what happens if three members object, and it moves the non-participating-Member-States derogation into new paragraph 3b while removing it from paragraph 1.
Paragraph 1 also adds a new sentence stating the Chairperson does not vote on the qualified-majority decisions described there, extends the consensus-seeking rule to cover panels under Article 41(2), (3) and (4) and to peer review committee members under Article 30(2), and adjusts internal cross-references to specify "of this Regulation" and to Article 16(4) TEU.
Paragraph 4 changes the exemption from the discussion-attendance restriction so that it no longer names the Chairperson among those excepted, instead placing the Executive Director and the European Central Bank representative exception in a new separate subparagraph, and it changes "acts" to "legislative acts" in its final cross-reference, while paragraph 4a simply changes the title "Chair" to "Chairperson."
Cited: Art. 44, v2 · Art. 44, v1
text before / after
02010R1093-20190330 → 02010R1093-20200101
Article 44
Decision-making
1. Decisions of the Board of Supervisors shall be taken by a simple majority of its members. Each voting member shall have one vote.
With regard to the acts specified in Articles 10 to 16 of this Regulation and measures and decisions adopted under the third subparagraph of Article 9(5) of this Regulation, and Chapter VI and of this Regulation and, by way of derogation from the first subparagraph of this paragraph, the Board of Supervisors shall take decisions on the basis of a qualified majority of its members, as defined in Article 16(4) of the Treaty on European Union TEU and in Article 3 of the Protocol No 36 on transitional provisions, which shall include at least a simple majority of its members the members, present at the vote, from competent authorities of Member States that are participating Member States as defined in point 1 (1) of Article 2 of Regulation (EU) No 1024/2013 (participating Member States) and a simple majority of its members the members, present at the vote, from competent authorities of Member States that are not participating Member States as defined in point 1 of Article 2 of Regulation (EU) No 1024/2013 (non-participating Member States).
With regard The Chairperson shall not vote on the decisions referred to decisions in accordance with Articles 17 and 19, the decision proposed by the panel shall be adopted by a simple majority of the voting members of the Board of Supervisors, which shall include a simple majority of its members from competent authorities of participating Member States and a simple majority of its members from competent authorities of non-participating Member States.
By way of derogation from the third subparagraph, from the date when four or fewer voting members are from competent authorities of non-participating Member States, the decision proposed by the panel shall be adopted by a simple majority of the voting members of the Board of Supervisors, which shall include at least one vote from members from competent authorities of non-participating Member States.
Each voting member shall have one vote. second subparagraph.
With regard to the composition of the panel panels in accordance with Article 41(2), (3) and (4), and the members of the peer review committee referred to in Article 30(2), the Board of Supervisors Supervisors, when considering the proposals by its Chairperson, shall strive for consensus. In the absence of consensus, decisions of the Board of Supervisors shall be taken by a majority of three quarters of its voting members. Each voting member shall have one vote.
With regard to decisions adopted under Article 18(3) and (4), and by way of derogation from the first subparagraph of this paragraph, the Board of Supervisors shall take decisions on the basis of a simple majority of its voting members, which shall include a simple majority of its members from competent authorities of participating Member States and a simple majority of its members from competent authorities of non-participating Member States.
2. Meetings of the Board of Supervisors shall be convened by the Chairperson at his own initiative or at the request of one third of its members, and shall be chaired by the Chairperson.
3. The Board of Supervisors shall adopt and make public its rules of procedure.
3a. With regard to the decisions in accordance with Article 30, the Board of Supervisors shall vote on the proposed decisions using a written procedure. The voting members of the Board of Supervisors shall have eight working days to vote. Each voting member shall have one vote. The proposed decision shall be considered adopted unless a simple majority of voting members of the Board of Supervisors objects. Abstentions shall not be counted as approvals or as objections, and shall not be considered when calculating the number of votes cast. If three voting members of the Board of Supervisors object to the written procedure, the draft decision shall be discussed and decided on by the Board of Supervisors in accordance with the procedure set out in paragraph 1 of this Article.
3b. With regard to decisions in accordance with Articles 17 and 19, the Board of Supervisors shall vote on the proposed decision using a written procedure. The voting members of the Board of Supervisors shall have eight working days to vote. Each voting member shall have one vote. The proposed decision shall be considered adopted unless a simple majority of its members from competent authorities of participating Member States, or a simple majority of its members from competent authorities of non-participating Member States, objects to it. Abstentions shall not be counted as approvals or as objections, and shall not be considered when calculating the number of votes cast. If three voting members of the Board of Supervisors object to the written procedure, the draft decision shall be discussed by the Board of Supervisors and can be adopted by a simple majority of the voting members of the Board of Supervisors, which shall include a simple majority of its members from competent authorities of participating Member States and a simple majority of its members from competent authorities of non-participating Member States.
By way of derogation from the first subparagraph, from the date when four or fewer voting members are from competent authorities of non-participating Member States, the decision proposed shall be adopted by a simple majority of the voting members of the Board of Supervisors, which shall include at least one vote from members from competent authorities of non-participating Member States.
4. The non-voting members and the observers, with the exception of the Chairperson, the Executive Director and the European Central Bank representative nominated by its Supervisory Board, observers shall not attend any discussions within the Board of Supervisors relating to individual financial institutions, unless otherwise provided for in Article 75(3) or in the legislative acts referred to in Article 1(2).
The first subparagraph shall not apply to the Executive Director and the European Central Bank representative nominated by its Supervisory Board.
4a. The Authority's Chair Authority’s Chairperson shall have the prerogative to call a vote at any time. Without prejudice to that power and to the effectiveness of the Authority's Authority’s decision-making procedures, the Board of Supervisors of the Authority shall strive for consensus when taking its decisions.