in force 2020-01-01 MODIFIED+808 −188§
Amended by Regulation (EU) 2019/2175 32019R2175
applies from: unchanged
Paragraph 1 no longer describes the Board of Appeal as a joint body of the ESAs but instead states that the Board of Appeal of the European Supervisory Authorities is hereby established.
Paragraph 2 adds requirements that members and alternates have relevant knowledge of Union law and international professional experience, be nationals of a Member State with thorough knowledge of at least two official Union languages, exclude members of the Banking Stakeholder Group, and extends the legal expertise requirement to cover proportionality as well as legality of the Authority's exercise of its powers.
Paragraph 3 adds two new subparagraphs giving the European Parliament the possibility to invite shortlisted candidates for members and alternates, and separately the members of the Board of Appeal, to make statements and answer questions, while excluding statements, questions or answers on individual cases decided by or pending before the Board of Appeal.
Cited: Art. 58, v2 · Art. 58, v1
text before / after
02010R1093-20190330 → 02010R1093-20200101
Article 58
Composition and operation
1. The Board of Appeal shall be a joint body of the ESAs. European Supervisory Authorities is hereby established.
2. The Board of Appeal shall be composed of six members and six alternates, who shall be individuals of a high repute with a proven record of relevant knowledge of Union law and of having international professional experience, including supervisory experience, to a sufficiently high level in the fields of banking, insurance, occupational pensions, securities markets or other financial services, excluding current staff of the competent authorities or other national or Union institutions or bodies involved in the activities of the Authority. Authority and members of the Banking Stakeholder Group. Members and alternates shall be nationals of a Member State and shall have a thorough knowledge of at least two official languages of the Union. The Board of Appeal shall have sufficient legal expertise to provide expert legal advice on the legality legality, including proportionality, of the Authority’s exercise of its powers.
The Board of Appeal shall designate its President.
3. Two members of the Board of Appeal and two alternates shall be appointed by the Management Board of the Authority from a short-list shortlist proposed by the Commission, following a public call for expressions of interest published in the Official Journal of the European Union, and after consultation of the Board of Supervisors.
After having received the shortlist, the European Parliament may invite candidates for members and alternates to make a statement before it and answer any questions from its Members.
The other European Parliament may invite the members shall be appointed in accordance with Regulation (EU) No 1094/2010 of the Board of Appeal to make a statement before it and Regulation (EU) No 1095/2010. answer any questions from its Members whenever so requested, to the exclusion of statements, questions or answers pertaining to individual cases decided by, or pending before, the Board of Appeal.
4. The term of office of the members of the Board of Appeal shall be 5 years. That term may be extended once.
5. A member of the Board of Appeal appointed by the Management Board of the Authority shall not be removed during his term of office, unless he has been found guilty of serious misconduct and the Management Board takes a decision to that effect after consulting the Board of Supervisors.
6. The decisions of the Board of Appeal shall be adopted on the basis of a majority of at least four of its six members. Where the appealed decision falls within the scope of this Regulation, the deciding majority shall include at least one of the two members of the Board of Appeal appointed by the Authority.
7. The Board of Appeal shall be convened by its President when necessary.
8. The ESAs shall ensure adequate operational and secretarial support for the Board of Appeal through the Joint Committee.