in force 2020-01-01 MODIFIED+1,783 −649§
Amended by Regulation (EU) 2019/2175 32019R2175
applies from: unchanged
The provision replaces the prior rules for decisions under Article 19(3) group-supervisor panels and blocking-minority voting with new rules covering the Chairperson's non-voting status on qualified-majority decisions, a consensus-seeking and three-quarters majority procedure for panel composition and peer review committee members, and a simple-majority procedure for decisions under Article 18(3) and (4), while also changing several references to 'members' into 'voting members'.
Paragraph 4 no longer sets out general voting arrangements and quorum rules but instead introduces a specific written-procedure mechanism for decisions under Articles 17, 19 and 30, including an eight-working-day voting period, an objection threshold of a simple majority or three members, and treatment of abstentions, and it removes the exception previously made for the Executive Director from the ban on non-voting members attending discussions on individual financial institutions.
A new paragraph 5 is added giving the Chairperson the prerogative to call a vote at any time and directing the Board of Supervisors to strive for consensus in its decision-making, a provision not present before.
Cited: Art. 44, v1 · Art. 44, v2
text before / after
02010R1094-20140523 → 02010R1094-20200101
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 and in Article 3 of the Protocol (No 36) No 36 on transitional provisions.
The Chairperson shall not vote on the decisions referred to in the second subparagraph.
With regard to decisions the composition of the panels in accordance with Article 19(3), for decisions taken by the group supervisor, the decision proposed by the panel shall be considered as adopted, if approved by a simple majority, unless it is rejected by members representing a blocking minority of the votes as defined in Article 16(4) of the Treaty on European Union 41(2), (3) and in Article 3 of the Protocol (No 36) on transitional provisions.
For all other decisions in accordance with Article 19(3), the decision proposed by the panel shall be adopted by a simple majority of (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 the 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.
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.
4. With regard to the decisions in accordance with Articles 17, 19 and 30 the Board of Supervisors shall vote on the proposed decisions using a written procedure. The rules 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 shall set out in detail the arrangements governing voting, including, where appropriate, the rules governing quorums. paragraph 1 of this Article.
The non-voting members and the observers, with the exception of the Chairperson and the Executive Director, 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).5. The 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 decision-making procedures, the Board of Supervisors of the Authority shall strive for consensus when taking its decisions.