REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
amending Regulation (EU) No 1093/2010 as regards the location of the seat of the European Banking Authority
Document dated: 07 June 2018 post Technical Meeting EP/Council/COM
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1.
REGULATION OF THE
REGULATION OF THE
REGULATION OF THE
REGULATION OF THE
EUROPEAN PARLIAMENT
EUROPEAN PARLIAMENT
EUROPEAN PARLIAMENT
EUROPEAN PARLIAMENT
AND OF THE COUNCIL
AND OF THE COUNCIL
AND OF THE COUNCIL
AND OF THE COUNCIL
2.
amending Regulation (EU) No amending Regulation (EU) No amending Regulation (EU) No amending Regulation (EU) No
1093/2010 as regards the location 1093/2010 as regards the location 1093/2010 as regards the location 1093/2010 as regards the location
of the seat of the European of the seat of the European of the seat of the European of the seat of the European
Banking Authority
Banking Authority
Banking Authority
Banking Authority
3.
THE
EUROPEAN THE EUROPEAN
THE EUROPEAN
THE EUROPEAN
PARLIAMENT AND THE
PARLIAMENT AND THE
PARLIAMENT AND THE
PARLIAMENT AND THE
COUNCIL OF THE EUROPEAN COUNCIL OF THE EUROPEAN COUNCIL OF THE EUROPEAN COUNCIL OF THE EUROPEAN
UNION,
UNION,
UNION,
UNION,
4.
Cit. 1
Having regard to the Treaty on the Having regard to the Treaty on the Having regard to the Treaty on the Having regard to the Treaty on the
Functioning of the European Functioning of the European Functioning of the European Functioning of the European
Union, and in particular Article Union, and in particular Article Union, and in particular Article Union, and in particular Article
114 thereof,
114 thereof,
114 thereof,
114 thereof,
5.
Cit. 1a
Having regard to the Treaty on TM 7/6:
(new)
European Union, and in
deleted
particular Article 13(2) thereof,
6.
Cit. 2
Having regard to the proposal Having regard to the proposal Having regard to the proposal Having regard to the proposal
from the European Commission,
from the European Commission,
from the European Commission,
from the European Commission,
7.
Cit. 3
After transmission of the draft After transmission of the draft After transmission of the draft After transmission of the draft
legislative act to the national legislative act to the national legislative act to the national legislative act to the national
parliaments,
parliaments,
parliaments,
parliaments,
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8.
Cit. 4
Having regard to the opinion of the Having regard to the opinion of the Having regard to the opinion of the Having regard to the opinion of the
European Central Bank1,
European Central Bank2,
European Central Bank3,
European Central Bank4,
9.
Cit. 5
Having regard to the opinion of the Having regard to the opinion of the Having regard to the opinion of the Having regard to the opinion of the
European Social and European European Social and European European Social and European European
Economic and Social
Committee5,
Committee6,
Committee7,
and European Committee8,
10. Cit. 6
Acting in accordance with the Acting in accordance with the Acting in accordance with the Acting in accordance with the
ordinary legislative procedure,
ordinary legislative procedure,
ordinary legislative procedure,
ordinary legislative procedure,
11.
Whereas:
Whereas:
Whereas:
Whereas:
12. Rec. 1
(1) In the context of the United (1) In the context of the United (1) In the context of the United TM 7/6
Kingdom's notification on 29 Kingdom's notification on 29 Kingdom's notification on 29 (1) In the context of the United
March 2017 of its intention to March 2017 of its intention to March 2017 of its intention to Kingdom's notification on 29
leave the Union, pursuant to leave the Union, pursuant to leave the Union, pursuant to March 2017 of its intention to
Article 50 of the Treaty on Article 50 of the Treaty on Article 50 of the Treaty on leave the Union, pursuant to
European Union, the other 27 European Union, the other 27 European Union
(TEU), the other Article 50 of the Treaty on
Member States, meeting in the Member States, meeting in the 27 Member States, meeting in the European Union
(TEU), the other
margins of the General Affairs margins of the General Affairs margins of the General Affairs 27 Member States, meeting in the
Council (‘Article 50’), selected Council (‘Article 50’), selected Council (‘Article 50’), selected margins of the General Affairs
Paris, France, as the new seat of Paris, France, as the new seat of Paris, France, as the new seat of Council (‘Article 50’), selected
the European Banking Authority.
the European Banking Authority.
the
European Supervisory
Paris, France, as the new seat of
Authority (European Banking the
European Supervisory
Authority) (EBA).
Authority (European Banking
Authority) (EBA).
1
[…]
2
[…]
3
[…]
4
[…]
5
[…]
6
[…]
7
[…]
8
[…]
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13. Rec. 1a
(1a) The costs of the relocation of TM 7/6
(new)
the seat of the EBA arise as a (1a) The costs of the relocation
result of the unilateral decision of of the seat of the EBA arise as a
the United Kingdom to leave the result of the unilateral decision of
Union. Nevertheless, on the basis the United Kingdom to leave the
of the joint report from the Union. Nevertheless, on the basis
negotiators of the European Taking note of the “Joint report
Union and the United Kingdom from the negotiators of the
Government agreed on 8
European Union and the United
December 2017 and of the Kingdom Government on
commitment of the United progress during phase 1 of
Kingdom to contribute to the negotiations under Article 50
general budget of the Union for TEU on the United Kingdom’s
the financial years 2019 and 2020 orderly withdrawal from the
as if it remained in the Union and European Union” agreed on of 8
to contribute to its share of the December 2017 and in particular
financing of the commitments its chapter on financial
outstanding at 31 December settlement,
and of the
2020, those costs are to be borne commitment of the United
by all Union taxpayers through Kingdom to contribute to the
the general budget of the Union. general budget of the Union for
The United Kingdom has offered the financial years 2019 and 2020
to discuss with those Union as if it remained in the Union and
agencies that are located in to contribute to its share of the
London how they could reduce financing of the commitments
their withdrawal costs.
outstanding at 31 December
2020, the costs of relocation of
the seat of the EBA, arising from
the decision of the United
Kingdom to leave the Union,
those costs are to be borne by all
Union taxpayers through the
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general budget of the Union. The
United Kingdom has offered to
discuss with those Union
agencies that are located in
London how they could reduce
their withdrawal costs.
14. Rec. 2
(2) Having regard to Article 50(3) (2) Having regard to Article 50(3) (2) Having regard to Article 50(3) TM 7/6
of the Treaty on European Union, of the Treaty on European Union,
TEU, the
EBA should take its new (2) Having regard to Article 50(3)
the European Banking Authority the European Banking Authority seat as from the date on which the
TEU, the
EBA should take its new
should take its new seat as from should take its new seat as from Treaties cease to apply to the seat as from the date on which the
the date on which the Treaties the date on which the Treaties United Kingdom or from 30 Treaties cease to apply to the
cease to apply to the United cease to apply to the United March, 2019, whichever is the United Kingdom or from 30
Kingdom or from 30 March, 2019, Kingdom or from 30 March, 2019, earlier.
March, 2019, whichever is the
whichever is the earlier.
whichever is the earlier.
earlier.
15. Rec. 3
(3)
To ensure the proper (3)
To ensure the proper (3) To ensure the proper TM 7/6
functioning of the European functioning of the European functioning of the
EBA in its new (3) To ensure the proper
Banking Authority in its new Banking Authority in its new location, a headquarters agreement functioning of the
EBA in its new
location, a headquarters agreement location, a headquarters agreement should be concluded
and a location, a headquarters agreement
should be concluded before the should be concluded before the
building project in accordance should be concluded
and a
European Banking Authority takes European Banking Authority takes
with Article 88 of Commission building project in accordance
up its new seat.
up its new seat.
Delegated Regulation (EU) No with Article 88 of Commission
1271/20139 should be approved Delegated Regulation (EU) No
before the
EBA takes up its new
1271/201310 should be approved seat.
The new premises should be before the
EBA takes up its new
ready and fit for the purpose of seat.
The new premises should be
permanent relocation by the time ready and fit for the purpose of
the withdrawal of the United permanent relocation by 30
Kingdom from the Union comes March 2019 the time the
9
Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation
(EU, Euratom) No 966/2012 of the European Parliament and of the Council (OJ L 328, 7.12.2013, p. 42).
10
Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation
(EU, Euratom) No 966/2012 of the European Parliament and of the Council (OJ L 328, 7.12.2013, p. 42).
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into effect.
The headquarters withdrawal of the United
agreement should reflect the Kingdom from the Union comes
responsibility of the French into effect.
The headquarters
authorities to provide the most agreement should reflect the
appropriate conditions and the responsibility of the French
most efficient solution for the authorities to provide the most
location of the EBA.
appropriate conditions in order to
ensure the proper functioning of
the Authority in the context of its
relocation. and the most efficient
solution for the location of the
EBA.
16. Rec. 3a
(3a) The transfer of the seat of the TM 7/6
(new)
EBA does not call into question (3a) The transfer of the seat of the
the establishment plan as adopted EBA does not call into question
by the European Parliament and the establishment plan as adopted
the Council, nor the application by the European Parliament and
of the Staff Regulations to the Council, nor the application
officials or other agents who of the Staff Regulations to
work at the EBA.
officials or other agents who
work at the EBA.
17. Rec. 4
(4) To give the European Banking (4) To give the European Banking (4) To give the
EBA sufficient TM 7/6
Authority sufficient time to Authority sufficient time to time to relocate, this Regulation (4) To give the
EBA sufficient
relocate, this Regulation should relocate, this Regulation should should enter into force as a matter time to relocate, this Regulation
enter into force as a matter of enter into force as a matter of of urgency
while taking into should enter into force as a matter
urgency.
urgency.
account the co-decision powers of of urgency
following its adoption
the European Parliament and the in accordance with the ordinary
Council.
legislative procedure while taking
into account the co-decision
powers of the European
Parliament and the Council.
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18. Rec. 4a
(4a) In order to acknowledge that
(new)
it is possible for the location of a
decentralised agency to be set out
in a Union legislative act which is
subject to the ordinary legislative
procedure, the European
Parliament, the Council and the
Commission are committed to
concluding, by 31 December
2018, a revision of the Joint
Statement on decentralised
agencies. The location of a Union
agency should be selected in a
transparent procedure which
reinforces democratic
accountability and by jointly
defining and weighting the
selection criteria.
19. Rec. 4b
(4b) The relocation of the EBA TM 7/6: last sentence of EP text
(new)
should not have any
to be further discussed
consequences with regard to
executing the distinct mandate or (4b) The relocation of the EBA
maintaining the separate legal should not have any
status of the European
consequences with regard to
Supervisory Authorities. The executing the distinct mandate or
relocation might allow, where maintaining the separate legal
applicable, for the sharing of status of the European
administrative support services Supervisory Authorities. The
and facility management services relocation might allow, where
among Union agencies which are applicable, for the sharing of
not related to core activities. To administrative support services
address the efficiency of those and facility management services
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agencies, the European
among Union agencies which
Parliament, the Council and the are not related to core activities.
Commission should, when
revising the Joint Statement on
decentralised agencies, also build
on the recommendations of the
Interinstitutional Working Group
on decentralised agencies'
resources.
20. Rec. 5
(5) Regulation (EU) No
(5) Regulation (EU) No
(5) Regulation (EU) No
(5) Regulation (EU) No
1093/2010 of the European 1093/2010 of the European 1093/2010 of the European 1093/2010 of the European
Parliament and of the Council11 Parliament and of the Council12 Parliament and of the Council13 Parliament and of the Council14
should therefore be amended should therefore be amended should therefore be amended should therefore be amended
accordingly,
accordingly,
accordingly
.
accordingly
.
21. Rec. 5a
(5a) Article 13(2) TEU requires TM 7/6
(new)
relations between the institutions (5a) Article 13(2) TEU requires
of the Union to be carried out in Relations between the institutions
mutual sincere cooperation,
of the Union are to be carried out
while each of them is acting in mutual sincere cooperation,
within the limits of the powers while each of them is acting
conferred on it in the Treaties and within the limits of the powers
in conformity with the
conferred on it in the Treaties and
procedures, conditions and
in conformity with the
objectives set out in them. The procedures, conditions and
European Parliament is to be objectives set out in them. The
11
Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking
Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (OJ L 331, 15.12.2010, p. 12).
12
Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking
Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (OJ L 331, 15.12.2010, p. 12).
13
Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking
Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (OJ L 331, 15.12.2010, p. 12).
14
Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking
Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (OJ L 331, 15.12.2010, p. 12).
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fully informed and involved European Parliament is to be
throughout all steps of the fully informed and involved
ordinary legislative procedure,
throughout all steps of the
ordinary legislative procedure,
22.
HAVE ADOPTED THIS
HAVE ADOPTED THIS
HAVE ADOPTED THIS
HAVE ADOPTED THIS
REGULATION:
REGULATION:
REGULATION:
REGULATION:
23. Article 1
Article 1
Article 1
Article 1
Article 1
24. Art. 1 - para Article 7 of Regulation (EU) Article 7 of Regulation (EU) Article 7 of Regulation (EU) Article 7 of Regulation (EU)
1
No 1093/2010 is replaced by the No 1093/2010 is replaced by the No 1093/2010 is replaced by the No 1093/2010 is replaced by the
following:
following:
following:
following:
25. Art. 1 - para “Article 7
“Article 7
“Article 7
“Article 7
1
Article 7
26. Art. 1 - para Seat
Seat
Seat
Seat
1
Art. 7 - title
27. Art. 1 - para The Authority shall have its seat in The Authority shall have its seat
The Authority shall have its seat in The Authority shall have its seat in
1
Paris, France.”
in Paris, France.”
Paris, France.
Paris, France.
Art. 7 - para
1
28. Art. 1 - para
The Authority, the European TM 7/6
1
Supervisory Authority (European Comments: COM to disagree with
Art. 7 - para
Insurance and Occupational this text, also given reporting
1a (new)
Pensions Authority) and the obligations in Article 81.
European Supervisory Authority The location of the seat of the
(European Securities and
EBA shall not affect EBA’s
Markets Authority) shall
execution of its powers and tasks,
separately execute their powers the organisation of its
and tasks, organise their
governance structure, the
governance structure, operate operation of its main
their main organisation, and organisation, or the main
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ensure the main financing of financing of its activities, which
their activities, which all are all are different in their field of
different in their field of competence, independent of their
competence, independent of their location, while, where applicable,
location, while, where applicable, while allowing, where applicable,
allowing for the sharing of for the sharing of administrative
administrative support services support services and facility
and facility management services management services, which are
among Union agencies which are not related to its core activities,
not related to core activities. By ... with Union agencies. By ... [date
[date of application of this of application of this Regulation]
Regulation] and every 12 months and every 12 months thereafter,
thereafter, the Commission shall the Commission shall report to
report to the European
the European Parliament and the
Parliament and the Council on Council on the compliance of
the compliance of those
those Authorities with that
Authorities with that
requirement.”
requirement.”
29. Article 2
Article 2
Article 2
Article 2
Article 2
30. Art. 2 - para This Regulation shall enter into This Regulation shall enter into This Regulation shall enter into This Regulation shall enter into
1
force on the day of its publication force on the day of its publication force on the day of its publication force on the day of its publication
in the Official Journal of the in the Official Journal of the in the Official Journal of the in the Official Journal of the
European Union.
European Union.
European Union.
European Union.
31. Art. 2 - para This Regulation shall apply from This Regulation shall apply from This Regulation shall apply from This Regulation shall apply from
2
the date on which the Treaties the date on which the Treaties the date on which the Treaties the date on which the Treaties
cease to apply to the United cease to apply to the United cease to apply to the United cease to apply to the United
Kingdom or from 30 March 2019, Kingdom or from 30 March 2019, Kingdom or from 30 March 2019, Kingdom or from 30 March 2019,
whichever is the earlier.
whichever is the earlier.
whichever is the earlier.
whichever is the earlier.
32. Concluding This Regulation shall be binding This Regulation shall be binding This Regulation shall be binding This Regulation shall be binding
sentence
in its entirety and directly in its entirety and directly in its entirety and directly in its entirety and directly
applicable in all Member States.
applicable in all Member States.
applicable in all Member States.
applicable in all Member States.
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33. Statement
ATTACHMENT TO
of the EP -
REGULATION 2018/...
title
STATEMENT OF THE
EUROPEAN PARLIAMENT
34. Paragraph 1
The European Parliament regrets that its role of co-legislator has
not been duly taken into account
since it was not involved in the
procedure leading to the selection
of the new seat of the European
Banking Authority (EBA).
35. Paragraph 2
The European Parliament wishes to recall its prerogatives as co-
legislator and insists on the full
respect of the ordinary legislative
procedure in relation to the
location of bodies and agencies.
36. Paragraph 3
As the only directly elected Union institution and representative of
the Union’s citizens, it is the first
guarantor of the respect of the
democratic principle in the
Union.
37. Paragraph 4
The European Parliament
condemns the procedure followed
for the selection of the new
location of the seat, which has de
facto deprived the European
Parliament of its prerogatives
since it was not effectively
involved in the process, but is now
expected to simply confirm the
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selection made for the new
location of the seat by means of
the ordinary legislative
procedure.
38. Paragraph 5
The European Parliament recalls that the Common Approach
annexed to the Joint Statement of
the European Parliament,
Council
and European
Commission on decentralised
agencies signed in 2012 is legally
non-binding, as acknowledged in
the Statement itself and that it
was agreed without prejudice to
the legislative powers of the
institutions.
39. Paragraph 6
Therefore, the European Parliament insists that the
procedure followed for the
selection of a new location for the
agencies will be revised and not
used anymore in this form in the
future.
40. Paragraph 7
Finally, the European
Parliament wishes to recall as
well that in the Inter-institutional
Agreement of 13 April 2016 on
Better Law-Making15, the three
institutions committed to sincere
and transparent cooperation
15
OJ L 123, 12.5.2016, p. 1.
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while recalling the equality of
both co-legislators as enshrined
in the Treaties.
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